§ 6-8

This chapter shall be known as "The Water Conservation Plan of the City of Ontario." (§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)

(a) Because of the water supply conditions prevailing in the City and/or the area from which the City obtains a portion of its supply, the general welfare requires that the water resources available to the City of Ontario be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented and that the conservation of such water be practiced with a view to that reasonable and beneficial use thereof in the interest of the people of the City. (b) The purpose of this chapter is to minimize the potential for a water shortage through the practice of water conservation, and to minimize the effect of a shortage of water supplies on the water customers of the City. It is furthermore the intent of this chapter to adopt provisions that will significantly reduce the inefficient consumption of water, thereby extending the available water resources necessary for domestic, sanitation, and fire protection of the community to the greatest extent possible. (c) This chapter shall be applicable to all persons within the City. For the purposes of this chapter, "person" means any natural person, property owner, renter, or lessee, as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, homeowners' association, joint venture, business entity, or other similar entity, or the property management company, property manager, agent, employee or representative of any of the above.

(§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)

(a) The City Council may declare a water shortage based on a determination by the Metropolitan Water District of Southern California, the Inland Empire Utilities Agency, the declaration of an executive order of the Governor, or the adoption of voluntary or mandatory water use restrictions by any state agency governing the use of water, or based upon any interruption in water supply or delivery that the City Council determines in its sole discretion necessitates water conservation pursuant to this chapter. (b) In the event of an immediate emergency that causes an unplanned interruption of water supply, the City Manager or his/her designee is authorized to restrict water use and apportion the available supply of water among its customers in the most equitable manner possible to continue service fairly and without discrimination, except that preference shall be given to such service as is essential to the public interest and to the preservation of life and health. (c) A water shortage, including a water shortage emergency but excluding an immediate emergency, shall be declared by the adoption of a resolution of the City Council. (1) A notice of a water shortage, other than a water shortage emergency, shall be published in a daily newspaper of general circulation within the City. Any restrictions on the use of water during a declared water shortage shall become effective immediately upon such publication. (2) Notice of hearing to declare a water shortage emergency, other than an immediate emergency, shall be made in accordance with Water Code Section 351. Any restrictions on the use of water during a declared water shortage shall become effective immediately upon adoption unless otherwise be determined by the City Council. (§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)

(a) The following are prohibited in any new water connections: (1) Non-recycling decorative fountains; (2) Single-pass cooling systems; and (3) Conveyor and in-bay vehicle wash and commercial laundry systems that do not reuse water. (b) No water customer of the City shall make, cause, use, or permit the use of water from the City in a manner contrary to any provision of this chapter or in an amount in excess of the use permitted by any restriction provisions then in effect pursuant to the provisions of this chapter. (§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)

(a) The prohibited uses of water and water use restrictions provided within this chapter are not applicable for the use of recycled water or the use of potable water necessary for public health and safety or for essential government services such as police, fire, and other similar services. (b) Nothing contained within this chapter shall be construed to require the City to curtail the supply of water necessary for the health, safety, and welfare of any person.

(§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)

(a) All persons are encouraged to voluntarily limit the amount of water used to the amount absolutely necessary for health and safety, business operations, and irrigation. Except as otherwise provided in this chapter where a declared water shortage stage or water shortage emergency requires mandatory or other more stringent requirements, the following elements of conservation apply at all times on a voluntary basis by all persons within the City: (1) Avoid hose washing of sidewalks, walkways, driveways, parking areas or other paved surfaces, except as required for sanitary purposes. If a person uses a hand-held hose to wash any sidewalk, walkway, driveway, parking area or other paved surface, the hose shall be equipped with a positive shutoff nozzle. (2) Wash motor vehicles, trailers, boats and other types of mobile equipment using a hand held bucket or a hose equipped with a positive shutoff nozzle for quick rinses, or at the immediate premises of a commercial car wash or with recycled wastewater for approved uses. (3) Avoid using water to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic structures unless such water is part of a recycling system. (4) Encourage restaurants, hotels, cafés, cafeterias or other public places where food is sold, served or offered for sale, to serve drinking water only to those customers expressly requesting water. (5) Promptly repair all leaks from indoor and outdoor plumbing fixtures. (6) Avoid watering lawn, landscape or other turf areas between 6:00 a.m. and 6:00 p.m. (7) Avoid causing or allowing the water to run off landscape areas into adjoining streets, sidewalks or other paved areas due to incorrectly directed or maintained sprinklers or excessive watering. (§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)

(a) During Stage 1, the following mandatory restrictions on the use of potable water shall be applicable when the City Council determines that the City's water conservation goals are not being met by voluntary water conservation measures, or that the City's water supplies are likely to be reduced by up to ten percent (10%) or it has otherwise been requested or directed by executive order or regulation of a state agency to reduce its potable water consumption or production by a specified amount. (1) Except as required for health and sanitary purposes, washing of sidewalks, walkways, driveways, parking areas or other paved surfaces is prohibited. Any held-hose used for such purposes shall be equipped with a positive shutoff nozzle. (2) Washing of motor vehicles, trailers, boats and other types of mobile equipment shall be done only with a hand-held bucket or a hose equipped with a positive shutoff nozzle for quick rinses, except that washing may be done at the immediate premises of a commercial car wash or with reclaimed wastewater. (3) No water shall be used to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic structures unless such water is part of a recycling system. (4) No restaurant, hotel, café, cafeteria or other public place where food is sold, served or offered for sale, shall serve drinking water to any customer unless expressly requested. (5) All water customers of the City shall promptly repair all leaks from indoor and outdoor plumbing fixtures. Such leak shall be repaired in a timely manner after notification by the City, but in no case after notification in excess

of seventy-two (72) hours for the first violation and then every seventy-two (72) hours thereafter for the second and third violations. (6) No person shall sprinkle, water, or irrigate any shrubbery, trees, lawns, grass, groundcovers, plants, vines, gardens, vegetables, flowers, or any other landscaped or vegetated areas between the hours of 9:00 a.m. and 4:00 p.m. In any event, such watering shall not be in excess of needs nor be of a manner that allows water to flow onto streets or other paved areas. The above mentioned plants may be watered by a hand-held hose equipped with a positive shutoff nozzle at any time of the day. This provision shall not apply to commercial nurseries, golf courses and other water- dependent industries. (7) No water customer of the City shall cause or allow the water to run off landscape areas into adjoining streets, sidewalks or other paved areas due to incorrectly directed or maintained sprinkler or excessive watering. (8) The use of water from fire hydrants shall be limited to fire fighting and related activities necessary to maintain the public health, safety, and welfare. An exception may be made for construction use through a proper City- designated meter. The use of potable water for construction activities shall be restricted in areas where recycled water is available for such use. (b) At any time during Stage 1, if the City Council determines that additional reductions in the amount the potable water being used by water customers are necessary, it may adopt a resolution establishing water use limitations and enforce those water use limitations by the adoption and imposition of a volumetric penalty established therein. (§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)

(a) During Stage 2, the following mandatory restrictions on the use of potable water shall be applicable when the City Council determines that it is likely that the City will suffer a reduction of more than ten percent (10%) and up to (20%) in its water supplies or it has otherwise been requested or directed by an executive order or regulation of a state agency to reduce its potable water consumption or production by a specified amount. (1) All prohibitions and restrictions in § 6-8.26 shall be in effect provided that more restrictive measures noted in this section shall take precedence. (2) Filling or refilling of empty swimming pools shall not occur without the written permission of the City Manager or his/her designee. (3) All customers are prohibited from irrigating turf or ornamental landscapes during and within forty-eight (48) hours following measurable rainfall. (4) Operators of hotels and motels must provide guests with the option of choosing not to have towels and linens laundered daily and prominently display notice of this option. (5) All persons, including the City, are prohibited from irrigating with potable water any ornamental turf on public street medians. (6) The use of potable water for irrigation outside of newly constructed homes and buildings shall be consistent with California Building Standards Commission and Department of Housing & Community Development. (b) At any time during Stage 2, if the City Council determines that additional reductions in the amount the potable water being used by water customers are necessary, it may adopt a resolution establishing water use limitations and enforce those water use limitations by the adoption and imposition of a volumetric penalty established therein. (§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)

(a) During Stage 3, the following mandatory restrictions on the use of potable water shall be applicable when the City Council determines that it is likely that the City will suffer a reduction of more than twenty percent (20%) and up to thirty percent (30%) in its water supplies or it has otherwise been requested or directed by executive order or regulation of a state agency to reduce its potable water consumption or production by a specified amount. (1) All the prohibitions and restrictions in § 6-8.27 shall be in effect provided that the more restrictive measures noted in this section shall take precedence. (2) Residents and CII customers will be prohibited from irrigating any turf or landscape area more than four (4) days a week. (3) The use of water from fire hydrants shall be limited to fire fighting and related activities and other uses of water for municipal purposes shall be limited to activities necessary to maintain the public health, safety and welfare. Unless written permission has been granted by the City Manager or his/her designee, the use of potable water for construction activities and grading shall be prohibited. (b) At any time during Stage 3, if the City Council determines that additional reductions in the amount the potable water being used by water customers are necessary, it may adopt a resolution establishing water use limitations and enforce those water use limitations by the adoption and imposition of a volumetric penalty established therein. (§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)

(a) During Stage 4, the following mandatory restrictions on the use of potable water shall be applicable when the City Council determines that it is likely that the City will suffer a reduction of more than thirty percent (30%) and up to forty percent (40%) in its water supplies or it has otherwise been requested or directed by executive order or regulation of a state agency to reduce its potable water consumption or production by a specified amount. (1) All the prohibitions and restrictions in § 6-8.28 shall be in effect provided that the more restrictive measures noted in this section shall take precedence. (2) Residents and CII customers will be prohibited from irrigating turf or other landscaping more than two (2) days a week. (3) No person shall irrigate any turf or landscaped area more than fifteen (15) minutes on watering days. (4) No vehicles shall be washed unless it is taken to a carwash. (b) At any time during Stage 4, if the City Council determines that additional reductions in the amount the potable water being used by water customers are necessary, it may adopt a resolution establishing water use limitations and enforce those water use limitations by the imposition of a volumetric penalty established therein. (§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)

(a) During Stage 5, the following mandatory restrictions on the use of potable water shall be applicable when the City Council determines that it is likely that the City will suffer a reduction of more than forty percent (40%) and up to fifty percent (50%) in its water supplies or it has otherwise been requested or directed by executive order or regulation of a state agency to reduce its potable water consumption or production by a specified amount. (1) All the prohibitions and restrictions in § 6-8.29 shall be in effect provided that the more restrictive measures noted in this section shall take precedence.

(2) Residents and CII customers will be prohibited from irrigating turf or other landscaping more than one (1) day a week. (b) At any time during Stage 5, if the City Council determines that additional reductions in the amount the potable water being used by water customers are necessary, it may adopt a resolution establishing water use limitations and enforce those water use limitations by the imposition of a volumetric penalty established therein. (§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)

(a) During Stage 6, the following mandatory restrictions on the use of potable water shall be applicable when the City Council determines that it is likely that the City will suffer a reduction of more than fifty percent (50%) in its water supplies or it has otherwise been requested or directed by executive order or regulation of a state agency to reduce its potable water consumption or production by a specified amount. A water shortage emergency may be declared whenever the City Council finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the City to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. A water shortage emergency may include an immediate emergency. An immediate emergency may occur as a result of a breakage or failure of a dam, pump, pipe line or conduit, a major earthquake, large-scale fire, or other so called "Act of God" which may have serious impacts on the City's available water supply. (1) All the prohibitions and restrictions in § 6-8.30 shall be in effect provided that the more restrictive measures noted in this section shall take precedence. (2) Unless otherwise permitted by a resolution of the City Council, there shall be no use of potable water for irrigation of outdoor landscape or turf. (3) Commercial nurseries shall be prohibited from the use of potable water for irrigation of outdoor, landscape and turf except by use of a hand-held hose equipped with a positive shutoff nozzle. (4) The following nonessential uses of water shall be prohibited: the filling, cycling, filtering, or refilling swimming pools, spas, Jacuzzis, fountains or other like devices. (b) At any time during Stage 6, if the City Council determines that additional reductions in the amount the potable water being used by water customers are necessary, it may adopt a resolution establishing water use limitations and enforce those water use limitations by the imposition of a volumetric penalty established therein. (§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)

(a) A water customer of the City may file a written application for relief in whole or in part, from the water use restriction provisions of this chapter. The City Manager or his/her designee shall review the request for a variance and take such steps as he or she deems reasonable to resolve the application for relief. The decision of the City Manager shall be final. (b) Relief may be granted if the water customer 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. No relief shall be granted to any water customer who, when requested by the City Manager, fails to provide any information necessary for resolution of the customer's application for relief.

(§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)

(a) Each and every day that a violation of this chapter occurs or continues to occur shall be considered a new and separate offense. Except for any violation of water use limitations for which a volumetric penalty may be imposed, for each violation of this chapter the following civil penalties may be imposed by issuance of a citation and complaint: (1) First violation. For a first violation, the City shall issue a written warning to the water customer. (2) Second violation. For a second violation, the City shall impose a civil penalty in the amount of One Hundred Dollars ($100.00). (3) Third violation. For a third violation, the City shall impose a civil penalty in the amount of Two Hundred Dollars ($200.00). (4) Subsequent violations. For the fourth and any subsequent violation within one (1) year, the City shall impose a penalty in the amount of Five Hundred Dollars ($500.00). In addition to the civil penalty, the City may also install a flow restricting device on the service of at the premises at which the violation occurred for a period of not less than forty-eight (48) hours. The City shall charge the responsible party the reasonable costs incurred for installing and removing the flow-restricting devices and for restoration of normal service. The charge shall be paid before normal service may be restored. (b) Except for any violation of water use limitations for which a volumetric penalty may be imposed, the City shall give notice of a violation to the person committing the violation as follows: (1) For a first violation, if the person committing the violation is a water customer of the City, then notice shall be given in writing by regular mail or personal delivery to the address at which the water customer is normally billed or at the address where the violation occurred. If the person committing the violation is not a water customer of the City, or if the event is not related to a specific property, the notice may be sent to the last known address of the responsible party or personally delivered. (2) Notice of second or subsequent violations shall be given by the issuance of a citation and complaint in accordance with § 6-8.33(c) and (d). (3) Unless an appeal and/or hearing is requested pursuant to the provisions of § 6-8.34, any civil penalty(ies) imposed by the City shall be due and payable within thirty (30) days of the issuance of the citation and complaint. (c) Except for any violation of water use limitations for which a volumetric penalty may be imposed, any notice of violation of this chapter shall be issued as a citation and complaint and shall: (1) Identify the provision(s) of this chapter and any state law, if applicable, alleged to have been violated; (2) State that continued noncompliance may result in civil, criminal, or administrative enforcement actions against the person who committed the violation, or the customer or the property owner and/or occupant of the property where the violation occurred; (3) State a compliance date that must be met by the person who committed the violation, or the customer, or the property owner and/or occupant of the property where the violation occurred; (4) Order remediation work, where applicable, that must be taken; (5) State that the recipient has a right to request a hearing and appeal the matter as set forth in § 6-8.34; (6) Include the address of the affected property and be addressed to the water customer or the property owner as shown on the most recently issued equalized assessment roll or as may otherwise appear in the current records of the City. If the notice of violation applies to a responsible party who is not the property owner or a water customer, or if the event is not related to a specific property, the notice may be sent to the last known address of the responsible party or personally delivered; and

(7) Be deemed served within ten (10) business days after posting on the property, if the property owner or occupant of the affected property cannot be located after the reasonable efforts of the City Manager or his/her authorized designee. (d) Any citation and complaint may be sent by regular mail or personal delivery. Service by regular mail is effective on the date of mailing. Service by personal delivery is effective on the date delivered. The citation and complaint, may include, where deemed applicable by the City Manager or his/her authorized designee, the following terms and conditions. (1) Specific steps or actions and time schedules for compliance as reasonably necessary to prevent future violations of this chapter; and (2) Any other terms, conditions, or requirements reasonably calculated to prevent continued or threatened future violations of this chapter, including, but not limited to, discontinuing or limiting water service with the installation of a flow restricting device. (e) Any volumetric penalty imposed shall be: (1) Applicable to all potable water used in excess of the water use limitations as established by separate resolution of the City Council; (2) Collected on the customer's water bill; (3) Due and payable as part of the customer's water bill; (4) The responsibility of the customer of record for the property where the violation occurred; and (5) Paid in addition to the water service fees the City imposes for the potable water delivered to the property where the violation occurred. (f) The receipt of a water bill with any applicable volumetric penalty shall serve as notice of violation of the adopted water use limitations as established by resolution of the City Council. (g) Any person who wishes to appeal the imposition of a volumetric penalty may do so pursuant to § 6-8.34. Notice of the right to a hearing and to appeal the imposition of a volumetric penalty shall be included in the customer's water bill. (§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)

(a) Any person receiving notice of a violation of this chapter and the imposition of a civil penalty or volumetric penalty, shall have a right to a hearing by the City Manager or his/her authorized designee to appeal the imposition of any civil penalty. Any request for a hearing must be submitted to the City within fifteen (15) days of mailing or other delivery of the citation and complaint or water bill, as applicable. Additional documentation may be requested at the discretion of the City Manager or his/her authorized designee. (b) The timely written request for a hearing shall automatically stay installation of flow-restricting device on the premises where the violation occurred and imposition of the civil penalty or volumetric penalty until after the City Manager or his/her designee renders his or her decision. The hearing shall be held no sooner than thirty (30) days after the issuance of the citation and complaint or water bill, as applicable. (c) The decision of the City Manager or his/her designee shall be final and shall be memorialized in a final order. If the appeal is denied, then within ten (10) days after issuance of the final order, the person shall pay any civil penalty(ies) imposed by the City. (d) The provisions of Section 1094.5 of the Code of Civil Procedure of the State of California shall be applicable to judicial review of the final order.

