Pomona Municipal Code § 62-201 Bypass of meter

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

After hours means the hours after 5:00 p.m. and before the start of City Hall business hours—Monday through Thursday, and any Friday, Saturday, Sunday and any day designated as a city holiday.

Authorized agent means any representative of a real estate company, property management company, home owners' association or lending institution requesting water utility services from the public works department on behalf of the property owner of record, subject to submittal of supporting documentation as shall be required by the director, or designee of the public works department.

Authorized tenant means any person, other than the property owner of record, requesting water/utility services from the public works department and presenting a valid rental, lease agreement, or affidavit, signed by applicant for water/utility services, and the property owner of record.

Consumer means any person who is the recipient of water/utility services from the public works department.

Department means the public works department.

Director (or designee) means the director (or designee) of the public works department.

Front footage means that footage measured along the side of a lot abutting a public street or easement wherein a water main is or may be installed from which service may be taken.

Manager means the manager as assigned by the public works director.

(Code 1959, § 34-1; Ord. No. 1359, § 400(b); Ord. No. 4188, § 1, 7-7-2014)

Cross reference— Definitions generally, § 1-2.

(a) There is hereby created and established a fund to be known as the water fund, and all receipts both operative and nonoperative shall be paid into the city treasury and deposited to the credit of such fund.

(b) Money in the water fund is hereby appropriated as follows:

(1) Monthly sums sufficient for the necessary and reasonable costs of maintenance and operation of the department and its works and facilities, including salaries of the department, and a pro rata share and reasonable and proper charges for services rendered or quarters furnished to the department by the city shall be apportioned from the revenues and paid from the water fund into the maintenance and operation fund.

(2) If water revenue bonds of the city are issued, sums for bond service shall be apportioned from the revenues and paid from the water fund into the bond service fund in accordance with the resolution issuing such revenue bonds.

(3) Until such revenue bonds are issued and thereafter if the Revenue Bond Law of 1941 is appropriately amended, monies remaining in the water fund shall be designated as surplus and may be invested in any authorized direct obligations of the United States, provided that the maturities shall not be later than five years from the date of investment; used for the payment of costs of replacements and extensions of or additions to and improvements of the waterworks system; used for the payment of the principal and interest of general obligation bonds of the city issued for waterworks purposes; used for any other waterworks purpose, including repayment by the department to the city of amounts spent by the city for works, rights or properties used by the department.

(Code 1959, §§ 34-8, 34-9; Ord. No. 1359, §§ 406, 407)

Upon presentation of official identification, any officer, inspector, foreman or authorized employee of the department, on official business, shall be allowed free access at all reasonable hours to any premises supplied with city water. Any person who, as owner or occupant of any premises, refuses admittance to or hinders or prevents inspection by an authorized employee of the department may, after service of 24 hours' notice of intention, have all water cut off.

(Code 1959, §§ 34-13, 34-14; Ord. No. 1359, §§ 481, 482)

It shall be unlawful for any unauthorized person to possess, carry, wear or exhibit any badge or other official identification of the department, nor shall any person, whether or not possession is authorized, display, exhibit, or cause to be exhibited any badge or other official identification of the department at any time, place, or in any manner or for any purpose which is not authorized by the department.

(Code 1959, § 34-48; Ord. No. 1359, § 495)

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Class II water means that water purchased from either the Los Angeles County Sanitation District 21 Pomona Water Renovation Plant, meeting quality standards for discharge into the San Jose Creek, or the Inland Empire Utilities Agency, meeting quality standards for discharge into the Santa Ana River.

Impaired water means city well water which is preferable in quality to class II water but which does not meet all the standards for potable and which can be supplied to class II water customers as a preferable replacement.

(b) Exceptions. All sections of this article shall apply to the delivery of reclaimed water by the utility services department except sections 62-291, 62-292, 62-293, 62-296, 62-321, 62-322 and 62-324.

