San Clemente Municipal Code Art. IV Water Service Regulations

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

(Prior code § 32-31)

The City shall, consistent with state law, adopt, and from time to time update, regulations governing the design and operation of reclaimed water use facilities within the City.

(Prior code § 32-31.1)

A. .....When an abnormally large quantity of water is desired for filling a swimming pool, or for other purposes, arrangements shall be made with the Water Division prior to taking such water.

B. .....Permission to take water in unusual quantities shall be given only if it can be safely delivered through the City's facilities and if other consumers are not inconvenienced.

(Prior code § 32-32)

The Water Division reserves the right to shut off water in their mains for the purpose of making extensive repairs, or for any other purposes found necessary. The City shall not be responsible for any damages which may occur due to water shut-offs. The owner or consumer shall be conclusively presumed to have made all necessary precautions in compliance with the building codes and regulations of the Plumbing Code in anticipation of emergency shutoffs.

(Prior code § 32-33)

The Water Division will endeavor to maintain such pressures as recommended by the American Insurance Association. In the event any consumer deems that pressures are inadequate, the consumer shall furnish at his or her own expense whatever devices are necessary to boost the pressure for his or her own premises. In the event water pressures are in excess of any consumer's normal requirements, it shall be the responsibility of such water consumer to install such devices on his or her own premises to protect his or her plumbing or to reduce the pressure for his or her needs. The City shall not be held liable for either insufficient pressure nor excessive pressure nor for damages caused by either.

(Prior code § 32-34)

The Utilities Manager shall be given a written notice by the person or agency a minimum of thirty (30) days prior to any street improvements which are to be performed which will cause the relocation of existing water mains, fittings, meters or other water equipment. Any changes which are required or any damages which may occur to such mains, fittings, meters or other water equipment without fault or negligence of the City shall be chargeable to the person or agency requiring such work to be done.

(Ord. 1244 § 1 (part), 2000: prior code § 32-35)

A. Intent.

1. The purpose of this section is (a) to protect the public water supply against actual or potential contamination through cross connections by isolating sources of contamination that may occur within a water user's premises because of some undiscovered or unauthorized cross connection on the premises; (b) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (c) to eliminate cross-connections between drinking water systems and sources of contamination; and (d) to prevent the making of cross connections in the future.

2. In cooperation with the State Water Resources Control Board Division of Drinking Water, City's major goal is to ensure the distribution of a safe and potable water supply to all domestic water users. In order for the City to achieve this goal, a Cross-Connection Control Management Plan (CCCMP) is being developed with an effective date of July 1, 2025. The City's CCCMP was developed pursuant to the requirements set forth in the Cross-Connection Control Policy Handbook (CCCPH) which replaced State of California Administrative Code Title 17, Sections 7583 through 7605 and applies to all State of California Public Water Systems, as defined in California's Health and Safety Code (CHSC, section 116275(h)).

3. These regulations are adopted pursuant to CCCPH.

4. It is hereby declared to be unlawful for any person, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross connection between plumbing pipes or water fixtures being served with water by the City water department and any other source of water supply, or to maintain any sanitary fixture or other appurtenances or fixtures which, by reason of their construction, may cause or allow backflow of water or other substances into the water supply system of the City and/or the service of water pipes or fixtures of any consumer of the City.

B. Cross Connection Protection Requirements.

1. General Provisions.

a. Unprotected cross connections with the public water supply are prohibited.

b. Whenever backflow protection has been found necessary, the City will require the water-user to install an approved backflow prevention assembly by and at his expense in order to maintain continued services or before a new service will be initiated.

c. Wherever backflow protection has been found necessary on a water supply line entering a water user's premises, any and all water supply lines from the City's mains entering such premises, buildings, or structures shall be protected by an approved backflow prevention assembly. The type of assembly will be in accordance with the requirements of this section.