(e) Non-payment of any civil penalty or volumetric imposed pursuant to this chapter shall be subject to the same remedies available to the City as for non-payment of basic water service fees. (§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)

In addition to any other remedies provided in this chapter or available under applicable law, the City may alternatively seek injunctive relief in the Superior Court or take enforcement action, including discontinuing or appropriately limiting water service to any customer, or installing a flow restricting device. All remedies provided herein shall be cumulative and not exclusive. (§ 2, Ord. 3027, eff. October 1, 2015, as amended by § 2, Ord. 3196, eff. December 7, 2021)

CHAPTER 8B: WATER SERVICES*

CHAPTER 8B: WATER SERVICES*

• Chapter 8B, incorporating §§ 6-8.50 through 6-8.61, amended in its entirety by § 6, Ord. 2785, eff. November 16,

6-8.45 Definitions 6-8.46 Rules and regulations 6-8.47 Tampering 6-8.48 Service connections outside city 6-8.49 Collection and payment 6-8.50 Disabled person's and senior citizen's discount 6-8.51 Service fees and charges 6-8.52 Water service 6-8.53 Reserved 6-8.54 Reserved 6-8.55 Water meters 6-8.56 Fire hydrants 6-8.57 Reserved 6-8.58 Reserved 6-8.59 Reserved 6-8.60 Emergency water regulations 6-8.61 Violations

For the purposes of this chapter, unless otherwise apparent from context, certain words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter. (a) “City” means the City of Ontario, California. (b) “City Council” means the City Council of the City of Ontario, California. (c) “City Manager” means the City Manager of the City of Ontario, or his or her authorized representative. (d) “Construction water” means the water, potable or recycled, used in conjunction with the building of a structure from conception to transfer of ownership, excluding landscape irrigation, or the water used for soil consolidation, dust control, and the like, during grading operations. (e) “Cost” means the monetary value of labor, material, material transportation, supervision, engineering, administration, and other necessary overhead expenses. (f) “Customer” means a person, firm, or corporation who is the recipient of water service from the City. (g) “Developer” means a person, firm, corporation, partnership, or association who desires water service which requires the installation of new, improved or expanded water service facilities for him or herself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not developers. (h) “Municipal Utilities Company” means the Municipal Utilities Company of the City of Ontario.

(i) "Service" or "water service" means the furnishing of water to a customer. (j) “Service connection” shall mean the water pipe, or pipes, and appurtenances installed by a developer to transport potable water from adjoining City facilities located within a public right-of-way or public utility easement to the developer’s parcel of land. Said service connections shall terminate at the customer side of the meter and meter box located at a specified place approved by the City. (k) “Utilities Customer Services Department” means the Utilities Customer Services Department of the Municipal Utilities Company. (l) “Utilities Customer Services Director” means the Director of the Utilities Customer Services Department of the Municipal Utilities Company, or his or her authorized representative. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 2, Ord. 2914, eff. January 1, 2010, and § 2, Ord. 2946, eff. January 6, 2012; § 2, Ord. 3251, eff. July 20, 2023, § 2, Ord. 3297, eff. March 18, 2025)

Rules and regulations explaining the procedures and methods of the Municipal Utilities Company in carrying out the provisions of this chapter shall be set forth and may be amended in the manner described in § 1-1.09 of this Code. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 3, Ord. 2946, eff. January 6, 2012, § 1, Ord. 3153, eff. January 21, 2020, § 2, Ord. 3297, eff. March 18, 2025)

No person except an employee or representative of the City shall at any time and in any manner operate the curb stops or valves or the main gates or valves of the City's water system, or interfere with meters or their connections, street mains, or other parts or facilities of the water system. (§ 6, Ord. 2785, eff. November 16, 2003, § 2, Ord. 3297, eff. March 18, 2025)

No additional customers outside the City shall be served or connected to the water system of the City, and no additional dwellings or customers shall be connected to existing service connections outside the City; provided, however, the City Council may by motion approve water service outside the City where the owners of land have signed a covenant running with the land that the land shall be annexed whenever possible, and the City Council finds that such annexation would be in the public interest, and the annexation might reasonably be completed within the foreseeable future. The City Council may, however, provide otherwise by written agreement with any city, county, or other governmental agency. (§ 6, Ord. 2785, eff. November 16, 2003, § 2, Ord. 3297, eff. March 18, 2025)

(a) Unified billing system. The City may use a unified billing system for City-furnished services. The charges for water, refuse, storm water abatement, and wastewater services may be billed on the water bill and collected as one (1) item. Failure to pay the amount due in full for any of the services may result in the discontinuation of water services as provided below. (b) Utility bill payment. Utility bills shall be due and payable to the Utilities Customer Services Department on the bill date to the customer of record. Any utility bill remaining unpaid eighteen (18) business days after such bill date

shall be deemed past due and a late charge and penalties will be applied as set forth in §§ 1-2.06 and 1-2.07 of the Municipal Code. Should a residential account remain unpaid for a period of sixty (60) calendar days from the past due date, water service to the property may be disconnected for nonpayment after the City provides notice pursuant to the City’s administrative policy on discontinuation of residential water service, described in subsection (c) below. Should a non-residential account remain unpaid from thirty (30) calendar days from the past due date, water service to the property may be disconnected for non-payment after mailed notice to the customer of record at least ten (10) calendar days prior to termination. Residential water customers may contest or appeal a bill in the manner described in the City’s adopted policy for discontinuation of residential water service. Non-residential customers may contest or appeal a bill using the same dispute and appeal procedures described in the policy for discontinuation of residential water service. (c) Disconnection of residential water service. The City Manager may adopt and amend a written administrative policy on discontinuation of residential water service for nonpayment pursuant to § 6-8.46, and such policy shall be available on the City's website. Such policy may include, but may not be limited to, supplementary provisions concerning billing procedures, discontinuation of service, notification procedures, restoration of service, procedures to contest or appeal a bill, extensions or other alternative payment arrangements, protections available to qualified low- income customers, procedures for becoming a customer of the City under specified circumstances, and related matters. To the extent a policy adopted pursuant to this section conflicts with any provisions of this chapter, this chapter shall control. Except as expressly provided in this section or the policy, the policy shall not apply to non-residential customers. (d) Water turn on/off. Once terminated, service shall not be turned on again except upon payment of all amounts due on the utility account, including all late charges and penalties, and the cost of making a service call to turn the water off and/or on. The fee to cover the cost of making a service call to turn the water off and/or on shall be set forth in an ordinance adopted by the City Council. Residential customers who demonstrate a household income below 200% of the federal poverty line may be eligible for reduced turn-on fees pursuant to applicable law and as further described in the City's policy on discontinuation of residential water service. (e) Customer liability. Failure to receive a bill shall not relieve the customer of liability. Any amount due shall be deemed a debt to the City, and is subject to the provisions set forth in §§ 1-2.06 and 1-2.07 of the Municipal Code. (f) Special bill rate. Special bills, split bills, any other irregular bills, or bills covering irregular billing periods, shall be calculated by the Municipal Utilities Company; provided, however, the adjusted rate so made shall be reasonable in accordance with the rate schedule set forth in this section. (g) Determination of minimum charges. For the purpose of determining minimum charges as set forth in this section, each separate meter connected to the water system shall be charged on individual readiness-to-serve meter fee and commodity charge. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 4, Ord. 2946, eff. January 6, 2012; § 3, Ord. 3251, eff. July 20, 2023, § 2, Ord. 3297, eff. March 18, 2025)

(a) Disabled person defined. A “disabled person,” for the purposes of this section, is an adult who has a mental or physical disability that, in the opinion of a licensed physician, renders him or her incapable of being gainfully employed. (b) Eligible household. An eligible household, for the purpose of this section, is a separately billed dwelling unit, which is (1) occupied by a person age sixty-five (65) or older, or by a disabled person, and (2) has annual gross household income at or below 200% of federal poverty level. The City may establish detailed qualifications and

requirements for demonstrating annual gross household income in a written administrative policy adopted pursuant to § 6-8.46. (c) Applications. Applications for an eligible household discount shall be submitted in writing to the Utilities Customer Services Director. The application shall be on a form provided by the Utilities Customer Services Director, shall be completed to show the information elicited by the form and shall be signed under penalty of perjury by the applicant. When the discount is sought based upon a disabled person, the application shall be accompanied by a physicians certificate stating that the person is a disabled person within the meaning of subsection (a) of this section. The Utilities Customer Services Director shall determine whether a household is an eligible household for the purpose of this section and his or her determination shall be final. (d) Discount. The charges for water, refuse and wastewater service provided to an eligible household, shall be discounted by an amount approved by the City Council pursuant to an ordinance or resolution. The discount shall be available only to customers with individually metered residential water service. The discount shall be in effect for a one (1) year period, which shall begin as determined by the City Council (e.g., upon approval of an individual application, upon the start of the following fiscal year, etc.). To renew the discount for an additional year, the customer must complete and return a renewal application to the City’s Utilities Customer Services Department. A renewal notice shall be mailed to the customer with the utilities bill at or before the end of each year of eligibility. The discount offered under this subsection is subject to City Council approval through the annual budget process and the availability of funds allocated to fund the discount. (e) Termination of eligibility. A household shall no longer be an eligible household if the Utilities Customer Services Department does not receive a renewal application, if any of the eligibility criteria set forth in subsection (b) above cease to exist, or if funds to provide the discount are unavailable pursuant to subsection (d). (§ 6, Ord. 2785, eff. November 16, 2003; § 5, Ord. 3251, eff. July 20, 2023, § 2, Ord. 3297, eff. March 18, 2025)

(a) Residential, non-residential, and private fire service water fees and charges. In addition to other fees, assessments, or charges provided by the Municipal Code or adopted by the City Council, the owner or occupant of any parcel of property for which no other water service fee or charge is provided, and which parcel of property is connected to the water system of the City, shall pay monthly water service fees and charges as established from time to time by resolution of the City Council. (b) Turning water supply on and off. No charge shall be made for shutting off and turning on water supply when requested by the customer for the closing of an old account or the beginning of a new one. When service has been discontinued due to non-payment of utility bills or for any infraction of the rules, the charges to restore water service shall be as listed above. The customer shall pay these charges, plus the amount of any outstanding bills, before service can be restored. (c) Construction water. All construction water shall be metered and charged. (d) Temporary service connection. Temporary service connections shall be subject to the fees and deposits as established from time to time by resolution of the City Council. All water delivered through a temporary service connection shall be metered and charged. (e) Water meter testing fee. Water meter testing fee shall be based on the actual costs of removal, testing and reinstallation of the meter. (f) Reserved. (g) Other water service work. This charge is based on actual time, travel and material cost based on the City’s burden of labor and overhead rates in effect at the time service is provided. (h) Reserved.

(i) Charges for agricultural use. Charges for usage of recycled water for agricultural service, where the agricultural use provides assignment of water production rights to the City, shall be determined by the Utilities General Manager; provided, however, such charges will be consistent with the most recent rate study and current rates charged by the Chino Basin Watermaster for replenishment assessments. (j) Charges for unmetered service. Unmetered usage of water and charges for unmetered usage of water shall be authorized by the Utilities General Manager prior to such usage; provided, however, such charges shall be reasonably in accordance with the charges established by resolution adopted by the City Council. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 5, Ord. 2806, eff. January 21, 2005, §§ 4, 5, 6 and 7, Ord. 2816, eff. December 1, 2005, § 2, Ord. 2880, eff. February 4, 2008, § 3, Ord. 2914, eff. January 1, 2010, § 2, Ord. 2974, eff. December 19, 2013, § 5, Ord. 3133, eff. July 5, 2019, § 2, Ord. 3297, eff. March 18, 2025, § 2, Ord. 3333, eff. May 21, 2026)

(a) Application for water service. Before water is turned on by the City for any purpose, the customer shall apply for new service, at least one (1) business day before desired date of service, in which he or she guarantees payment of future utility bills for the service requested. The customer applying for service shall be held responsible for said utility bills until the service is discontinued on the next business day after the City is notified to discontinue service. When such notice is not received by the City, the customer shall be required to pay for service until one (1) business day after the City has knowledge that the customer has vacated the premises or otherwise discontinued service. No tenant applying for residential utility services shall be required to pay any charges or penalties on account of non-payment of charges by a previous tenant. The City may require that tenants seeking to establish service provide a written lease or rental agreement along with signed authorization from the landlord or property owner to ensure that the tenant is authorized to occupy the property and initiate utility services; provided, however, that the City will not require that service to tenants be furnished on the account of the landlord or property owner unless the property owner voluntarily agrees to that requirement in writing by completing a consent form provided by the City. The City shall require an applicant for utility services or restoration of services after turn-off for a delinquent bill to make an advance payment equal to twice the estimated monthly bill for water, refuse and wastewater services, provided that no such advance payment shall be less than eighty dollars ($80.00). (b) Water used without application. A customer taking possession of premises and using water from an active service connection without having applied for utility services shall be held liable for the water delivered from the date of the last recorded meter reading. If the meter is found inoperative, then the quantity consumed shall be estimated. If proper application for utility services is not made upon notification to do so by the City, and if accumulated bills for services are not paid immediately, the services may be discontinued without further notice. (c) New service connection. For new, improved or expanded service connection, the customer shall submit an application in accordance with §§ 6-8.809 and 6-8.810 of Chapter 8D of Title 6 of the Municipal Code. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by §§ 8 and 9, Ord. 2816, eff. December 1, 2005, § 5, Ord. 2946, eff. January 6, 2012, § 3, Ord. 2974, eff. December 19, 2013, § 2, Ord. 3039, eff. March 3, 2016; § 6, Ord. 3251, eff. July 20, 2023, § 2, Ord. 3297, eff. March 18, 2025)

(a) Accuracy of meter questioned by consumer. When the consumer questions the accuracy of the water meter, the City Manager shall, upon request and payment of the water meter testing fee, cause an official test to be made. Meters are tested by certified testers contracted by the City. The meter shall be tested on variable rates of delivery and, if the average registration is more than three percent (3%) in excess of the actual quantity of water passing through the meter, another meter shall be substituted therefor. The City Manager shall refund to the consumer, in addition to the meter testing fee charged at the rate shown in § 6-8.51(e), the overcharge based upon the reading and billing for the current period preceding the test, unless it can be shown that the error was due to some cause for which the date can be fixed. In the latter case, the overcharge shall be computed back to and not beyond such time. (b) Non-registering meters. The City may bill the customer for water consumed while the meter was non- registering, but not to exceed a period of two (2) months, at the minimum monthly meter rate, or upon an estimate of the consumption based upon the customer’s prior use during the same season of the year, if conditions were similar, or upon an estimate based upon reasonable comparison with the use of other customers during the same period receiving the same class of service under similar circumstances and conditions. (c) Meter errors. When it is found that error in a meter is due to some cause, the date of which can be fixed, the overcharge or the undercharge shall be computed back to but not beyond such date, not to exceed the current statute of limitations law. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 7, Ord. 2946, eff. January 6, 2012, § 2, Ord. 3297, eff. March 18, 2025)

(a) Purpose of fire hydrants. Fire hydrants are provided for the sole purpose of extinguishing fires, and are to be opened and used only by the Fire Department and Municipal Utilities Company, or such other persons as are specifically authorized by the Municipal Utilities Company. To insure safety of fire hydrants for fire protection, any person or persons authorized by the Municipal Utilities Company to open fire hydrants shall 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 shall be sufficient cause to prohibit further use of the hydrants, and the refusal of subsequent authorization for use of the fire hydrants. Damage caused by the failure to comply with the above shall be repaired at the expense of the person(s) authorized. (b) Unlawful to take water without permit. It is unlawful for any person to take any water from any fire hydrant without a written permit, furnished upon application to the Municipal Utilities Company. Said application shall include a monthly permit fee and deposit equal to the replacement value of meter and backflow valve. Any person taking water from a hydrant without a permit shall be assumed to have taken water in the value of at least One Thousand Dollars ($1,000.00) and shall be charged for said amount. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 8, Ord. 2946, eff. January 6, 2012, § 2, Ord. 3297, eff. March 18, 2025)

(a) Unplanned interruption of water supply. In the event of an unplanned interruption of water supply causing a water shortage, the City Manager or his or her designee is authorized to restrict water use and apportion the available supply of water among its customers in the most equitable manner possible to continue service fairly and without discrimination, except that preference shall be given to such service as is essential to the public interest and to the preservation of life and health pursuant to § 6-8.22(b). (b) Notice of water shortage. A notice of a water shortage shall be published in a daily newspaper of general circulation within the City. Any restrictions on the use of water shall become effective immediately upon such publication pursuant to § 6-8.22(c). (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 10, Ord. 2946, eff. January 6, 2012, § 2, Ord. 3297, eff. March 18, 2025)