(c) Rates. All class II water furnished by the utility services department shall be subject to the water rates as set by the city council by resolution. All impaired water furnished by the utility services department shall also be subject to the water rates as set by the city council by resolution.

(d) Usage regulated by the state. The use of reclaimed water is regulated by the state. All consumers of reclaimed water shall comply with such regulations.

(Code 1959, § 34-60—34-63; Ord. No. 2638, § 1 (part); Ord. No. 2712, §§ 1, 2; Ord. No. 2748, § 4; Ord. No. 2975, § 3; Ord. No. 3133, § 4; Ord. No. 3293, § 4; water department memorandum dated 12-13-1989; Ord. No. 3548, § 4; water department memorandum dated 12-3-1991; Ord. No. 3882, § 13; Ord. No. 4075, § 1)

Any person who supplies or feeds water directly into any stationary boiler, hydraulic elevator, power pump, or any other power device shall first file a written application with the department and be issued a permit therefor. The issuance of such permit shall be conditioned upon a full and continued compliance with any and all safety measures or provisions the department may require.

(Code 1959, § 34-30; Ord. No. 1359, § 440)

(a) Water shall not be supplied to any person other than the occupants of the consumer's own premises, except as provided for in this section and section 62-250. However, if such consumer has made application with the utility services department and is issued a permit therefor, he may supply water to a holder of a contract for public improvement or provide a temporary and permissive service to another.

(b) Such permit shall be denied to any person who is indebted to the utility services department for any former water or damage charges or who has in fact, prior to such application, failed to comply with such provisions or provisions of any previous permit issued to him.

(Code 1959, § 34-31; Ord. No. 1359, § 441)

The use of water for sprinkling, wetting, construction or industrial purposes may be restricted, if and when such use is contrary to the public safety or welfare.

(Code 1959, § 34-34; Ord. No. 1359, § 444)

Every person shall give written notice to the manager that he may have ten days in which to remove or relocate any mains, fittings, meters or other water equipment that might be injured or that interferes with any street improvement above to be performed by such person. Any damage to such mains, fittings, meters or other water equipment resulting from failure to give such notice shall be charged to such person.

(Code 1959, § 34-35; Ord. No. 1359, § 450)

(a) In compliance with state law, the city council adopts the California "State Water Resources Control Board Cross-Connection Control Policy Handbook" by this reference as it may be amended from time to time for city regulation of backflow prevention and cross-connection control. The city council authorizes the city manager to adopt, implement and amend a "Cross-Connection Control Plan" to comply with the State Water Resources Control Board Cross-Connection Control Policy Handbook.

(b) No water service connections to any premises shall be installed or maintained unless the water supply is protected as required by the California State Water Resources Control Board Cross-Connection Control Policy Handbook and the Cross-Connection Control Plan.

(c) Reserved.

(d) If an approved backflow prevention assembly is required for the safety of the water system, the water resources department director shall give notice to the customer in writing. The customer shall install such approved assembly at the customer's own expense, within 30 days after receipt of the letter. Failure, refusal, or inability of the customer to install, have tested and maintain such assembly shall constitute grounds for discontinuing water service to the premises until such requirements have been satisfactorily met.

(e) Customers' systems shall be open for inspection at all reasonable times to authorized representatives of the water resources department to determine whether cross connections or other structural or sanitary hazards, including violations of this section, exist.

(f) It shall be the duty of the customer at any premises where backflow prevention assemblies are installed to have certified inspections and operational tests made annually. When the water resources department deems the hazard to be great enough, certified inspections and tests shall be required at more frequent intervals. These inspections and tests shall be at the expense of the water user and shall be performed by a certified tester approved by the Los Angeles county health department. The customer shall notify the water resources department in advance when the tests are to be undertaken so that an official representative may witness the tests if so desired. Tests results shall be sent to the city the water resources department to be kept on file. These assemblies shall be repaired, overhauled or replaced at the expense of the customer whenever such assemblies are found to be defective. The water resources department may also conduct its own inspections in accordance with the California State Water Resources Control Board Cross-Connection Control Policy Handbook and the Cross-Connection Control Plan.