2. Where Protection is Required.

a. Each service connection from the City water system for supplying water to premises having an auxiliary supply shall be protected against backflow of water from the premises into the Public Water System unless the auxiliary water supply is accepted and approved as an additional source by the City.

b. Each service connection from the City water system for supplying water to any premises on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the City water system which have been subjected to deterioration in sanitary quality.

c. Approved backflow prevention assemblies shall be installed on service connections to any premises having: (a) internal cross connections that cannot be permanently corrected and controlled to the satisfaction of the State or local health department and the City; or (b) intricate plumbing and piping arrangements or premises construction such that entry to all portions of the premises are not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross connections exist.

3. Type of Protection Required.

a. The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer's premises. The type of protective assembly that may be required (listed in an increasing level of protection) includes: Double Check Valve Assembly (DC), Reduced Pressure Principle Approved Backflow Prevention Assembly (RP), and an Air-Gap Separation (AG). The water user may choose a higher level of protection than required by the City. The minimum types of backflow protection required to protect the approved water supply at the user's water connection to premises with varying degrees of hazard are given in Table 1. Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the City.

TABLE 1—TYPE OF BACKFLOW PROTECTION REQUIRED

b. Two or more services supplying water from different street mains to the same building, structure, or premises through which an inter-street main flow may occur shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters, such check valve shall not be considered adequate if backflow protection is deemed necessary to protect the City's mains from pollution or contamination; in such cases the installation of approved backflow assemblies at such service connections shall be required.

C. Backflow Prevention Assemblies.

1. Approved Backflow Prevention Assemblies.

a. Only approved backflow prevention assemblies that have been approved by the City shall be acceptable for installation by a water user connected to the City's potable water system.

b. The City will provide, upon request, to any affected customer a list of approved backflow prevention assemblies.

2. Approved backflow prevention assembly installation.

a. Approved backflow prevention assemblies shall be installed in the CCCMP. Location of the assemblies should be as close as practical to the user's connection. The City shall have the final authority in determining the required location of an approved backflow prevention assembly.

(1) Air-Gap Separation (AG). The Air-Gap Separation shall be located on the user's side of and as close to the service connection as is practical. All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the Air-Gap Separation. The water inlet piping shall terminate a distance of at least two pipes diameters of the supply inlet, but in no case less than one inch above the over- flow rim of the receiving tank.

(2) Reduced Pressure Principle Backflow Prevention Assembly (RP). The approved reduced pressure principle backflow prevention assembly shall be installed on the users side of and as close to the service connection as is practical. The assembly shall be installed a minimum of 12 inches above grade and not more than 36 inches above grade measured from the bottom of the assembly and with a minimum of 12 inches side clearance. The assembly shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the service connection and the RP assembly shall be protected in a manner approved by the City.

(3) Double Check Valve Assembly (DC). The approved Double Check Valve Assembly shall be located as close as practical to the user's service connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. If a Double Check Valve Assembly is put below grade it must be installed in a vault such that there is a minimum of six inches between the bottom of the vault and the bottom of the assembly so that the top of the assembly is no more than a maximum of eight inches below grade, so there is a minimum of 24 inches of clearance between the side of the assembly with the test cocks and the side of the vault, and so there is a minimum of 12 inches clearance between the other side of the assembly and the side of the vault. Special consideration must be given to Double Check Valve Assembles of the "Y" type. These assemblies must be installed on their "side" with the test cocks in a vertical position so that either check valve may be removed for service without removing the assembly. Vaults which do not have an integrated bottom must be placed on a three-inch layer of gravel.

3. Approved Backflow Prevention Assembly Testing and Maintenance.

a. The owners of any premises on which, or on account of which, approved backflow prevention assemblies are installed shall have the assemblies tested by a person who has demonstrated their competency to the City in testing these assemblies. Approved backflow prevention assemblies must be tested at least annually and immediately after installation, relocation, or repair. The City may require a more frequent testing schedule if it is determined to be necessary. No assembly shall be placed back in service unless it is functioning, as required. A report in a form acceptable to the City shall be filed with the City each time an assembly is tested, relocated, or repaired. These assemblies shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user.

b. The City will supply affected water users with a list of persons licensed to test and certify approved backflow prevention assemblies. The City will notify affected customers by mail when annual testing of an assembly is needed and also supply users with the necessary forms which must be filled out each time an assembly is tested or repaired.