It shall be unlawful for any person to violate any provisions of this chapter, and persons violating said provisions shall be subject to Chapter 2 of Title 1 of the Municipal Code. (§ 6, Ord. 2785, eff. November 16, 2003, § 2, Ord. 3297, eff. March 18, 2025)

CHAPTER 8C: RECYCLED WATER USE

CHAPTER 8C: RECYCLED WATER USE

Article 1: General Provisions 6-8.701 Authority 6-8.702 Purpose 6-8.703 Goals 6-8.704 Policy 6-8.705 Priority 6-8.706 Administrator 6-8.707 Other applicable rules and codes 6-8.708 Severability Article 2: Definitions 6-8.709 Definitions Article 3: Area Served 6-8.710 Service area Article 4: General Requirements 6-8.711 Determination of recycled water use area 6-8.712 Authorized uses 6-8.713 Conditions of service 6-8.714 Recycled water service application 6-8.715 Recycled water use agreement 6-8.716 Rates, fees, charges and deposits 6-8.717 Construction water service 6-8.718 Size, location and installation of service line 6-8.719 Service connection limitations 6-8.720 Service pressure 6-8.721 Relocation of recycled water service lines Article 5: Protective Measures 6-8.722 Cross-connections 6-8.723 Other measures 6-8.724 Emergency connection to the recycled water system to the potable water system Article 6: Facilities Design and Construction 6-8.725 Facilities design 6-8.726 Offsite recycled water facilities 6-8.727 Onsite recycled water facilities 6-8.728 Construction Article 7: Facilities Operation 6-8.729 Offsite facilities 6-8.730 Onsite facilities 6-8.731 Monitoring and inspection 6-8.732 Maintenance responsibility 6-8.733 Meter testing

Article 8: Enforcement 6-8.734 Illegal connections, diversions, or tampering 6-8.735 Violations and enforcement

Recycled water use is regulated by the California State Water Resources Control Board (State Board) and the Regional Water Quality Control Board, Santa Ana Region (RWQCB). In accordance with waste discharge requirements for water reclamation projects, the RWQCB requires control mechanisms to regulate facilities distributing recycled water. The California Legislature has established a state policy encouraging the use of recycled water (California Water Code, Section 13510). Permission to use recycled water is based on Inland Empire Utilities Agency's ability to treat domestic wastewater in accordance with the Uniform Statewide Recycling Criteria under Title 22, Division 4, Chapter 3 of the California Code of Regulations. These regulations were adopted to ensure proper health protection and specify the treatment degree to meet the needs of the intended applications. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

The purpose of this chapter is to establish procedures, specifications, and limitations for the safe use and operation of recycled water facilities and systems within the City's service area, and adopt rules and regulations controlling such use and operation. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

The goals of this chapter are as follows: (a) Achieve conservation of potable water supplies by using recycled water for current and future demands. Recycled water uses may include: (1) Agricultural irrigation. (2) Commercial uses (including flushing toilets and urinals). (3) Construction use. (4) Industrial processes. (5) Landscape irrigation. (6) Landscape and/or recreational impoundments. (7) Wildlife habitat. (8) Groundwater recharge, as approved by the State Board and RWQCB. (b) Maintain recycled water quality through a stringent pretreatment program for industrial wastewater. (c) Prevent direct human consumption of recycled water through: (1) Adherence to all applicable rules and regulations. (2) Posting of warning signs by the user. (3) Cross-connection/backflow prevention program. (d) Control runoff of recycled water through monitoring of the installation and operation of all recycled water facilities and use areas.

(e) Monitor recycled water quality. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

It is the policy of the City that recycled water be used for any and all purposes approved by state regulations for recycled water use. Recycled water shall be the primary source of supply for commercial and industrial uses, whenever available and/or feasible. Use of potable water for commercial and industrial uses shall be contrary to City policy, shall not be considered the most beneficial use of a natural resource, and shall be avoided to the maximum extent feasible. If the City determines that recycled water service is feasible under §§ 6-8.710 and 6-8.711, the applicant, owner, or user will be required to use recycled water service. (a) The people of the State of California have a primary interest in the development of facilities to recycle water containing waste to supplement existing surface and underground water supplies and to assist in meeting the future water requirements of the state (California Water Code, Section 13510). Conservation of all available water resources requires the maximum reuse of recycled water for beneficial uses of water (California Water Code, Section 461). The State of California has declared that use of potable water for non-potable uses may be a waste or an unreasonable use where recycled water is available (California Government Code, Section 65602(e); California Water Code, Section 13550). (b) It is the policy of the City that recycled water shall be used within the jurisdiction of the City whenever and wherever: (1) There is not an alternative higher or better use for the recycled water; and (2) Such use is consistent with legal requirements, preservation of public health, safety and welfare of the public, and protection of the environment. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Connection to the City's recycled water system shall be provided on a first-come, first-served basis, as long as infrastructure and recycled water are available. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Except as otherwise provided herein, the City Manager shall administer, implement, and enforce the provisions of this chapter. The City Manager may, at his or her discretion, delegate any or all of these powers and duties. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Other guidelines, rules and regulations, ordinances, and specifications that may be applied by the Administrator to govern the use of recycled water within the City include:

(a) Rules and regulations that deal with backflow prevention, billing, deposits, penalties, delinquencies, and metering for potable water as established in Chapters 8A, 8C, 8D, and 8E of Title 6 of the Municipal Code. (b) Regional Recycled Water Distribution System Ordinance (Ordinance No. 69, Inland Empire Utilities Agency). (c) Water Reclamation (Title 22, Division 4 of the California Code of Regulations). (d) State Water Board’s Cross-Connection Control Policy Handbook (adopted December 19, 2023). (e) Guidelines for Distribution of Non- Potable Water (California-Nevada Section AWWA). (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

If any section, subsection, sentence, clause or phrase of this chapter establishing rules and regulations for the use of recycled water is for any reason found to be invalid or unconstitutional, such decision shall not affect the remaining portions of this chapter. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Article 2: Definitions

The terms used in this chapter shall have the following meanings: (a) "Agricultural use" shall mean water used for the production of crops and/or livestock. Agricultural uses include, but are not limited to, the growing of field and nursery crops, row crops, trees and vines, and the feeding of fowl and livestock. (b) "Air gap separation" or “AG” shall mean a physical vertical separation of at least two (2) times the effective pipe diameter between the free- flowing discharge end of a potable water supply pipeline and the flood level of an open or non- pressurized receiving vessel, and in no case less than one (1) inch. (c) "Applicant" shall mean any person, group, firm, partnership, corporation, association, or agency that applies for recycled water service. (d) "Approved use" shall mean an application of recycled water in a manner, and for a purpose, designated in a recycled water use agreement, and in compliance with applicable state and local rules and regulations. (e) "Approved use area" shall mean a site with well-defined boundaries designated in a recycled water use agreement in compliance with applicable state and local rules and regulations. (f) "As-built drawings" shall mean the record drawings that show the completed facilities as constructed or modified. (g) "Auxiliary water supply" shall mean a source of water, other than an approved water supply, that is either used or equipped, or can be equipped, to be used as a water supply and is located on the premises of, or available to, a customer. (h) "AWWA" shall mean the American Water Works Association. (i) "City Council" shall mean the City Council of the City of Ontario. (j) "City Manager" shall mean the chief administrative officer of the City of Ontario or his or her authorized designee. (k) "Commercial use" shall mean the water used for non-body contact such as toilets, urinals, decorative fountains, decorative indoor and outdoor landscape, and other uses approved by the City.

(l) "Construction water service" shall mean temporary recycled water service obtained from the City for construction purposes on any new facilities or structures. (m) "Cross-connection" shall mean any actual or potential connection or structural arrangement between a public water system, including a piping system connection to the City’s distribution system and located on the premises of a customer or available to the customer, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. (n) "Cross-Connection Control Policy Handbook” or “CCCPH” shall mean the State Water Board’s Cross- Connection Control Policy Handbook, which are standards and principles for California’s Public Water Systems. (o) "Direct beneficial use" shall mean the use of recycled water, which has been transported from the point of production to the point of use, without an intervening discharge to waters of the state. (p) "Discharge" shall mean any release or distribution of recycled water to a use area or disposal site/mechanism. Such discharges are subject to approval by the City. (q) "Divert" shall mean to change the intended course or path of recycled water into or out of the City's recycled water system without the authorization or consent of the City. Any unpermitted withdrawal of recycled water from the City's facilities is a "diversion." (r) "IEUA" shall mean the Inland Empire Utilities Agency. (s) "Industrial use" shall mean the water used for an industrial process such as rinsing, washing, cooling, flushing, circulation, or construction; and other uses approved by the City. (t) "Infiltration rate" shall mean the rate at which water penetrates the soil surface and enters the soil profile. (u) "Landscape irrigation" shall mean recycled water used for the propagation and maintenance of trees, shrubs, ground cover and turf used for erosion control and aesthetic value, not for resale or profit purposes. (v) "Letter of approval" shall mean a written formal letter issued by the State Board approving the use of recycled water at a premise. (w) "Non-potable water" shall mean water that has not been treated for, or is not acceptable for, human consumption, in conformance with federal, state and local water standards. Non-potable water includes recycled water. (x) "Offsite facilities" shall mean all existing or proposed facilities under the control of the IEUA or the City, from the source of supply to the point of connection with the customer's onsite facilities, up to and including the City's recycled water meter and meter box. Such facilities shall include, without limitation, recycled water transmission mains, recycled water pipes and reservoirs, pumping stations, treatment plants and other appurtenances and property. (y) "Onsite facilities" shall mean all existing or proposed facilities within property under the control of the customer, normally downstream of the City's recycled water meter and meter box. (z) "Onsite Recycled Water Supervisor" shall mean a qualified person designated by a recycled water user and approved by the City to be responsible for the safe and efficient operation of the user's recycled water system. This person shall be knowledgeable in the operation of the recycled water system and in the application of federal, state and local guidelines, criteria, standards, and rules and regulations governing the use of recycled water. (aa) "POC" shall mean the point of connection at the recycled water service meter. (bb) "Ponding" shall mean the retention of recycled water on the ground surface or human-made surface for a period of time following the cessation of an approved recycled water use activity, such that potential hazard to the public health may result, as determined by regulatory agencies. (cc) "Potable water" shall mean water furnished to the customer which meets applicable local, state and federal drinking water standards. (dd) "Recycled water" shall mean water, which as a result of treatment of wastewater, is suitable for direct beneficial use or a controlled use that otherwise would not occur. The treatment of wastewater is accomplished in

accordance with the Uniform Statewide Recycling Criteria set forth in Title 22, Division 4 of the California Code of Regulations. (ee) "Recycled water facilities" shall mean the systems and structures used in the treatment, storage, pumping, transmission and distribution of recycled water. (ff) "Recycled water system" means the publicly owned property involved in the distribution of recycled water within the City and any privately owned onsite facilities, including piping, pumps, reservoir, land, supply lines (main lines), fittings, and equipment related to such elements. (gg) "Recycled water use agreement" shall mean an agreement between the user and the City to use recycled water in compliance with all applicable rules and regulations. (hh) "Regulatory agency" shall mean any public entity legally constituted by federal, state and local statutes to protect health and water quality. (ii) “Runoff” shall mean the flow of water along natural or human-made surfaces away from the designated use area. (jj) "RWQCB" shall mean the California Regional Water Quality Control Board, Santa Ana Region. (kk) "Service" shall mean the delivery of recycled water to a user. (ll) "Service connection" shall mean City facilities between the City recycled water distribution system and the customer's meter, including, but not limited to, the meter, meter box, valves, and piping equipment. (mm) "Standard specifications" shall mean the specifications approved by the City for construction of recycled water facilities. (nn) "State Board" shall mean the California State Water Resources Control Board. (oo) "Tampering" shall mean the unauthorized entering, breaking, damaging, destroying, uncovering, defacing, rearranging, injuring, altering, or interference with any temporary or permanent structure (including any pipeline), equipment (including any pumps or backflow devices), or appurtenance owned by the City or that is part of the City's recycled water. Any unpermitted connection the City's facilities is "tampering." (pp) "Unauthorized discharge" shall mean any release of recycled water that violates any applicable federal, state, or local statutes, regulations, chapters, contracts, or other requirements. (qq) "Uniform Statewide Recycling Criteria" shall mean the criteria for treatment of recycled water established for the protection of public health and codified under Title 22, Division 4, Chapter 3 of the California Code of Regulations. (rr) "Use area" shall mean the specific area designated to be served with recycled water through onsite recycled water facilities. (ss) "User" shall mean any person, group, firm, partnership, corporation, association or agency accepting recycled water from the City's recycled water facilities for use in accordance with this chapter. "Applicant," "owner," or "customer" are terms that are to be considered as users. (tt) "Windblown spray" shall mean any dispersed, airborne particles of recycled water capable of being transmitted through the air to a location other than that for which the direct application of recycled water is approved. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Article 3: Area Served

The rules and regulations contained in this chapter apply to recycled water service to lands and/or improvements lying within the legal boundaries of the City, and to properties contiguous to the City under the same ownership as

abutting lands within the City or its designated service boundary. Recycled water service shall be provided to a specific service area when related distribution facilities are completed, and service becomes available. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Article 4: General Requirements

(a) General. (1) The City Council may adopt and periodically review the City's Recycled Water Master Plan and recommend where water service should be made with recycled water in place of potable water. The Master Plan shall be in accordance with all of the requirements of the State Board and the RWQCB, and shall encourage recycled water use. (2) If the City determines recycled water is available, or will be available within five (5) years, the City may request modifications to existing onsite water facilities and require construction of recycled water systems in new developments. (3) The City Council may enter into agreements with other municipalities and public entities to identify recycled water use service areas within the City and the jurisdiction of each entity. (4) The City may identify customers who are located within the City's service area, and within an area identified in the City's Recycled Water Master Plan as an area capable of receiving service from the City's recycled water system, and may determine the feasibility of providing recycled water service to identified users. (5) If the City determines recycled water service is feasible, applicants for new recycled water service must install onsite facilities to accommodate both potable water and recycled water in accordance with this chapter. (b) Existing potable water service. (1) The City may make determinations of areas where existing potable water use should be replaced with recycled water use. (2) The City shall provide notice of the determination to use recycled water to the current customer, explaining the reasons for recycled water use, procedures to facilitate recycled water use, and proposed conditions and schedule for the conversion. Partial or full conversion of existing customers to recycled water use may be mandated to the extent allowed or required by law. (3) A customer seeking to convert to recycled water service must submit an application for a letter of approval to the City for review, along with any required application fee. The City shall review the application for completeness and contact the customer regarding the potential provision of recycled water service and the City's recycled water use agreement. If the customer does not agree to the terms of the recycled water use agreement, or if the City determines that recycled water is not available for the proposed use, the City may, in its sole and absolute discretion, refuse to provide such service. (c) New recycled water service. (1) Upon submittal by applicant of a tentative map, land use permit, other proposed land development/land use, or request for recycled water service, the Administrator shall make preliminary determinations if recycled water service can be provided to the area in question. Based upon such determinations, use of recycled water and construction of recycled water distribution systems or other facilities, and the application for recycled water service, may be required as conditions of approval for any development application, in addition to any other conditions of the new industrial, commercial or residential development. (2) Upon submittal by applicant of a proposed alteration or remodeling of multi-family, commercial, or industrial structures which substantially increase a facility's area, volume or size, or upon request for recycled water service, the

Administrator shall make preliminary determinations if recycled water service can be provided to the area in question. Based upon such determinations, use of recycled water and construction of recycled water distribution systems or other facilities, and the application for such use, may be required as conditions of approval for any application, in addition to other conditions of approval for the alteration or remodel. (3) The Administrator may require the use of recycled water for approved uses and refuse or otherwise restrict potable water service when recycled water is available and approved for use. (4) Any recycled water supply assessments or verifications prepared by the City will not entitle the applicant's project to recycled water service, or to any right, priority, or allocation in any supply, capacity, or facility, or affect the City's obligation to provide service to its users or potential future users. In order to receive service, the applicant, owner, or user must meet all of the applicable requirements of this chapter. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 28, Ord. 2816, eff. December 1, 2005 and § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff March 18, 2025)

(a) Uses of recycled water include only those uses approved by the State Board and consistent with the Uniform Statewide Recycling Criteria under Title 22 of the California Code of Regulations. Each proposed use will be considered for approval by the City on a case-by-case basis, and the City may determine in its discretion whether it is feasible to furnish recycled water for the proposed use. The City's determination of feasibility will be based on the following factors: (1) Whether recycled water may be furnished for the intended use at a reasonable cost to the user and the City. (2) Whether recycled water use is in accordance with the standards of treatment and water quality requirements set forth in Title 22, Division 4, Chapter 3, of the California Code of Regulations and all other applicable federal, state, and local laws and regulations. (3) Whether the use of recycled water can be made in a manner not detrimental to public health. (b) Prior to approving such uses, the City may, in its discretion, set forth specific requirements as conditions to providing such services and/or require specific approval from the appropriate regulatory agencies. Prior to approval, the user must comply with the requirements established by this chapter and any other requirements imposed by the Inland Empire Utilities Agency, State Board, or any other regulatory agencies that have jurisdiction over such uses. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) Prior to obtaining recycled water service, the user must enter into a recycled water use agreement with the City. Recycled water use shall be subject to terms and conditions established in the agreement, and in accordance with this chapter and other applicable codes, rules, and regulations. If any of the conditions of service are not satisfied at all times, the recycled water use agreement may be revoked by the Administrator, after which all recycled water service shall cease. (b) The City shall not be liable for any damage by recycled water or resulting from: (1) Defective plumbing. (2) Broken or faulty services or recycled water mains. (3) Onsite facilities failures. (4) High or low pressure conditions. (5) Interruptions of service.