(g) Tests of backflow prevention devices shall also be required immediately after installation, relocation, or repair. The service shall not be placed in service until it is functioning as required. Whenever an approved backflow assembly is moved or undergoes more than minimum maintenance, the water resources department shall be notified and the assembly tested and the test results sent to the city in accordance with this section.

(h) Refusal to eliminate a cross connection where high health hazards exist will result in discontinuance of water service until such time as the cross connection is remedied.

(Code 1959, § 34-36; Ord. No. 2088, § 1; Ord. No. 3482, § 1; Ord. No. 4344, § 3, 6-3-2024)

Any bypass or connection around the water meter between the service and the main shall be prohibited. All water used, except as provided in section 62-248, shall pass through the meter.

(Code 1959, § 34-37; Ord. No. 1359, § 452)

Any and all connections shall be prohibited between any private water source and the water supply of the city; provided, however, subject to the approval of the state board of health, the city may maintain emergency connections with other public utilities supplying water.

(Code 1959, § 34-38; Ord. No. 1359, § 453)

All water shutoff valves are installed by and for the use of the department. Except in an emergency, the consumer shall not use or molest such shutoff valves. The consumer shall install, for his ordinary usage and at his own expense, a shutoff valve on the property side of the meter.

(Code 1959, § 34-39; Ord. No. 1359, § 454)

All water services and all water meters installed by the department shall, at all times, remain the property of the department. The expense of maintenance, repair and renewal of such meters due to the wear of normal service shall be borne by the department; provided, however, any expense occasioned by any act, careless or otherwise, on the part of the consumer or any member of his family or any person in his employ, shall be charged to such consumer.

(Code 1959, § 34-40; Ord. No. 1359, § 455)

(a) Any cooling or refrigeration system using water as a condensing medium shall be equipped with a water conservation device in accordance with accepted engineering practices, to discharge water from the condensing apparatus at the maximum practical temperature.

(b) On an evaporative cooler of 5,000 CFM capacity or larger, recirculating pumps will be required to provide for the recirculating of water.

(c) All precooling coils and water cooled condensing machines shall be equipped with pressure-actuated water control valves.

(d) No discharge of water from any cooling or refrigeration system shall be greater than six gallons per minute.

(Code 1959, § 34-42; Ord. No. 1359, § 490(a))

It shall be unlawful for any unauthorized person to draw, cause to be drawn, permit to be drawn, or allow to be drawn, for any purpose whatsoever, any water from any fire hydrants in the city.

(Code 1959, § 34-43; Ord. No. 1359, § 491)

Cross reference— Fire prevention, ch. 22.

State Law reference— Theft, Penal Code § 484 et seq.

(a) It shall be unlawful for any person to open, tamper with, or to cause or suffer to be opened or tampered with any fire hydrant, faucet, fire hose, or water main within the city without first having obtained written permission to do so from either the manager of the utility services department or the chief of the fire department.

(b) This section shall not apply to the employees of the utility services department or to the members of the fire department while acting in the course of their employment.

(Code 1959, § 34-44; Ord. No. 840, § 2)

Cross reference— Fire prevention, ch. 22.

State Law reference— Malicious mischief, Penal Code § 594.

No person shall tamper with, remove, cause, permit, or allow to be tampered with or removed any water meter where it has been attached to any service without first having made application to the meter service clerk of the department and receiving a permit therefor.

(Code 1959, § 34-45; Ord. No. 1359, § 492)

State Law reference— Malicious mischief, Penal Code § 594.

No person shall tap, open or connect to or cause, permit or allow to be turned on, in any way, any water after it has been turned off by the department.

(Code 1959, § 34-46; Ord. No. 1359, § 493)

No person shall tap, open or connect to, cause, permit, or allow to be tapped, opened or connected to any water main or pipe without first having made application to the department and receiving a permit therefor.

(Code 1959, § 34-47; Ord. No. 1359, § 494)