4. Approved Backflow Prevention Assembly Removal.

a. Approval must be obtained from the City before an approved backflow prevention assembly is removed, relocated, or replaced.

(1) Removal: The use of an assembly may be discontinued and the assembly removed from service upon presentation of sufficient evidence to the City to verify that a hazard no longer exists or is not likely to be created in the future;

(2) Relocation: An 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 will be required following the relocation of the assembly;

(3) Repair: An assembly may be removed for repair, provided the water use is either discontinued until repair is completed and the assembly is returned to service, or the service connection is equipped with other backflow prevention assembly approved by the City. A retest will be required following the repair of the assembly; and

(4) Replacement: An assembly may be removed and replaced provided the water use is discontinued until the replacement assembly is installed. All replacement assemblies must be approved, by the City and must be commensurate with the degree of hazard involved.

D. User Supervisor. .....At each Premises where it is necessary, in the opinion of the City, a user supervisor shall be designated by and at the expense of the water user. This user supervisor shall be responsible for the monitoring of the approved backflow prevention assemblies and for avoidance of cross connections. In the event of contamination or pollution of the drinking water system due to a cross connection on the premises, the City shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water user shall inform the city of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs.

E. Administrative Procedures.

1. Water system survey.

a. The City shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the City upon request for review of possible cross connection hazards as a condition of service for new service connections. If it is determined that an approved backflow prevention assembly is necessary to protect the Public Water System, the required assembly must be installed before service will be granted.

b. The City may require an on-premises inspection to evaluate cross connection hazards. The City will transmit a written notice requesting an inspection appointment to each affected water user. Any water user who cannot or will not allow an on-premises inspection of his piping system shall be required to install the approved backflow prevention assembly the City considers necessary.

c. The City may, at its discretion, require a reinspection for cross connection hazards of any premises to which it serves water. The City will transmit a written notice requesting an inspection appointment to each affected water user. Any water user who cannot or will not allow an on-premises inspection of his piping system shall be required to install the approved backflow prevention assembly the City considers necessary.

2. Customer Notification—Assembly Installation.

a. The City will notify the water user of the survey findings, listing the corrective actions to be taken if any are required. A period of 30 days will be given to complete all corrective actions required, including installation of approved backflow prevention assemblies.

b. A second notice will be sent to each water user who does not take the required corrective actions prescribed in the first notice within the 30 day period allowed. The second notice will give the water user a two week period to take the required corrective action. If no action is taken within the two week period, the City may terminate water service to the affected water user until the required corrective actions are taken.

3. Customer Notification—Testing and Maintenance.

a. The City will notify each affected water user when it is time for the approved backflow prevention assembly installed on their service connection to be tested. This written notice shall give the water user 30 days to have the assembly tested. The City will supply the water user with the necessary form to be completed and resubmitted to the City.

b. A second notice shall be sent to each water user who does not have his/her approved backflow prevention assembly tested within the 30 day period as prescribed in the first notice. The second notice will give the water user a two week period to have his/her approved backflow prevention assembly tested. If no action is taken within the two week period, the City may terminate water service to the affected water user until the subject assembly is tested.

4. Administrative Fees. The City Council shall, by resolution, establish such fees as are necessary to implement the City's backflow prevention program. Such fees may be amended from time to time, by resolution, as the City Council deems necessary. Any failure to timely pay such fee as may be adopted or amended from time to time shall result in the City discontinuing water service to the premises until such time as the delinquent fee, plus any assessed penalty, has been received by the City.

F. Water Service Termination.

1. General. When the City encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the City shall, institute the procedure for discontinuing the City water service.