(6) Any inappropriate or illegal use or management practices. (c) All recycled water will be provided to the user in the conditions and quantity specified in the recycled water use agreement. (d) Recycled water use will not be subject to the same restrictions as potable water during drought conditions and will be supplied as available. (e) Recycled water service may be terminated whenever the quality of the recycled water does not comply with the requirements of the regulatory agencies, or at any time the provisions of this chapter, or the conditions specified in the recycled water use agreement, are violated. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) An application for a service connection must be made on a form furnished by the City. The applicant shall provide the City with the anticipated recycled water demand (maximum gallons per minute) and shall specify the size of the water meter that is desired; however, the City reserves the right to determine the ultimate size of the service connection and meter. The applicant shall also specify the property to be served. The information supplied by the applicant shall be considered as authoritative and final. If any error in such application shall cause installation of a service connection that is improper, either in size or location, the cost of all changes required shall be borne by the applicant. The steps for obtaining recycled water service are as follows: (1) The applicant completes and submits a recycled water service application, including existing facility "as- built" drawings or proposed facility plans as appropriate, description of where and how recycled water use is proposed, and any other information pertinent to the use of recycled water as requested by the Administrator. (2) An engineering report shall be prepared by a qualified engineer registered in California and experienced in the field of wastewater treatment, and submitted to the State Board for approval. The City or Inland Empire Utilities Agency may prepare the report on behalf of the user, provided that the user pays all costs associated with the preparation of the report. The engineering report shall be consistent with State Board guidelines. Pursuant to the Uniform Statewide Recycling Criteria under Title 22 of the California Code of Regulations, the engineering report shall include: (i) A description of the design of the proposed reclamation system. (ii) A means for compliance with Title 22 regulations and any other features specified by the State Board. (iii) A contingency plan which will assure that no untreated or inadequately treated wastewater will be delivered to the use area. (3) The City shall forward the completed engineering report to the State Board for review and approval. (4) The user and the City will address any concerns that the State Board may have regarding the engineering report and revise the report accordingly. (5) Upon the State Board's approval of the engineering report, the user may enter into a recycled water use agreement with the City. The user must enter into the agreement to begin recycled water service and pay any applicable fees. (6) The Administrator will schedule a start-up test of the onsite recycled water system to ensure that cross- connections do not exist. (7) Upon the successful completion of the test, the Administrator may authorize recycled water service to begin. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Every applicant agreeing to receive recycled water shall sign a recycled water use agreement (to be furnished by the City) and shall be subject to the following conditions: (a) The applicant shall pay any specified connection fees, service line charges and other charges, and adhere to the requirements prescribed by this chapter and any additional requirements required by other agencies governing recycled water use. (b) In order to maintain acceptable operating conditions throughout the recycled water system, the Administrator may schedule recycled water use for specific applications. Such scheduling may involve programming deliveries to different users and/or to various portions of a single user's onsite system. Any scheduling shall consider the operating constraints of the affected users. (c) The Administrator may temporarily terminate recycled water service at any time recycled water produced by the Inland Empire Utilities Agency does not meet the requirements of the regulatory agencies. Recycled water service would, in such case, be restored when the recycled water meets the governing requirements. (d) At a minimum, the recycled water use agreement shall include the following: (1) Names and addresses of the owner of the property and user(s) of the recycled water. (2) A statement that no changes in the proposed system will be undertaken without amending the agreement. (3) A statement that the applicant recognizes potential penalties for violation of this chapter and any regulatory agencies. (4) A copy of the State Board approved engineering report. (5) Specific quantity of recycled water to be used, including estimated average annual use in acre-feet, and the maximum gallons per minutes (GPM) needed at the point of connection (POC) as shown on the plans. (6) Approved uses. (7) A statement that the agreement shall be canceled or amended if: (i) A change of recycled water use occurs. (ii) A change in the piping system has been implemented without prior approval. (iii) A violation of these rules and regulations occurs and results in a system turn-off. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) All rates and fees regarding recycled water service and their administrative costs shall be established by the City Council and incorporated into Municipal Code Title 6, Chapter 8B. Any changes in fee and rate schedules shall be automatically adopted into this chapter. (b) Applicants for recycled water service shall pay their fair share for the construction of facilities needed to deliver recycled water to the applicant's property. All fees and estimated construction costs shall be paid prior to construction; however, the City may reimburse the applicant for a portion of the cost of such facilities as described in subsection (c) of this section. (c) Under certain circumstances, the City may contribute to the cost of designing and/or constructing the facilities needed to deliver recycled water to an applicant's property. Subject to the availability of funds, the City may: (1) Reimburse an applicant for costs incurred to install oversized facilities in the public right-of-way. (2) Elect to participate in or construct pipelines, reservoirs, pumping stations or other facilities, as the City determines necessary, and/or as funds are available.

(3) Elect to fund or construct recycled water facilities, necessary for converting existing customers from potable to recycled water, with customer reimbursement to the City in the form of an increased recycled water rate, not to exceed the potable rate, until such time as reimbursement is complete under the terms of the recycled water use agreement. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 29, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Persons desiring recycled water for construction purposes shall request a temporary water meter for connection to a City recycled water fire hydrant, and shall be subject to the fees and deposits as set forth in this chapter. It shall be the responsibility of the customer to identify the approximate location of the recycled water fire hydrant. The customer shall be responsible for any damage and repair to the meter while in the customer's possession. In the event that a meter is stolen, it will be at the City's sole discretion whether the deposit shall be forfeited. If a replacement meter is requested, a new deposit and application may be required for the replacement meter. All temporary water meters shall be installed by City staff and secured to the desired recycled water fire hydrant with a City-provided locking device. The meter shall remain at the City approved and designated location until such time as the customer requests it to be moved. The customer can request the meter to be relocated at a maximum number of four (4) times per billing period. Requests for removal or relocation will be accomplished the same working day, provided the request is made to the City prior to 1:00 p.m. of the day of the request. Any request made after 1:00 p.m. may be completed the following business day. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Recycled water service lines shall be extended by the property owner/developer to a curb line or property line of the customer's property, abutting on a public street, highway, road or City easement in which recycled water mains are installed. The size and location and/or type of recycled water service lines, service connections, meters, backflow protection devices, and any/all other appurtenances are subject to review and approval by the City. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Recycled water service shall be subject to the following conditions: (a) The City reserves the right to limit the area of land under one (1) ownership to be supplied by one (1) recycled water service connection and recycled water meter. (b) A recycled water service connection and its corresponding meter shall not be used to supply adjoining property of a different owner, or to supply property of the same owner across a road, street or other public right-of-way. (c) When a property provided with a recycled water connection and corresponding recycled water meter is subdivided, such connection and meter shall be considered as serving the lot or parcel of land it directly or first enters. Additional recycled water mains and/or recycled water service lines will be required for all subdivided areas in accordance with this chapter. (d) Private irrigation systems for homeowner's associations and other developments where landscaping around homes and in common areas are served with one (1) recycled water meter, shall not be allowed to cross public roads,

easements, or other public rights-of-way without City approval. (e) All recycled water used on any property where a meter is installed must pass through the meter. Customers shall be held responsible and charged for all recycled water passing through their meters. (f) Every recycled water service line shall be equipped with an angle curb stop on the inlet side of the meter; such angle curb stop being intended exclusively for the use of the City in controlling the recycled water supply through the recycled water service line. If the curb stop is damaged by the user's use to an extent requiring replacement, such replacement shall be at the user's expense. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18s, 2025)

Whenever possible, the recycled water system will operate at a slightly lower pressure than the potable water system. This will cause potable water to flow in the recycled water system in the event of a cross-connection. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 30, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Should a recycled water service line installed pursuant to the request of the applicant, owner, or user be of the wrong size, or installed at a wrong location or depth, then the cost of all changes requiredshall be paid for by the applicant, owner, or user. All recycled water services provided prior to final street improvements will be considered temporary and the costs for all repairs or changes required to be performed by the City must be paid by the applicant, owner, or user. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Article 5: Protective Measures

(a) Chapter 8E of Title 6 of the Municipal Code establishes the rules and regulations for the City’s active Cross- Connection Control Program (“Program”). Service is conditioned on the users adherence to the Program. The City has designated a Cross-Connection Control Coordinator (“Coordinator”) for the Program. When a request for recycled water service is initiated, the applicant must provide sufficient information, including plumbing and building plans, to enable the Administrator, Coordinator, and other regulatory agencies to determine the level of backflow protection required. The proper backflow protection, as determined by the Administrator, Coordinator, and other regulatory agencies, shall then be installed and tested according to Chapter 8E before recycled water service is provided. Users must make their premises open for inspection at all reasonable times in accordance with § 6-8.908 of Chapter 8E. (b) Any questions or notifications regarding these provisions or the program should be directed to the Coordinator or the Administrator, or his/her designee. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) Water meters used for recycled water service shall be tagged or color-coded purple, color Pantone 512 or 522, or otherwise distinguished as such per AWWA standards. These meters shall not be interchanged or used for potable water service after repairs and/or meter testing have been performed. (b) Where premises contain dual or multiple water systems and piping, the exposed portions of pipelines shall be painted, banded, or marked pursuant to § 6-8.725 at sufficient intervals to distinguish clearly water is that safe for drinking purposes and water that is not safe. All outlets intended for drinking purposes shall be plainly marked to indicate that fact. (c) For residences providing recycled water services, water outlets that serve non-potable water shall be marked with the words "Recycled Water - Do Not Drink." (d) Periodic inspection by the City of the recycled water facilities will determine if all identifying items are clearly discernable. If not, they shall be immediately replaced, repaired or refurbished as needed, by the user. These items include: (1) Warning tags. (2) Painted surfaces. (3) Warning tape. (4) Identification tape. (5) Covers, caps, signs. (6) Other items that indicate recycled water is being used. (e) To determine the existence of any cross-connections or backflow conditions into the potable water system, periodic testing by State Board approved methods will be performed by the Administrator and/or other regulatory agencies. (f) The State and County Health Departments, the Administrator, and the IEUA shall be kept informed by written document of the identity of the person responsible for the user's recycled water system on all premises concerned with these rules and regulations. At each authorized use area, an “Onsite” Recycled Water Supervisor shall be designated. This supervisor shall be responsible for: (1) The installation and use of all components of the onsite recycled water system(s). (2) Prevention of cross- connections. (3) Change in use of recycled water. (g) When the recycled water uses or conditions, as determined by the Administrator, Coordinator or other regulatory agencies, represent a clear and immediate hazard to the City's potable and/or recycled water supply that cannot be immediately removed or corrected, the Administrator shall terminate recycled water use. Section 6-8.920 of Chapter 8E establishes the conditions or uses that create a basis for termination. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

If the Administrator determines an emergency exists where all or parts of the recycled water system are unable to provide recycled water, the Administrator may approve an emergency temporary connection to the potable water system. Before such emergency temporary connection is made, the portion without recycled water shall be isolated by an air gap separation from the remainder of the recycled water system. This isolation shall occur at either individual services or on the offsite system, as determined by the Administrator. An approved backflow prevention device shall be installed on the potable water lines in accordance with this chapter and any and all applicable rules and regulations of the state and local health departments. The recycled water system shall be disinfected in accordance with Title 22 California Code of Regulations and AWWA C651 Standard prior to any use of potable water through the system. Before the emergency temporary connection or connections shall be removed, whether onsite or offsite, the user shall

notify the City's Municipal Utilities' Water Quality Programs Division. The emergency temporary connection shall be removed before connection to the recycled water system is re-established. Re-establishment of recycled water service must be inspected and approved by the Administrator prior to resuming delivery of recycled water. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Article 6: Facilities Design and Construction

(a) The design of offsite and onsite recycled water facilities, including the preparation of plans and construction specifications, shall be under the responsibility of an engineer registered in the State of California. The design of customer (onsite) facilities that will use recycled water, and preparations of plans and construction specifications, shall be stamped and signed by a State of California registered landscape architect or civil engineer, unless otherwise approved by the Administrator. (b) Before the Administrator grants final acceptance of any system using recycled water, as-built drawings of the system shall be provided. The installed system shall be tested in accordance with the City Standard Specifications to ensure that the system is in full compliance with applicable rules and regulations. (c) All offsite and onsite recycled water facilities shall be designed and constructed according to the requirements, conditions, and standards as adopted in the City Standard Specifications to ensure that the system is in full compliance with this chapter. Recycled water systems, both onsite and offsite, shall be separate and independent of any potable water systems. (d) Where the premises contain dual or multiple water systems, the exposed portions of pipelines shall be identified at sufficient intervals. (e) Areas irrigated with recycled water must be kept completely separated from domestic water wells and reservoirs. Recycled water shall not be applied or allowed to migrate to within fifty (50) feet of any well used for domestic supply. No impoundment of recycled water shall be located within one hundred (100) feet of any domestic water well, unless it can be demonstrated that special circumstances justify lesser distances to be acceptable. (f) Adequate means of notification shall be provided to inform the public, employees and others that recycled water is being used. Conspicuous signs with appropriate wording that can be clearly read should be placed at adequate intervals around the authorized use area. (1) Golf courses should print messages on score cards in a different color indicating recycled water is being used. Water hazards containing recycled water should be posted with appropriate signs. (2) Languages in addition to English should be used on signs where appropriate. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) Any offsite recycled water distribution facilities required to serve existing or new developments of the property within the City, as determined by the Administrator, shall be provided by the applicant, owner, or customer at their expense, unless the Administrator determines it is a City benefit to construct these capital facilities. (b) Plans and specifications for all recycled water distribution facilities shall be submitted to and approved by the Administrator, and other regulatory agencies, in advance of construction. (c) The City will assume responsibility for providing recycled water service to the point of connection of such development on transfer, to the City, of the title to all offsite recycled water systems and any necessary easements. All

easements shall be in a form acceptable to the Administrator, and not subject to outstanding obligations to relocate such facilities or any deeds of trust, except in instances where such is determined by the Administrator to be in the best interest of the City. (d) The City and the property owner or developer may enter into a reimbursement agreement for the portions of a recycled water system that are required to be oversized with capacity to supply more recycled water than the property owner or developer requires. The determination to enter into a reimbursement agreement, and the specific items that are the subject of reimbursement, will be made by the City. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) The user or the owner of the property shall be responsible for all costs associated with onsite recycled water facilities. (b) When City standards and specifications require a higher quality material, equipment, design or construction method than that required by other governing codes, rules and regulations, the City standards and specifications shall take precedence. (1) In areas where recycled water is not immediately available when the use area is ready for construction, and if the City has determined that recycled water will be supplied in the future, onsite facilities shall be designed to use recycled water. Provisions shall be made to allow for connection to the City's offsite recycled water facilities, when available. In the interim, potable or other suitable water may be supplied to the onsite facilities through an "interim service connection." (2) Conditions of interim service are: (i) The City anticipates recycled water will be available to the site within five (5) years of the time interim service is initiated. (ii) The user or the owner of the property must sign a recycled water use agreement. (iii) The user or the owner of the property must agree to perform or pay for all work necessary to remove the interim connection and make connections to the permanent recycled water system at the time the recycled water system is installed. (iv) An approved backflow prevention device is required on the interim service. The backflow prevention device shall be downstream of the meter and shall be a part of the onsite recycled water facilities. (v) Future recycled water users will pay for the following: (A) Cost of constructing and abandoning the interim service and cost of constructing the recycled water service. (B) Applicable recycled water fees at the time service becomes available. (C) Applicable interim water rates for the type of water delivered through the interim service. (vi) When recycled water is available to the site, an inspection of the onsite facilities will be conducted by the Administrator to verify that the facilities are still in compliance with the recycled water use agreement. Recycled water service shall be provided on verification of compliance. If the facilities are not in compliance, the Administrator shall notify the user to make any necessary corrections. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 32, Ord. 2816, eff. December 1, 2005 and § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) Construction of all new recycled water facilities will follow City standards and specifications and the American Water Works Association Construction Guidelines for Recycled Water Facilities. (b) Where it is planned that an existing non-recycled water system shall be converted to a recycled water facility, the facilities to be converted to recycled water shall be investigated in detail at the user's expense, to determine the measures required to bring the system into full compliance with this chapter. No existing potable water facilities shall be connected to or incorporated into the recycled water system without City and State Board approvals. (c) If, due to onsite failure of the recycled water system, the Administrator determines that it is necessary to convert onsite facilities from a recycled water supply to a potable water supply, a comprehensive investigation shall be performed by or for the City. (1) The facilities to be converted to recycled water use shall be investigated in detail, including review of any record drawings, preparation of required reports, and determinations by the City of measures necessary to bring the system into full compliance with this chapter for recycled water service. (2) No potable water facilities shall be connected to or incorporated in the recycled water system that have not been approved for recycled water service by the City. (d) It shall be the responsibility of the user to pay all costs for such conversion. Conversion costs may include, but are not limited to, the following: (1) Isolation of the recycled water supply. Service shall be removed and plugged at the City main or abandoned in a manner approved by the Administrator. (2) Installation of approved backflow prevention devices, as determined by the Administrator, on all potable and/or other water meter connections. (3) Removal of any/all special recycled water quick couplers. The user shall be responsible for replacement with quick couplers approved for potable water systems. (4) Notification to all onsite personnel involved. (5) Removal of all warning labels/signs. (6) Installation of any/all potable water facilities and payment of any associated capacity fees, as established in Title 6, Chapter 8B, of the Municipal Code. (7) System flushing, disinfecting, decontamination, and water quality analyses, as required by the City and/or other regulatory agencies. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Article 7: Facilities Operation

The City and/or the Inland Empire Utilities Agency shall be responsible for the operation, maintenance and surveillance of all offsite recycled water systems. This includes, but is not limited to, recycled water pipelines, valves, connections, storage facilities, and other related equipment and property up to and including the meter. Only the City and/or the Inland Empire Utilities Agency personnel and their representatives shall operate, adjust, change, alter, move or relocate any portion of their respective offsite recycled water facilities. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) General. (1) The operation, surveillance, repair, and maintenance of all customer recycled water facilities are the responsibility of the user and his or her designated Onsite Recycled Water Supervisor. (i) The Onsite Recycled Water Supervisor shall be responsible for the installation, operation, and maintenance of the onsite recycled water system, enforcing applicable requirements of the City's recycled water use agreement, preventing potential hazards related to such system, maintenance of the system plans in "as- built" form, and distribution of recycled water in accordance with applicable laws and permits held by the City. (2) The Administrator shall have the right to enter the user's premises to monitor and inspect all onsite recycled water facilities. Where necessary, keys and/or lock combinations shall be issued to the Administrator to provide such access during hours of recycled water system operation. (b) The Onsite Recycled Water Supervisor shall have the following responsibilities pertaining to operation of onsite facilities: (1) Ensure that all operations personnel are trained and familiarized with the use of recycled water. (2) Furnish all operations personnel with maintenance instructions, irrigation schedules, controller charts, and as- built drawings to ensure proper operation in accordance with the onsite facilities design and applicable rules and regulations. (3) Prepare and submit to the Administrator one (1) reproducible set of as-built drawings. (4) Notify the Administrator of all updates or proposed changes, modifications, or additions to the onsite facilities and operations for review and approval prior to construction or implementation. All updates and proposed changes shall comply with this chapter, the recycled water use agreement and any other applicable rules and regulations. (5) Ensure that the operation and maintenance of all recycled water facilities remain in accordance with this chapter, the recycled water use agreement and any other applicable rules and regulations. (6) Operate and control the system in order to prevent direct human consumption of recycled water and to control and limit runoff. The user or the owner of the property shall be responsible for any and all subsequent uses of the recycled water. Operation and control measures to be utilized in this regard shall include where appropriate, but are not limited to: (i) Minimizing discharge onto areas not under control of the user so as to minimize public contact. Full circle sprinklers shall not be used adjacent to sidewalks, roadways, and property lines in order to confine the discharge to the use area. (ii) Operating the onsite recycled water facilities during periods of minimal human use of the service area, and allowing a maximum dry-out time before the irrigated area will be used by the public. (iii) Providing adequate first aid kits on the premises, and promptly treating all cuts and abrasions to prevent infection. If infection is likely, a physician should be consulted. (iv) Taking any other precautionary measures to minimize direct contact with recycled water. User's employees, residents, and the public should not be subjected to recycled water sprays. (v) Applying recycled water at a rate that does not exceed the infiltration rate of the soil. Where varying soil types are present, the design and operation of the recycled water facilities shall be compatible with the lowest infiltration rate of the soils present. (vi) Reporting to the Administrator any/all failures in the recycled water system that cause an unauthorized discharge of recycled water. (vii) Protecting all drinking fountains located within the approved use area, by location and/or a structure from contact with recycled water to the maximum extent possible. Windblown spray, direct application through irrigation or other approved uses are considered sources of recycled water. Protection shall be by design, construction practice, or system operation.

(viii) Protecting facilities that may be used by the public, including but not limited to, eating surfaces and playground equipment located within the approved use areas, by locating seating and/or structures from contact with recycled water to the maximum extent possible. Windblown spray, direct contact by irrigation application, or other approved uses are considered sources of recycled water. Protection shall be by design, construction practice, or system operation. (c) The user shall enforce the following prohibitions: (1) Cross-connections, as defined by the Cross-Connection Control Policy Handbook, resulting from the use of recycled water or from the physical presence of a recycled water service, whether by design, construction practice, or system operation, are prohibited. (2) Discharge of recycled water for any purpose, in areas other than those specifically approved in the recycled water use agreement, and without the prior approval of the Administrator, is prohibited. (3) Use or installation of permanent hose bibs on any customer water system that presently operates or is designed to operate with recycled water is prohibited. (4) Conditions that directly or indirectly cause recycled water to pond either within or outside of the approved use area, whether by design, construction practice, or system operation are prohibited, unless designed specifically for ponding and approved by the Administrator. (5) Conditions that directly or indirectly cause runoff of recycled water onto areas outside of approved use areas, whether by design, construction practice, or system operation, are prohibited. (6) Use of recycled water for any purposes other than those specifically approved in the recycled water use agreement, and without the prior approval of the Administrator, is prohibited. (7) Conditions that directly or indirectly permit windblown spray to pass outside of the approved use area, whether by design, construction practice, or system operation, are prohibited. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) The Administrator will periodically monitor and inspect the entire recycled distribution facility, including both offsite and onsite facilities. The Administrator will conduct monitoring programs, maintain records as deemed necessary, inspect onsite facilities for compliance with applicable rules and regulations, and provide reports as requested by the State Board. For these purposes, the Administrator will have the right to enter the user's premises during hours of recycled water system operation to inspect onsite recycled water facilities and approved areas of recycled water use, to ensure compliance with this chapter and Chapter 8E, including the requirement that runoff be controlled and limited (§ 6-8.730(b)(6)) and the prohibition of cross-connections between potable water facilities and recycled water facilities (Chapter 8E). (b) The approved user shall be responsible for providing access to and cooperation with the City's Cross- Connection Control Specialist or designee so that the City's Cross-Connection Control Specialist or designee can perform periodic cross-connection tests, site inspections and backflow prevention device tests. Site inspections shall include pressure testing of the system(s) as well as a visual check of the entire system to verify that no cross- connections or unapproved connections exist. The approved user shall be responsible for correcting any work which violates the City's regulations, at the user's sole expense, including any costs associated with repair and re-testing the backflow prevention device should the backflow prevention device fail to pass the required test. (c) If the user or owner changes, the City's Cross-Connection Control Coordinator or designee will perform an inspection and test to verify compliance with this chapter and Chapter 8E.

(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) The user or owner is responsible for maintaining all onsite facilities that are under the ownership of parties other than the City. (b) No person shall place, dispose, deposit or permit the placement, disposal, or deposit of oil, toxic, hazardous or contaminated liquid or waste, trash, soil, building materials, or any other substances, objects, or obstructions in, on, or around meter boxes or other City facilities. No person shall allow or permit meter boxes or other City facilities from becoming obstructed or obscured by trees, shrubs, plants or in any other manner so as to impede their use or access or make their location difficult to determine. (c) If such substances, objects, or obstructions are not cleaned and removed, or are permitted to obscure or impede use or access to such facilities, the City may accomplish the cleaning and removal at the user's expense. The Administrator will provide reasonable notice to the user before assessing the charge. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

If a recycled water meter fails to register during any period or is known to register inaccurately, the owner or user shall be charged using a reasonable average daily consumption based on prior consumption or based on other reasonable calculations in the absence of historical consumption data. The City will examine and test the meter through which recycled water is being furnished or determine whether it is correctly registering the amount of recycled water being delivered. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Article 8: Enforcement

(a) Diversion and tampering are prohibited. (b) Diversion and tampering are crimes under the California Penal Code and are violations of the Water Code and the Civil Code. Diversion and tampering may be subject to charges and penalties, as well as referral to the District Attorney for criminal prosecution. All charges and penalties shall be applicable and collected in accordance with applicable laws and regulations. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Nothing in this chapter limits or restricts the City's general authority to enforce noncompliance of applicable rules and regulations. The City retains the right to enforce violations of this chapter in accordance with Chapter 1-5 or in accordance with any other legally authorized process, including but not limited to discontinuing service to any customer that commits a violation, infraction, or otherwise fails to comply with the Municipal Code, any amendments or additions thereto, and any adopted rules or regulations. Prior to the service disconnection, the City shall provide

notice to the customer where a violation, infraction, or otherwise noncompliance results, or is likely to result, in a dangerous or unsanitary condition on the customer's premises, or within the City's water system, and where disconnection of service is necessary to protect the City from fraud, imposition, loss or abuse. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

CHAPTER 8D: POTABLE WATER FACILITIES

CHAPTER 8D: POTABLE WATER FACILITIES

Article 1: General Provisions 6-8.800 Purpose and policy 6-8.801 Objectives 6-8.802 Severability Article 2: Definitions 6-8.803 Definitions Article 3: General Responsibilities 6-8.804 Applicant and developer responsibilities 6-8.805 Contractor responsibilities 6-8.806 City rights and responsibilities 6-8.807 Customer responsibilities Article 4: New Service Connection Requirements 6-8.808 Connection fees 6-8.809 New service connection 6-8.810 Application for new service connection 6-8.811 Conditions of service 6-8.812 No entitlement to service Article 5: Design and Construction 6-8.813 Water system design specifications and guidelines 6-8.814 Street sub-grade 6-8.815 Right-of-way and easements 6-8.816 Potable pipeline location 6-8.817 Fire hydrants 6-8.818 Water service lines 6-8.819 Service connections 6-8.820 Fire service connection 6-8.821 Automated meter reading devices 6-8.822 Backflow prevention assemblies 6-8.823 Service relocation 6-8.824 Temporary service connection Article 6: Monitoring and Inspection 6-8.825 Inspection 6-8.826 Pressure and leakage testing 6-8.827 Bacteriological sampling and testing 6-8.828 Shutdowns 6-8.829 Title of water facilities Article 7: Operation and Maintenance 6-8.830 Service connection maintained by Municipal Utilities Company 6-8.831 City right of ingress to and egress from customer’s property 6-8.832 City access

6-8.833 Obstruction of or deposit of material in meter boxes or hydrants 6-8.834 Quick-closing valves (or other devices) 6-8.835 Change in size of connection or meter 6-8.836 Emergency repairs Article 8: Violations 6-8.837 Violations

The purpose of this chapter is to set forth requirements and procedures for the design, construction, monitoring, inspection, and maintenance of potable water facilities, and enable the City to comply with all applicable state and federal laws and regulations. (§ 4, Ord. 3297, eff. March 18, 2025)

The objectives of this chapter are: (a) To establish the City’s rights and responsibilities regarding design, construction, inspection, operation, and maintenance of potable water facilities. (b) To establish roles and responsibilities of applicant, developer, contractor, and customer regarding design, construction, monitoring, inspection, and maintenance of potable water facilities. (§ 4, Ord. 3297, eff. March 18, 2025)

If any section, subsection, sentence, clause or phrase of this chapter establishing rules and regulations for the use of potable water is for any reason found to be invalid or unconstitutional, such decision shall not affect the remaining portions of this chapter. (§ 4, Ord. 3297, eff. March 18, 2025)

(a) “Applicant” shall mean any person, firm, corporation, association, or agency who desires to obtain water services from the City. (b) “Automated meter reading device” shall mean a specified device installed with metered services with new development and replacement meters that transmits meter read information electronically to a remote receiving device. (c) “Bacteriological test” shall mean a microbiological examination of water samples routinely taken on the public water system and on all newly constructed water facilities prior to City acceptance, to determine if the water from said potable water facilities meets sanitary quality standards for public consumption set by the California State Water Resources Control Board. (d) “CADD” shall mean Computer Aided Design and Drafting. (e) “City” shall mean the City of Ontario, California. (f) “City Council” shall mean the City Council of the City of Ontario, California. (g) “City Manager” shall mean the City Manager of the City of Ontario, or his or her authorized representative.

(h) “Contractor” shall mean any person who for himself or herself, in conjunction with, or by or through others, agrees to perform and does perform a construction contract and shall include: (1) Any person required to be licensed under the California Contractors’ State License Law, and any person contracting with the United States to perform a construction contract, whether such persons are formed or organized under the laws of this state, or another state or country; and (2) Subcontractors and specialty contractors and those engaged in such building trades as defined in the California Code of Regulations, Title 18, Section 1521. (i) “Customer” shall mean a person, firm, or corporation who is the recipient of water service from the City. (j) “DDW” shall mean California State Water Resources Control Board’s Division of Drinking Water. (k) “Design Development Guidelines and Specifications" shall mean the City’s most current published version for potable water system design and criteria. (l) “Developer” shall mean a person, firm, corporation, partnership, or association who desires water service which requires the installation of new, improved or expanded water service facilities for him or herself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not developers. (m) "Domestic service” shall mean the delivery of potable water through an authorized service connection designated primarily for potable and sanitation uses, and other associated uses. (n) “ELAP” shall mean the California Environmental Laboratory Accreditation Program. (o) “Engineer” shall mean the City Engineer of the City of Ontario, or his or her authorized representative. (p) “Fecal coliform” shall mean a subgroup of total coliforms and are associated with human and animal wastes. Escherichia coli is a fecal coliform species. (q) “Fire service” shall mean the standby and delivery of water through an authorized service connection designated exclusively for fire protection including automatic sprinklers and fire hydrants. (r) “Greenbook” shall mean the most current published edition of “Greenbook” Standard Specifications for Public Works Construction. (s) “Heterotrophic plate count” shall mean a procedure for estimating the number of culturable heterotrophic bacteria in water. (t) “IEUA” shall mean the Inland Empire Utilities Agency. (u) “Inspector” shall mean the City of Ontario’s Engineering Department’s Public Works Inspector. (v) “Municipal Utilities Company” shall mean the Municipal Utilities Company. (w) "NPDES” shall mean National Pollutant Discharge Elimination System. (x) “Operation and maintenance” shall mean the functions required to ensure continuous operations and viability of the City’s infrastructure. (y) “Service connection” shall mean the water pipe, or pipes, and appurtenances installed by the developer to transport potable water from adjoining City facilities located within a public right- of-way or public utility easement to the developer’s parcel of land. Said service connections shall terminate at the customer side of the meter and meter box located at a specified place approved by the City. (z) “Standard Drawings” shall mean the City’s Standard Drawings. (aa) "Subdivision” shall mean the division, by a developer, of any part of portion of a parcel of land, within the service area of the City, into two or more separate parcels or units for sale or lease for residential, commercial, or industrial purposes. (bb) “Total coliform” shall mean a coliform group consisting of several genera of bacteria that belong to the family Enterobacteriaceae that live in the intestines of warm-blooded animals, such as humans and animals. (cc) "Transmission facilities” shall mean any designated City facilities, and appurtenances, considered to be the backbone infrastructure that transports large quantities of water within the City to and from the storage facilities and

the City treatment/processing plants. Such facilities shall not be used as, nor be deemed to be, part of the on-site water facilities which are required for the connection and delivery of water service to a customer or developer. (dd) “Water facilities” shall mean any water mains, service connections, water service lines, meters, and appurtenances used for providing potable water service to any parcels of land or subdivision of said parcels of land, excluding designated transmission facilities. (ee) “Water Pipeline Construction Specifications” shall mean the City’s most current published version for constructing potable water facilities. (ff) “Water Pipeline Material Specification and Approved List” shall mean the City’s most current published version for materials used to construct potable water facilities. (§ 4, Ord. 3297, eff. March 18, 2025)

Article 3: General Responsibilities

(a) The applicant or developer shall be required to pay all applicable fees based on current rates approved by City Council. (b) The applicant or developer’s responsibilities shall generally include engineering, construction, sanitizing, and testing of water facilities in accordance with this chapter and subject to the Engineer’s and Inspector’s approval. Complete engineering shall be by a registered civil engineer and shall include submission of a full set of detailed improvement plans in electronic form of a scale acceptable to the Engineer, along with appropriate plan check and inspection fees. After all changes, modifications, and additions requested by the Engineer have been made on the improvement plans and have been approved, the applicant or developer shall furnish the Engineer a complete set of electronic improvement plans, which shall become the property of the City. In addition to furnishing the Engineer with a complete set of electronic improvement plans, the applicant or developer shall furnish an electronic file containing necessary data for producing CADD drawings in a format approved by the Engineer. (c) Any changes in installation from the improvement plans submitted pursuant to subsection (b) shall have prior written approval of the Engineer, and the applicant or developer shall furnish the Engineer a complete set of as-built plans before water service is established and provided. An electronic CADD file shall also be furnished for the as-built plans. (d) The applicant or developer shall have the required installation, chlorination, and sanitization of newly installed water facilities performed by a contractor that meets the licensing requirements in subsection (a) and (b) of § 6-8.805. (e) The applicant or developer shall ensure that the contractor installs water facilities in accordance with the City’s Design Development Guidelines and Specifications and Standard Drawings unless otherwise granted in writing by the Engineer. (f) The applicant or developer shall be responsible for relocating or reinstalling any existing water facilities installed in conflict with plans submitted pursuant to subsection (b) or (c). Relocation of water facilities shall be contingent upon the City approval of the plans, which are to be submitted by applicant or developer in a format as required by the Engineer. Under no circumstances may water facilities be relocated unless authorized by the Engineer in writing. (g) The applicant or developer is responsible for the abandonment of any existing facilities that, through the plan checking process, are deemed unnecessary or inadequate for usage by the new construction. Any abandonment will be done in accordance with the approved plans in conjunction with the construction of the new facilities or in a manner as directed by the Engineer. (h) The applicant or developer shall comply with any other requirement set forth in this chapter.

(§ 4, Ord. 3297, eff. March 18, 2025)

(a) The contractor shall possess a State of California Class “A” license issued by the Department of Motor Vehicles and a Class “C-34” or Class “C-12” license issued by the Contractors State License Board for the installation of newly installed systems. (b) The contractor shall possess a State of California Class “C-36” license issued by the Contractors State License Board for the chlorination and sanitization of newly installed systems. (c) The contractor shall at all times maintain and insure the integrity of newly constructed facilities, including but not limited to pipeline, appurtenance, and devices, during storage, transportation, and installation. Pipe shall be delivered and stored with factory provided end caps. Failure to maintain the integrity of newly constructed facilities through the demonstration of inspection and testing shall allow the City, at its sole discretion, to have the contractor remove, replace, retest, or reinspect at the contractor’s sole expense. (d) The contractor shall provide and maintain at all times during construction, ample means and devices with which to promptly remove and dispose of all water entering the excavations or other parts of the work. Ground or subsurface water shall not be allowed to rise around pipe installations until joining compound in the joints has set. The contractor shall dispose of the water and any other materials generated from the work site in a suitable manner without damage to adjacent property. No water shall be drained into work built or under construction. Water and any other materials generated from the work site shall be disposed of in such a manner that conforms to state and federal waste disposal laws. (e) At all times the contractor will coordinate all work with the City to minimize waterline shutdowns made pursuant to § 6-8.828. (f) The contractor shall have monitoring performed, in connection with chlorination and sanitization of newly installed systems, by a current certified California Water Distribution Operator and demonstrate formal training by a certified ELAP laboratory. All charges shall be borne by contractor. (g) The contractor shall disinfect pipelines, valves, hydrants, service laterals, fittings, tanks, and other surfaces exposed to water in accordance with AWWA C651. Sampling locations shall be in accordance with AWWA C651 and the DDW regulations. (h) The contractor shall dechlorinate and remove pollutants from water flushed from water mains in accordance with AWWA C655 and discharge requirements specified in the City’s Specifications and NPDES permits. (i) Prior to water service being established, the contractor shall complete and pass the hydrostatic pressure, leakage, and disinfection tests prior to connecting any new line to the existing pipe and mains. All tests shall be completed in the presence of the Inspector for recording. (j) The contractor shall comply with any other requirement set forth in this chapter. (§ 4, Ord. 3297, eff. March 18, 2025)

(a) The City is responsible for inspections made pursuant to Article 6 of this chapter. (b) The City reserves the right to install any water facility which will become the property of the City for maintenance and operation. (c) The City shall be responsible for the operation and surveillance of all of the City’s water facilities, including, but not limited to pipelines, treatment facilities, and appurtenances and property up to and including the City’s meter, shall be under the management and control of the City.

(d) No other persons except authorized City employees shall have any right to enter upon, inspect, operate, adjust, change, alter, move, or relocate any portion of the foregoing or any of the City’s property. In the event that such should occur, all charges and penalties shall be applicable and collected. Such action shall also be in violation of any and all applicable federal, state, and local statutes, ordinances, regulation, and other requirements. (§ 4, Ord. 3297, eff. March 18, 2025)

(a) Provision of water service includes a right-of-way on the customer’s property for the City to gain unobstructed access to the City’s water facilities (e.g., water meter box, fire hydrants, air release valves, etc.) at all times. (b) The customer is obligated to maintain unrestricted and visible access to the customer’s property for the safety of City personnel and to protect the City’s water facilities. (c) The customer shall comply with any other requirement set forth in this chapter. (§ 4, Ord. 3297, eff. March 18, 2025)

Article 4: New Service Connection Requirements

Connection fees applicable to all new, improved or expanded service connections will be established from time to time by the City and shall include any fees and/or rates established by IEUA through ordinance. (§ 4, Ord. 3297, eff. March 18, 2025)

An applicant shall submit an application for every new, improved or expanded service connection to the Engineering Department. The application shall be accompanied by payment of all appropriate fees. The fee for providing the meter shall include perpetual maintenance. (§ 4, Ord. 3297, eff. March 18, 2025)

(a) An applicant requesting service connection(s) for a subdivision, commercial, or industrial development shall submit an application to the Engineering Department. The application shall include, but not be limited to, the following information: (1) Name and address of applicant; (2) Legal description, location of service connection along the frontage of the property to be served; (3) Two (2) copies of tentative tract map, plot plan, or parcel map; (4) Meter size of service connection; (5) Fire flow requirements per Fire Department; (6) All other required City documents, such as business license; (7) Purpose for which service shall be used; and (8) Other information which City may reasonably require. (b) The information supplied by the applicant; the application shall be considered authoritative and final. If any error in such application shall cause installation of a service connection that is improper, either in size or location, the

cost of all changes required shall be borne solely by the applicant. Once the application for water service is completed and signed, all appropriate fees and charges are paid, a service connection is installed, a meter is set , and the water is turned on, the charge for water service shall begin. If water service is not required when the service connection is installed, the water meter shall not be installed and the angle curb stop or valve governing the supply will be left shut off and locked. When service is required, the applicant shall contact the City for water service. (§ 4, Ord. 3297, eff. March 18, 2025)

Applicants shall be required to accept and consent to such conditions of pressure and service as are provided by the distribution system at the location of the proposed service connection, and to hold the City harmless for any damages arising out of low pressure, high pressure, fluctuations in pressure, or interruption of service. (§ 4, Ord. 3297, eff. March 18, 2025)

Any water supply assessment or verifications prepared by the City will not entitle the applicant’s project to water service or to any right, priority, or allocation in any supply, capacity, or facility, or affect the City’s obligation to provide service to its customers or potential future customers. In order to receive service, the applicant must meet all of the applicable requirements of this chapter. (§ 4, Ord. 3297, eff. March 18, 2025)

Article 5: Design and Construction

(a) (1) The water system shall be designed and constructed in accordance with criteria described in the most current City of Ontario “Water Master Plan” and other City published design guidelines, specifications, and standards including but not limited to: (i) Cross-Connection Control Program, Chapter 8E of Title 6 of the Municipal Code; (ii) Design Development Guidelines and Specifications; (iii) Standard Drawings; (iv) Water Master Plan; (v) Water Pipeline Construction Specifications; and (vi) Water Pipeline Material Specification and Approved List. (2) Design elements include but are not limited to system layout and pipeline locations, demand and usage, pipe sizing, valving, pressure regulating facilities, air/vacuum release valves, fire hydrants, blow-off appurtenances, service laterals, corrosivity, and tracer wires. (b) In addition to subsection (a), design and construction of the water system shall meet the applicable requirements and specifications described in following documents: (1) This chapter; (2) DDW Waterworks Standards Main Separation, California Code of Regulations Title 22, Section 64572; (3) California Fire Code, as it exists or may be amended, for the purposes of fire hydrant location and frequency; (4) Greenbook; and

(5) Any other requirement or specification the Engineer deems reasonably necessary to ensure compliance with state and federal laws and the reliability and safety of the City’s water system. (§ 4, Ord. 3297, eff. March 18, 2025)

If recently installed mains and services are required to be removed, relocated or adjusted to grade as a result of changes requested by the developer or, because of incorrect survey information as to the grade of curbs and street, location of property lines or other utilities, etc., all expenses incurred by making said changes shall be borne solely by the developer. For newly surfaced streets, all trench restoration and resurfacing charges shall be paid by the developer and subject to City street moratorium requirements. (§ 4, Ord. 3297, eff. March 18, 2025)

Unless otherwise granted in writing by the Engineer: (a) No public utilities shall be installed in any street or other location not formally dedicated for such use, except by consent of the property owner and the City. Such consent shall be prepared by the developer, reviewed and approved by the Engineer, in an approved easement deed format provided by the City, and recorded in favor of the City. (b) Within a utility easement, water main separations shall adhere to the California Code of Regulations, Section 64572. Additional minimum separations shall be met for each utility and adhere to this chapter. (§ 4, Ord. 3297, eff. March 18, 2025)

Crossing of non-potable lines shall adhere to DDW Waterworks Standards Main Separation requirements as contained in California Code of Regulations, Title 22, Section 64572. If minimum clearance cannot be achieved, a separation waiver request shall be completed and submitted to the Municipal Utilities Company. The Municipal Utilities Company shall review and if in concurrence, submit the request to DDW for state review and approval pursuant to California Code of Regulations, Title 22, Section 64511.100. (§ 4, Ord. 3297, eff. March 18, 2025)

All fire hydrants shall be installed at a frequency and distance that is consistent with Appendix C and CC of California Fire Code. Fire hydrants shall be installed with a minimum separation of five (5)-feet from any driveway, street light, power pole, sign, fence, wall, or other development that may obstruct access. (§ 4, Ord. 3297, eff. March 18, 2025)

(a) Service connections shall be installed to the curb or street right-of-way line as determined by the Engineer. The property to be served shall front on or be adjacent to a dedicated public right-of-way wherein the City maintains or can install a standard potable water main.

(b) The developer or applicant shall determine the size of service connections and meters and their location with respect to the boundaries of the premises to be served prior to issuance of building or plumbing permits by the City. (c) Notwithstanding subsection (b), the City may determine the size of the water service lines, the service connections, and the meters. (d) The City shall determine type and size of backflow protection devices for potable water service, in accordance with Chapter 8E of Title 6 of the Municipal Code, and any and all other appurtenances to the service. (e) The water service line(s) shall be installed to a curb line of the customer’s property, or if no curb, to the customer’s property line, abutting upon a public street, highway, alley, easement, lane, or road (other than a freeway) in which are installed water mains of the City. Water service line(s) should not be done until the exact location of the service connection has been approved by the Engineer. (§ 4, Ord. 3297, eff. March 18, 2025)

Unless otherwise granted in writing by the Engineer: (a) Each residence and/building, excepting condominium and townhouse projects under separate ownership shall must be provided with a single and separate service connection and water meter except under special conditions as determined by the City. (b) Two (2) or more dwellings or buildings under one (1) ownership and on the same lot or parcel of land shall have separate service connections for each dwelling or building. A separate landscape irrigation meter is required for a property under the conditions described in Chapter 7, Chapter 8A, or Chapter 8C of Title 6 of the Municipal Code. (c) The customer’s pipe which connects to the outlet side of the meter shall not be installed until the service connection is completed. If the applicant or developer’s pipe is installed to the outlet side of the meter before the service connection is installed and its location does not correspond with the service connection specified on the application form and improvement plans, then the applicant or developer shall pay the additional cost for completing the service connection from the water main to the outlet side of the meter. The service connection and all equipment appurtenant thereto, including the meter and meter box, shall be the sole property of the City, and no part of the cost thereof shall be refunded to the applicant or developer. (d) The Engineer reserves the right to limit the number of houses or buildings, such as apartments, or the area of land under one (1) ownership to be supplied by one (1) service connection and water meter. (e) The Engineer may limit the number of service connections to any residential or other project whether under separate or multiple ownership. (f) A service connection and water meter must not be used to supply adjoining property of a different owner, or to supply property of the same owner across a street, or alley. (g) No service connection shall be installed on the public or private side of any service lateral that is intended to service joint or adjacent parcels of land. (h) When property provided with a service connection and water meter is subdivided, that connection and meter will be considered as serving the lot or parcel of land that it directly or first enters. Additional water mains and/or service lines will be required for all subdivided areas in accordance with this chapter. (i) Every service connection will be equipped with an angle curb stop, or valve, on the inlet side of the meter; that angle curb stop, or valve, is intended exclusively for the use of the City in controlling the water supply through the water service line. If the angle curb stop, or valve, is for any reason damaged by the customer’s use to an extent requiring replacement, the City shall have the right to charge the customer for the cost to replace or repair such angle curb stop, or valve.

(j) The City, at its option, may allow connection to the City’s water system by persons outside the City limits. Said connection is at the discretion of the City and may be disconnected upon thirty (30) days’ notice. (§ 4, Ord. 3297, eff. March 18, 2025)

(a) The valve controlling water flow to the service connection shall be closed when a fire service connection is installed and remain so until a written order is received from the owner or lessee of the premises to have the water turned on. After the water is turned on, the City shall not be held liable for damages of any kind whatsoever that may occur on or to the premises serviced as a result of the installation, maintenance, or use of such service connection, or because of fluctuation of pressure, or interruption of supply. (b) If water is used through a fire service connection for any other purpose than extinguishing of fires or conducting annual testing of the fire system, the City Manager shall have the right to require a meter on the fire service connection at the owner’s expense or shut off the entire water supply for such premises. Upon the installation of such a meter, the established water rates then in effect for water services shall apply and be imposed for any water service provided to the property. (c) The City shall have the right to take a domestic, commercial, or industrial service connection from the fire service connection at the curb to supply the same premises as that to which the fire service connection belongs. The Engineer shall have the right to determine the proportion of the installation costs properly chargeable to each service connection if such segregation of costs becomes necessary. The established water rates then in effect for water services shall apply and be imposed for any water service provided to the property. (d) The Engineer shall require the installation on all fire service connections, a backflow prevention assembly device as determined in Chapter 8E of Title 6 of the Municipal Code. (§ 4, Ord. 3297, eff. March 18, 2025)

(a) All new developments shall utilize automated meter reading devices as the standard meter for all new metered services. The cost of the installation for these devices shall be paid and borne solely by the applicant or developer at a cost established from time to time by the City. The City reserves the right to make an installation on the basis of actual cost. (b) The City shall test each meter prior to installation. (c) The Municipal Utilities Company shall set all meters after acceptance of the installation by the Engineer, and application for service in accordance with Chapter 8B of Title 6 of the Municipal Code. (§ 4, Ord. 3297, eff. March 18, 2025)

(a) An applicant must provide sufficient information, including plumbing and building plans, to enable the City to determine the level of backflow prevention required. The proper backflow protection, as determined by the City, shall be installed, and inspected before water service is provided. (b) Backflow protection assemblies shall be installed in accordance with the City’s standard drawings and Chapter 8E of Title 6 of the Municipal Code. (§ 4, Ord. 3297, eff. March 18, 2025)

(a) The City reserves the right to relocate or modify the existing service connection, at any time, upon notification to the consumer. (b) Whenever service connections, meters, fire hydrants, or other appurtenances are requested to be moved by a customer, the charges for such service relocation shall be borne and solely paid by the customer at the actual cost. (§ 4, Ord. 3297, eff. March 18, 2025)

(a) An applicant shall submit an application for temporary service to a property to the Engineer for his or her review and recommendation. Before any temporary service shall be installed, the applicant shall agree to the following: (1) Pay the cost of the temporary service connection, appropriate deposit, and the cost of all water delivered to the property; (2) Not to provide water for or to any other property; (3) Pay appropriate charges for a permanent service connection for the property when a water main is available and the cost, if any, for removal of the temporary service connection; (4) All temporary service connections shall be limited to six (6) months unless an extension is granted by the City Manager; (5) The applicant or contractor shall be held responsible for loss or damage to the meter from the time it is installed until it is removed, or until 48 hours after notice in writing has been given to the City that the contractor or other person is finished using the meter. In the event that a meter is stolen, it will be at the City's sole discretion whether the deposit shall be forfeited. If a replacement meter is requested, a new deposit and application may be required for the replacement meter; (6) Flows through a three (3)-inch or larger temporary service fire hydrant meter shall be limited to a maximum of 330 gallons per minute, unless otherwise authorized in writing at the time of application. Any deliberate attempt on the part of the applicant or user to increase the flow is just cause for the City to discontinue service; (7) The City reserves the right to interrupt service without notice if such usage is causing pressure in the system to drop below an acceptable range; (8) Each temporary service customer shall make every attempt to maintain a constant flow through the meter. To achieve this requirement, the customer may be required to provide and install a storage facility (construction tank, small interim reservoir, etc.) at the sole expense of the customer, approved by the City, in conjunction with the meter; and (9) When using fire hydrants for temporary service connections, no more than one outlet per hydrant shall be used for this purpose and shall be accompanied by a tested and properly functioning backflow prevention assembly in accordance with Chapter 8E of Title 6 of the Municipal Code. (b) Temporary service connections are primarily installed for the convenience and use of contractors during construction work. (c) All meters for temporary service connections shall be installed by the City and secured to the desired fire hydrant with a City locking device and lock. These meters shall remain at this location until such time the responsible person requests it to be moved or removed pursuant to § 6-8.223. (§ 4, Ord. 3297, eff. March 18, 2025)

Article 6: Monitoring and Inspection

(a) The City Inspector shall inspect all facilities installed by the contractor to insure compliance with the improvement plans, design specifications and requirements as described in § 6-8.813. (b) Upon completion of the installation and backfill of newly installed systems, and prior to filling the pipeline with water for the pressure test, the contractor shall notify the City that the pipeline system is ready for video inspection. Said notification shall be made at least three (3) working days in advance of the actual video inspection date. The video inspection will be made by a video inspection company approved by the City shall be made in the presence of the City’s Inspector. (1) The video inspection company shall provide the City with the color DVD or electronic video file and a written report detailing the condition of the interior of the mainline and joints. Subsequent to review of the video file and report by the City, the City will notify the contractor within three (3) business days that they may then proceed with the filling, testing, and disinfection of the pipeline; or the City will provide a list of corrective measures that must occur prior to acceptance. (2) Should remedial activities be necessary, the reconstruction methodology shall be approved by the City prior to commencement of the work. Upon completion of the remedial construction, the contractor shall once again notify the City that the newly installed systems are ready for a video inspection. The City reserves the right to re-video any portions of the water system they determine may have been affected by the reconstruction work activities. (§ 4, Ord. 3297, eff. March 18, 2025)

(a) A minimum four (4)-hour hydrostatic pressure test shall be performed and successfully completed in accordance with AWWA C600 or C605. (b) The contractor shall apply test pressures at an approved outlet or fitting located within five (5) feet vertically of the lowest point of each pipe section to be tested and securely plug such fittings. Where air valves or other suitable outlets are unavailable, the contractor shall provide approved taps and fittings for air release, and securely plug these. (c) Flushing of mains with water at a velocity of at least two and one-half (2.5) feet per second over its entire length shall be performed using an eccentric reducer. Velocity through outlets and fittings shall not exceed twenty five (25) feet per second during flushing. (d) Leakage shall be computed as the total quantity of water pumped into the pipeline during the test period, including water added to reach the specified test pressure for the final time. Leakage shall not exceed the rate specified for the type of pipe tested. The contractor shall repeat the testing until the leakage does not exceed the specified leakage rate. The contractor shall repair all visible leaks regardless of the amount of leakage at their sole expense. All tests shall be completed in the presence of the City Inspector who shall record the results. (§ 4, Ord. 3297, eff. March 18, 2025)

(a) Prior to bacteriological tests, an application for shutdown must be submitted pursuant to § 6-8.828. (b) Bacteriological tests shall be analyzed by a certified ELAP laboratory with approved fields of testing for said matrix.

(c) Passing bacteriological tests on two (2) consecutive days shall be achieved prior to connecting the pipeline to the existing water system or placing the pipeline into service. Satisfactory bacteriological results shall conform to the following: (1) No total or fecal coliform. (2) A heterotrophic plate count less than 200 colony-forming units (CFU) per milliliter (ml). (3) Presence of chlorine residual at or below a concentration that does not interfere with the bacteriological testing and compromise the results. (d) If the initial chlorination fails to produce two (2) consecutive days of passing bacteriological tests, chlorination shall be repeated until two (2) consecutive days of passing bacteriological tests are achieved. (1) If the third attempt fails to obtain two (2) consecutive days of passing bacteriological test, then the City reserves the right, and at the sole expense of the contractor, to have the contractor clean the newly installed pipeline using a high-velocity flow that produces a neutral output discharge or other technology that removes excessive dirt or debris that has entered in the new installation that conforms to water conversation and NPDES requirements. (e) Laboratory reports shall be furnished upon issuance to the City and shall include, but not be limited to chain of custody, lab work sheet or summary letter imprinted with the laboratory’s name, address, and phone number. The report shall specify the field tests, laboratory analysis and results, and shall be signed by the laboratory director. The Engineer may require that laboratory reports be accompanied with any other form or document to ensure compliance with this section. (§ 4, Ord. 3297, eff. March 18, 2025)

(a) Shutdown of the City’s in service potable lines shall be requested through an application. Said application shall be submitted to the City ten (10) working days before the first bacteriological test begins. (b) Shutdowns are generally performed during Monday through Thursday between 9:00 a.m. and 4:00 p.m., unless granted in writing by the Engineer. (c) The Inspector shall sign off the application when all bacteriological testing has passed, and results are accepted by the City. (d) After all bacteriological tests have passed, the contractor or developer shall have ten working days to perform the shutdown. If there is failure to perform the shutdown within the ten working day window, bacteriological testing shall be performed once to insure pipeline sterility has been maintained. (e) Water will be turned on when pipeline has passed all bacteriological testing. There are no exceptions. (f) For non-steel pipelines, sixteen (16)- inches or less, the maximum time allowed is six (6) hours unless granted in writing by the Engineer. (§ 4, Ord. 3297, eff. March 18, 2025)

Title to all water facilities, whether installed by the City or a developer, shall be vested in the City upon completion of all work, testing, chlorination, inspection and acceptance for use. (§ 4, Ord. 3297, eff. March 18, 2025)

Article 7: Operation and Maintenance

(a) The Municipal Utilities Company shall maintain the service connection extending from the water main to the meter. The applicant shall install and maintain all pipes and fixtures extending or lying on the outlet side of the meter, excluding a City provided shutoff valve, twelve (12)-inch brass nipple and coupling. The Municipal Utilities Company shall set and maintain a meter on each service connection and the customer or owner shall be held liable for any damage to the meter due to his or her negligence. Every service connection shall be equipped with an angle curb stop, or valve, on the inlet side of the meter. Such valve or angle curb stop is intended for the exclusive use of the Municipal Utilities Company to control the water supply through a service connection. If the angle curb stop, or valve, is damaged due to the customer or owners use or negligence, the customer or owner shall be liable for replacement costs. (b) The City assumes no responsibility for the maintenance and operation of a customer’s water system beyond the service connection and point of ownership by the City. All plumbing, water piping, fixtures, connections, devices and related appurtenances beyond the service connection, and beyond the City’s point of ownership, shall be maintained by the customer in “good standing condition.” (§ 4, Ord. 3297, eff. March 18, 2025)

The City shall have the right of ingress to and egress from the customer’s property during reasonable hours for any purpose reasonably related to the furnishing of water services and the exercise of any and all rights secured to it by law or these rules, including inspection of the customer’s piping and equipment for compliance with the Municipal Code and these rules. (§ 4, Ord. 3297, eff. March 18, 2025)

A customer shall provide and maintain reasonable access for City representatives to all service connections, meters, backflow prevention devices, or other facilities pertinent to water service installed on his or her premises. (§ 4, Ord. 3297, eff. March 18, 2025)

(a) No person shall place, dispose, or deposit or permit the placement, disposal or deposit of oil, toxic, hazardous or contaminated liquid or waste, trash, dirt, building materials or other substances, objects or obstructions in, on or around meter boxes, and it shall be the responsibility of each applicant, owner, or customer to prevent meter boxes, City hydrants or other City facilities from becoming obstructed or obscured by such applicant, owner, or customer’s trees, shrubs, plants or in any other manner so as to impede their use or access to them or make their location difficult to determine. (b) The City shall not be held responsible nor liable for any damage or cost for the replacement or repair of any ground cover and/or plants, shrubs, or other obstructions, which may be removed or damaged while City personnel are using the right-of- way or easements. (c) If such substances, objects or obstructions are not cleaned and removed or are permitted to obscure or impede such facilities, the City may, after providing reasonable notice to the applicant, developer, customer, or owner accomplish the cleaning and removal and charge the applicant, developer, customer, or owner for the cost of doing so. (d) The applicant, developer, customer, or owner’s failure to comply with the clearance and right-of-way obligations set forth in this chapter shall be deemed a violation of the chapter and termination of service. (§ 4, Ord. 3297, eff. March 18, 2025)

No person shall not install any quick-closing valves or other equipment or device which shall cause excessive pressure surges in the City water system without prior written approval by the Engineer. (§ 4, Ord. 3297, eff. March 18, 2025)

Where a change or size increase of an existing service connection or meter is requested by a customer, the charges shall be the same as for a new service and any fees not previously paid shall be required. (§ 4, Ord. 3297, eff. March 18, 2025)

The City shall not accept any responsibility for the maintenance of pressure and reserves the right to discontinue service while making emergency repairs, and the like. Customers depending upon a continuous supply should provide emergency storage. (§ 4, Ord. 3297, eff. March 18, 2025)

Article 8: Violations

It shall be unlawful for any person to violate any provisions of this chapter, and persons violating said provisions shall be subject to any of the following acts: (a) Denial of an application; (b) Termination of service; and (c) Penalties pursuant to Chapter 2 of Title 1 of the Municipal Code. (§ 4, Ord. 3297, eff. March 18, 2025)

CHAPTER 8E: CROSS-CONNECTION CONTROL

CHAPTER 8E: CROSS-CONNECTION CONTROL

Article 1: General Provisions 6-8.900 Purpose 6-8.901 Applicability 6-8.902 Cross-Connection Control Coordinator 6-8.903 Other applicable rules and regulations 6-8.904 Severability Article 2: Definitions 6-8.905 Definitions Article 3: Protection Requirements 6-8.906 Backflow and unauthorized connections prohibited 6-8.907 Backflow installation 6-8.908 Entry and inspection 6-8.909 Backflow prevention assembly type 6-8.910 Where protection is required 6-8.911 Type of protection required Article 4: Inspection, Testing, and Maintenance Requirements 6-8.912 Inspection and testing of protective assemblies 6-8.913 Maintenance of backflow prevention assemblies 6-8.914 Replacement of protective assemblies Article 5: Notifications 6-8.915 Annual backflow testing notifications 6-8.916 Notice to install 6-8.917 Notice of violation Article 6: Reporting Requirements 6-8.918 Reporting backflow test results 6-8.919 Reporting of pollution or contamination Article 7: Administrative Remedies 6-8.920 Water service termination

(a) The purpose of this chapter is to protect the City’s potable water supply against actual or potential cross- connections from private on-site systems by isolating on-premises contamination or pollution that may occur due to undiscovered or unauthorized on-site cross-connections. This chapter is intended to protect the City’s distribution system through premises containment and is not intended to provide regulatory measures for protecting users from the hazards of cross-connections within their own premises. Notwithstanding the provisions in this chapter, the City accepts no responsibility for cross- connections or resulting hazards or contamination. (b) This chapter is intended to comply with the State Water Board’s Cross-Connection Control Policy Handbook and shall be in addition to, and not in lieu of, the controls and requirements of other regulatory agencies, such as local government agencies and local and State Health Departments. To the extent anything in the provisions within this

chapter conflict with applicable laws or regulations, as may be amended from time to time, the provisions of such laws or regulations, including the Cross-Connection Control Policy Handbook, shall control. (§ 5, Ord. 3297, eff. March 18, 2025)

The requirements imposed by this chapter shall apply to all potable water, irrigation, and fire service connections from the City. (§ 5, Ord. 3297, eff. March 18, 2025)

(a) The City has developed an active Cross-Connection Control Program (“Program”) and designated a Cross- Connection Control Coordinator (“Coordinator”) for the Program. The Coordinator shall maintain status as a cross- connection control specialist and be responsible for the development of, and the reporting, tracking, and other administrative duties of the Program. The Coordinator, or his/her designee, and the City Manager, or his/her designee, are authorized to administer and enforce this chapter and the Program. (b) Any questions or notifications regarding these provisions or the program should be directed to the Coordinator or the City Manager, or his/her designee. (§ 5, Ord. 3297, eff. March 18, 2025)

Other guidelines, rules and regulations, ordinances, and specifications that may be applied by the Coordinator and/or the City Manager when administering and enforcing the Program include but are not limited to: (a) Water Programs (Title 40, Chapter 1, Subchapter D of the Code of Federal Regulations). (b) Drinking Water (Division 104, Part 12 of the California Health and Safety Code). (c) Environmental Health (Title 22, Division 4 of the California Code of Regulations). (d) State Water Board’s Cross-Connection Control Policy Handbook (adopted December 19, 2023). (e) Manual of Cross-Connection Control, published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, University Park, Los Angeles, CA, Current Edition. (f) EPA-570/9-89-007 Cross-Connection Control Manual, prepared by the U.S. Environmental Protection Agency. (g) Uniform Plumbing Code, published by IAPMO, Current Edition. (h) Manual M-14, published by AWWA, Current Edition. (i) Water conservation provisions as established in Chapter 8A of Title 6 of this code. (j) Water services and fees provisions as established in Chapter 8B of Title 6 of this code. (k) Recycled water use provisions as established in Chapter 8C of Title 6 of this code. (l) Design and construction of water facilities provisions as established in Chapter 8D of Title 6 of this code. (§ 5, Ord. 3297, eff. March 18, 2025)

If any section, subsection, sentence, clause or phrase of this chapter establishing rules and regulations for the use of potable water is for any reason found to be invalid or unconstitutional, such decision shall not affect the remaining portions of this chapter.

(§ 5, Ord. 3297, eff. March 18, 2025)

(a) “Air-gap separation” or “AG” shall mean a physical vertical separation of at least two (2) times the effective pipe diameter between the free- flowing discharge end of a potable water supply pipeline and the flood level of an open or non- pressurized receiving vessel, and in no case less than one (1) inch. (b) "ANSI” shall mean the American National Standards Institute. (c) “ANSI ISO 17024 accredited certifying organization” shall mean a State Water Board-recognized organization certifying backflow prevention assembly testers and meets CCCPH testing and performance standards. (d) “Applicant” shall mean any person, firm, corporation, association, or agency who desires to obtain water, sewer, and/or recycled water service from the City. (e) “Approved water supply” shall mean a water source that has been approved by the State Water Board for domestic use in a public water system and designated as such in a domestic water supply permit issued pursuant to of the Section 116525 of the California Health and Safety Code. (f) “Auxiliary water supply” shall mean a source of water, other than an approved water supply, that is either used or equipped, or can be equipped, to be used as a water supply and is located on the premises of, or available to, a customer. (g) "Backflow” shall mean an undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into the City’s water potable system. (h) “Backflow prevention assembly” or “BPA” shall mean a mechanical assembly designed and constructed to prevent backflow, such that while in-line it can be maintained and its ability to prevent backflow, as designed, can be field tested, inspected and evaluated. (i) “Backflow prevention assembly tester” shall mean a person who is certified by an American National Standards Institute ANSI ISO 17024 accredited certifying organization and holds a valid certification. (j) “Backsiphonage” shall mean a form of backflow due to a reduction in system pressure, which causes a sub- atmospheric pressure to exist in the water system. (k) “City” shall mean the City of Ontario, California. (l) “City Council” shall mean the City Council of the City of Ontario, California. (m) “City Manager” shall mean the City Manager of the City of Ontario, or his or her authorized representative. (n) “Contaminants” shall mean any substance that shall impair the quality of water, in such a way as to create an actual hazard to the public health through poisoning, the spread of disease, etc. (o) “Cross-connection” shall mean any actual or potential connection or structural arrangement between a public water system, including a piping system connection to the City’s distribution system and located on the premises of a customer or available to the customer, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. (p) “Cross-Connection Control Policy Handbook” or “CCCPH” shall mean the State Water Board’s Cross- Connection Control Policy Handbook, which are standards and principles for California’s Public Water Systems. (q) “Customer” shall mean a person, firm, or corporation who is the recipient of water service from the City. (r) “Degree of Hazard” shall mean either a pollutant (non-health hazard) or contaminant (health hazard); derived from the assessment of the materials, which may come in contact with the City’s distribution system through a cross- connection. (s) “Distribution system” has the same meaning as defined in of the California Code of Regulations, Title 22, Division 4, Chapter 2, Section 63750.50.

(t) “Double check detector backflow prevention assembly” or “DCDA” shall mean a double check valve backflow prevention assembly that includes a bypass with a water meter and double check backflow prevention assembly, with the bypass’s water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections. (u) “Double check detector backflow prevention assembly – type II” or “DCDA-II” shall mean a double check valve backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections. (v) “Double check valve backflow prevention assembly” or “DC” shall mean an assembly consisting of two independently acting internally loaded check valves, with tightly closing shut-off valves located at each end of the assembly (upstream and downstream of the two check valves) and fitted with test cocks that enable accurate field testing of the assembly. This type of assembly may only be used to isolate low hazard cross-connections. (w) “Fire protection system” shall mean automatic fire sprinkler installations and/or private onsite fire hydrants served with potable water through a separate service connection. (x) “Hazard assessment” shall mean an evaluation of an applicant, owner, or customer’s premises designed to evaluate the types and degrees of hazard at a user’s premises. (y) “High hazard cross-connection” shall mean a cross-connection that poses a threat to the potability or safety of the City’s water supply. Materials entering the City’s water supply through a high hazard cross-connection are contaminants or health hazards. (z) “Low hazard cross-connection” shall mean a cross-connection that has been found to not pose a threat to the potability or safety of the public water supply but may adversely affect the aesthetic quality of the potable water supply. Materials entering the public water supply through a low hazard cross-connection are pollutants or non-health hazards. (aa) “ISO” shall mean the International Organization for Standardization. (bb) “Premises” shall mean the lot, parcel, or property to which potable water is being supplied by the City or for which potable water service has been requested. (cc) “Premises containment” shall mean protection of the City’s distribution system from backflow from a customer’s premises through the installation of one or more air-gaps or BPAs, installed as close as practical to the user’s service connection, in a manner that isolates the customer’s water supply from the City’s distribution system. (dd) “Potable water” shall mean water furnished to the customer which meets applicable local, state and federal drinking water standards. (ee) “Pollutants” shall mean any substance that impairs the quality of the water to a degree, which does not create a hazard to the public health but which does adversely and unreasonably affect the aesthetic qualities of such waters for domestic use. (ff) “Readily accessible” shall mean capable of being reached for testing and/or maintenance, without the need of removing any access panel, door, or similar obstruction. (gg) “Reduced pressure principle backflow prevention assembly” or “RP” shall mean an assembly with two independently acting internally loaded check valves, with a hydraulically operating mechanically independent differential-pressure relief valve located between the check valves and below the upstream check valve. The assembly shall have shut-off valves located upstream and downstream of the two check valves, and test cocks to enable accurate field testing of the assembly. (hh) “Reduced pressure principle detector backflow prevention assembly” or “RPDA” shall mean a reduced pressure principle backflow prevention assembly that includes a bypass with a water meter and reduced pressure

principle backflow prevention assembly, with the bypass’ water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. (ii) “Reduced pressure principle detector backflow prevention assembly – type II” or “RPDA-II” shall mean a reduced pressure principle backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. (jj) “Service connection” shall mean the terminal end of a service connection from the City’s distribution system (i.e., where the City may lose jurisdiction and sanitary control of the water at its point of delivery to the consumer’s water system) and the point in a water system where the City’s water supply can be protected from backflow using an air-gap or backflow prevention assembly. If a water meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the water meter. (kk) “State Water Board” shall mean the California State Water Resources Control Board. (§ 5, Ord. 3297, eff. March 18, 2025)

Article 3: Protection Requirements

(a) No person is permitted to cause, permit, facilitate or maintain an actual or potential cross-connection or any type of connection that permits an actual or potential backflow of water to the City’s distribution system. (b) No physical connection shall hereafter exist, or be installed, located, maintained or operated, between the City’s distribution system (including its appurtenant mains, pipes, fixtures, equipment or appliances) and any other water supply system or any sewer or drainage system, or any steam, gas or chemical line, pipe or conduit, or any device, boiler tank or container whereby a contamination or pollution or any dangerous, impure, unsanitary or nonpotable substance (solid, liquid, or gaseous or any combination thereof) may now, or hereafter be introduced into any portion of City’s distribution system by backflow, backsiphonage, or any other method, manner, means, or cause whatsoever. (c) It is unlawful for any person to make a permanent or temporary connection onto a backflow prevention assembly for the purpose of bypassing the backflow prevention assembly. (§ 5, Ord. 3297, eff. March 18, 2025)

(a) No person is permitted to install, maintain, or allow a metered water service connection to any premises served by the City unless the City’s distribution system is protected in conformance with applicable state law or regulation (including the Cross-Connection Control Policy Handbook) and this chapter. Any person who is required to install an approved backflow prevention assembly must install, maintain, inspect and test such assembly in accordance with applicable state law or regulation (including the Cross-Connection Control Policy Handbook) and this chapter at the applicant, owner, or customer’s own expense and within the time specified for installation. Every backflow prevention assembly required by law, regulation, or this chapter must be of model and size approved by the City. Failure, refusal or inability on the part of the applicant, owner, or customer to install said assembly or assemblies constitutes grounds for discontinuing water service to such metered or non-metered water service connections until such assembly or assemblies have been properly installed. (b) Backflow prevention assemblies shall be installed on the premises, in accordance with the City's standards, before the first branch line leading off the service and not on the City’s portion of the system. Backflow prevention assemblies shall be located as close as practical to the applicant, owner, or customer’s service connection, or at a

location approved by the City. Backflow prevention assemblies shall be readily accessible for testing and maintenance and no device shall be submerged at any time. (c) All backflow prevention assemblies required by this chapter shall be installed in accordance with any and all criteria set forth in Cross- Connection Control Policy Handbook Section 3.3.2. (d) Notwithstanding subsection (a), the City maintains the right to install, test, and maintain a backflow prevention assembly on premises where water service is provided. The cost thereof shall be borne by the applicant, owner, or customer. (§ 5, Ord. 3297, eff. March 18, 2025)

All applicant, owner, or customer systems and premises shall be open for inspection at all reasonable times to authorized representatives of the City to enable the City to ascertain the existence of cross-connections or other structural or sanitary hazards, including violations of the cross-connection rules and regulations in this chapter. When such a condition becomes known, the City shall deny or discontinue service to the premises, in accordance with this chapter. Water service will be discontinued until the applicant, owner, or customer has corrected the condition(s) in conformance with state laws and City requirements relating to plumbing and water supplies, and with regulations adopted pursuant thereto. (§ 5, Ord. 3297, eff. March 18, 2025)

Newly installed and replaced backflow prevention assemblies required in this chapter shall be of models approved by the City. Approved backflow prevention assemblies meet one of the following requirements: (a) Air-gaps (AG) shall meet the requirements in Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures, page 4 of the American Society of Mechanical Engineers (ASME) A112.1.2-2012 (R2017). (b) Double check valve backflow prevention assemblies (DC) and reduced pressure principle backflow prevention assemblies (RP) shall be inspected, tested, and approved under the standards established in the Manual of Cross- Connection Control, published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, University Park, Los Angeles, CA, Current Edition. (§ 5, Ord. 3297, eff. March 18, 2025)

Backflow protection for the City’s potable water supply shall be provided on each water service connection downstream of the water meter but before the structural dwelling to: (a) Premises having an auxiliary water supply such as recycled or non-potable water systems; (b) Premises on which any substance is handled in such fashion that could permit entry into the water system. This shall include the handling of process waters and waters originating from the City’s distribution system that have been subject to deterioration in sanitary quality; (c) Premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard. Examples of premises where actual, or potential, health hazards, or conditions will exist include, but are not limited to, the following: sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries, plating works, etc; (d) Premises that have pressurized equipment installed;

(e) Premises that have landscape where potable water is used to irrigate; (f) Premises that have fire protection systems installed; (g) 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 agency; (h) Premises having intricate plumbing and piping arrangements or where not all portions of the premises are readily accessible for inspection purposes; (i) Premises having a repeated history of cross-connections being established or re-established; (j) Premises being served water through a temporary above ground water service connection; (k) Premises having a change in customer (either owner or tenant) on any commercial or industrial premise(s) where a backflow prevention assembly is not installed; the new or previous owner or customer shall notify the City immediately. The City will then reassess the level of protection required. Also, any alterations or improvements to existing onsite facilities that may affect the level of protection required must be reported immediately to the City to be evaluated; and (l) Premises that meet the definition of high-hazard cross-connection control premise under Appendix D of the Cross-Connection Control Policy Handbook. (§ 5, Ord. 3297, eff. March 18, 2025)

(a) The type of protection required on potable water services is related to the degree of hazard that exists on the premises as specified in this chapter and Appendix D of the Cross-Connection Control Policy Handbook. (b) The type of protective device authorized for potable water services is a reduced pressure principle backflow prevention assembly (RP). This includes premises that utilize a single potable water service to a dwelling and irrigating landscape. (c) Premises identified as a high hazard cross-connection control premise shall install a reduced pressure principle backflow prevention assembly (RP) or air-gap separation (AG), or both. Customers shall comply with any additional requirements or degrees of protection for particular high hazard cross-connections set forth in Appendix D of the Cross-Connection Control Policy Handbook. (d) Except for low hazard fire protection systems that meet the criteria forth in Cross-Connection Control Policy Handbook Section 3.2.2.(e)(3), fire protection systems shall be protected with either double check detector backflow prevention assembly (DCDA or DCDA-type II) or reduced pressure principle detector backflow prevention assembly (RPDA or RPDA-type II). (e) Dedicated service for the sole purpose of irrigating landscape with potable water shall be protected with a reduced pressure principle backflow prevention assembly (RP). Pressure vacuum breakers are not allowed to be installed on dedicated irrigation lines. (§ 5, Ord. 3297, eff. March 18, 2025)

Article 4: Inspection, Testing, and Maintenance Requirements

(a) It shall be the duty and the sole responsibility of the applicant, owner, or customer of any premises on which backflow prevention assemblies are installed to have inspections and testing made at least once a calendar year, or more often in those instances where successive inspections indicate repeated failure. All inspections and testing shall

be performed by a certified backflow prevention assembly tester that meets all requirements set forth in the State Water Board’s Cross-Connection Control Policy Handbook. (b) Backflow prevention assemblies shall also be tested immediately after they are installed, relocated or repaired and shall not be placed in service unless they are functioning as designed. (c) Whenever a backflow prevention assembly tester observes a backflow incident or an unprotected cross- connection at a backflow prevention assembly or prior to the applicant, owner, or customer’s premises, the backflow prevention assembly tester shall notify the City within twenty- four (24) hours. The City shall immediately discontinue water service to the premises and conduct an investigation. Water service shall not be restored until the City receives confirmation of a passing test. (d) Premises with air-gap separations shall be visually inspected at least annually to determine compliance with this chapter by a person certified as backflow prevention assembly tester or certified cross-connection control specialist pursuant to the State Water Board’s Cross-Connection Control Policy Handbook. (e) From time to time, representatives of any health agency having jurisdiction and/or the City may conduct evaluations of any premises where water service is provided by the City. The purpose of such evaluations is to determine if any actual or potential cross-connections exist, if there are any unapproved uses, and to assess compliance with applicable laws and regulations. Applicant, owner, or customer shall provide reasonable cooperation in facilitating such evaluations. (§ 5, Ord. 3297, eff. March 18, 2025)

(a) The applicant, owner, or customer shall notify the City any time a backflow prevention assembly is repaired, replaced, or relocated. (b) A backflow prevention assembly shall be repaired or replaced by, and at the sole expense of the applicant, owner, or customer whenever it is found to not function properly as designed. A backflow prevention assembly that fails a test or inspection pursuant to § 6-8.912 must be repaired or replaced within thirty (30) days of notification of the failure. (c) Records of all tests and repairs shall be maintained by the applicant, owner, or customer and submitted to the City in accordance with § 6-8.918. The City may request records regarding any backflow prevention assemblies on the premises. (d) A backflow prevention assembly may be removed for repair or replacement, provided that water service is discontinued until repair or replacement is completed and the assembly is returned to service, or the service connection is equipped with other backflow protection approved by the City. A retest shall be performed immediately following the repair or replacement of the assembly. (e) A backflow prevention assembly may be relocated following confirmation by the City that the relocation will continue to provide the required protection and satisfy installation requirements. A retest shall be performed immediately following the relocation of the assembly before water service is restored. (§ 5, Ord. 3297, eff. March 18, 2025)

Whenever an existing backflow prevention assembly is to be moved from its present location, or when it requires more than minimum maintenance, or when the City finds that the improper maintenance of the assembly constitutes a hazard to health, the assembly shall be replaced by the owner with a backflow prevention assembly meeting the requirements of this chapter.

(§ 5, Ord. 3297, eff. March 18, 2025)

Article 5: Notifications

The City will provide annual testing notifications to an owner or customer’s premise as follows: (a) First notice. The City will notify the owner or customers when routine backflow prevention assembly testing is needed. The notice will include the date when the test shall be completed by forty-five (45) days after the date of the notice. (b) Second notice. A second notice shall be sent to each owner or customer that does not have the backflow prevention assembly tested as prescribed in the first notice within the time allowed. The second notice will give the owner or customer a twenty-one (21) day period to have the backflow prevention assembly tested or take other corrective action. (c) Notice of non-compliance. If no action is taken within the 21-day period, then a notice of non-compliance will be sent to the owner or customer giving the owner or customer a final ten (10) day period to have the assembly tested or take other corrective action. (§ 5, Ord. 3297, eff. March 18, 2025)

The City shall survey its service area and conduct a hazard assessment as required by Chapter 3, Article 2 of the Cross-Connection Control Policy Handbook. The City shall issue a notice to install for all premises assessed and determined to require approved backflow prevention assembly. A backflow prevention assembly shall be installed in accordance with this chapter within ninety (90) days from the date of the notice to install. (§ 5, Ord. 3297, eff. March 18, 2025)

It shall be the applicant, owner, or customer’s responsibility to ensure backflow prevention assemblies are installed appropriately and demonstrate the assembly is functioning adequately as designed. Failure to install or demonstrate the proper functioning of backflow prevention assemblies by the due date prescribed in §§ 6-8.915 or 6-8.916, or re- test based on criteria described in § 6-8.913, shall be considered non-compliant with this chapter. A notice of violation shall be issued stating the cause of non-compliance with this chapter, when water services will be discontinued, corrective actions the owner or customer shall take to correct the deficiency or violation, and administrative fees to restore water service as prescribed in Chapter 8B of Title 6 of this code. (§ 5, Ord. 3297, eff. March 18, 2025)

Article 6: Reporting Requirements

The City uses a unified cross-connection software system for the management and reporting of backflow prevention assemblies. Test results shall be electronically submitted to the City through an electronic portal by the due date prescribed in §§ 6-8.916 or 6-8.917 or when a device has been subjected to the criteria described in § 6-8.914. Copies

of the completed forms shall also be sent to the local Health Department. The City will maintain records in accordance with Cross-Connection Control Policy Handbook Section 3.5.1. (§ 5, Ord. 3297, eff. March 18, 2025)

In the event of contamination or pollution of the City’s distribution system due to a cross- connection on the premises, the local health officer and City shall be promptly advised by the person responsible for the premise so that appropriate measures may be taken to mitigate the contamination or pollution. (§ 5, Ord. 3297, eff. March 18, 2025)

Article 7: Administrative Remedies

(a) If the City determines that water uses or conditions encountered represent a clear and immediate hazard to the City’s potable water supply that cannot be immediately abated, the City shall institute the procedure for discontinuing water service. Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following: (1) Refusal to install a required backflow prevention assembly. (2) Refusal to test a backflow prevention assembly. (3) Refusal to repair a faulty backflow prevention assembly. (4) Refusal to replace a faulty backflow prevention assembly. (5) Direct or indirect connection between the City’s distribution system and a sewer system. (6) Unprotected direct or indirect connection between the City’s distribution system and a system or equipment containing contaminants. (7) Unprotected direct or indirect connection between the City’s distribution system and an auxiliary water system. (8) A situation which presents an immediate health hazard to the City’s distribution system, as determined by the State Water Board, health agency or the City. (b) For conditions described in §§ 6-8.920(a)(1)-(4), the City will terminate service to an applicant, owner, or customer’s premise(s) if no action is taken within the due date provided in the Notice of Non-Compliance as described in §§ 6-8.915(c). A final Notice of Violation shall be provided to the applicant, owner, or customer, prescribing the necessary actions to comply with this chapter, state, and federal regulatory requirements, and administrative penalties to restore water service. (c) Water service will be terminated and remain turned off until the assembly is tested and passes the test or other corrective action is taken and approved by the City in accordance with this chapter. Administrative fees to restore water service shall be paid in advance of the water being turned on. (d) For conditions described in §§ 6-8.920(a)(5)-(8), the City will make reasonable effort to advise the applicant, owner, or customer of intent to terminate water service. Then, the City will terminate the water service and lock the service valve in the closed position. Water service will not be reinstated until correction of all violations has been approved by the City. Failure to correct the violations may result in permanent termination of water service in accordance with this chapter. (§ 5, Ord. 3297, eff. March 18, 2025)

CHAPTER 9: WEEDS AND REFUSE ABATEMENT *

*CHAPTER 9: WEEDS AND REFUSE ABATEMENT

*Chapter 9 entitled “Weeds, Dead Trees, and Refuse Accumulations,” consisting of §§ 6-9.01 through 6-9.13, codified from Ord. 1645, eff. April 6, 1967, as amended by Ord. 1725, eff. April 16, 1970, repealed by § 2, Ord. 2044, eff. July 5, 1979. 6-9.01 Definitions 6-9.02 Declaration of public nuisance 6-9.03 Preventive abatement; Chemical control; Subsequent years 6-9.04 Notices; Manner of posting 6-9.05 Notices; Heading 6-9.06 Form of notice 6-9.07 Notice by mail 6-9.08 Appeals 6-9.09 Abatement 6-9.10 Entry upon private property to abate nuisance 6-9.11 Removal of weeds, refuse and dirt by property owner 6-9.12 Costs of abatement, fines, and penalties as liens against parcel, collected by special assessment against parcel 6-9.13 Priority of lien of assessment 6-9.14 Refund of tax erroneously levied; Filing claims; When claim must be filed; Verification 6-9.15 Claim for property damage; Payment from general fund; Rules governing presentation of claims