2. Basis For Termination. Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items:

a. Refusal to install a required approved backflow prevention assembly;

b. Refusal to test an approved backflow prevention assembly;

c. Refusal to repair a faulty approved backflow prevention assembly;

d. Refusal to replace a faulty approved backflow prevention assembly;

e. Direct or indirect connection between the public water system and a sewer line;

f. Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;

g. Unprotected direct or indirect connection between the public water system and an auxiliary system; and

h. A situation which presents an immediate health hazard to the public water system.

3. Water Service Termination Procedures.

a. For conditions in subsections a, b, c, or d above, the City will terminate service to a customer's premise after two written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated.

b. For conditions in subsections e, f, g, or h above, the City will take the following steps:

(1) Make a reasonable effort to advise the water user of the City's intent to terminate water service;

(2) Terminate water supply and lock service valve. The water service will remain inactive until correction of violation has been approved by the City.

c. All termination notices and procedures shall comply with applicable state and federal law.

G. Tester Certification and Qualifications. .....The following are minimum requirements:

a. Testers shall have had at least two years' experience in plumbing or pipe fitting, or equivalent qualifications.

b. Testers shall hold a valid certification from AWWA.

c. Each tester of approved backflow prevention assemblies shall furnish evidence to show that he or she has available the necessary tools and equipment to properly test such assemblies. He or she shall be responsible for the competency and accuracy of all tests and reports prepared by him or her.

d. Testers shall hold a current City of San Clemente business license, Section 8-2, City Municipal Code.

(Prior code § 32-36; Ord. 1210 § 1, 1998; Ord. No. 1794, § 1, 9-2-2025)

Any bypass or connection around the meter between the service and the main shall be prohibited. All water used, except as provided in case of private fire service, shall pass through the meters. Separate one (1) inch or greater diameter water meters shall be installed for each individual dwelling unit or rental space in all residential buildings, and for individual commercial or industrial buildings. At least one (1) meter shall be installed for any common water feature or other common facilities with water fixtures.

(Prior code § 32-37)

All connections shall be prohibited between any private water source and the water supply of the City. Subject to the approval of the State Board of Health, the City may maintain emergency connections with other public utilities supplying water.

(Prior code § 32-38)

All shutoff valves and service cocks are installed by the Water Division for the use of the City. Such shut-off valves and service cocks shall not be used or molested in any way or manipulated by the consumer, except in extreme emergency. For ordinary usage all consumers shall provide their own valves and shut-off cocks between the water meter and the first outlet placed by the consumer.

(Prior code § 32-39)

A. .....All water services and water meters installed by the Water Department shall remain at all times the property of the City and shall be maintained, repaired and renewed by the Water Department when rendered unserviceable by normal wear and tear.

B. .....Where replacements, repairs or adjustments of any meter are rendered necessary by any act resulting from malice, carelessness or neglect of the consumer or any member of his or her family, or anyone employed by him, and any damage which may result from hot water, or steam from water heaters, boilers or otherwise, such expenses shall be charged to and paid for by the consumer to the Water Department on presentation of a bill therefor; and in case such bill is not paid the water shall be shut off from such premises and shall not be turned on again until all charges are paid. No person shall interfere with, or remove, or cause to be interfered with or removed from any service any water meter where it has been attached.

C. .....Water meters and meter boxes are and shall remain the property of the City, and no person shall damage or interfere with them, or place dirt, trash, leaves or lawn cuttings, or other obstructions on or over the meter boxes; and no person shall place garbage or rubbish boxes, cans or barrels on them.

D. .....If a water meter at any time becomes inaccessible to the City meter reader due to any obstruction covering the meter or placed thereon, the consumer will be notified by posting a notice on the property served by the water meter. The consumer shall remove the obstruction within thirty (30) days of posting of the notice. If the consumer fails to do so, the City will remove the obstruction and charge the consumer a six-dollar ($6.00) fee on the next water bill to cover the costs of removal.

(Prior code § 32-40)

A. .....Any customer may demand that the meter through which water is being furnished be examined and tested by the Water Division for the purpose of ascertaining whether or not it is registering accurately. Such demand shall be made, in writing, to the Water Division and shall be accompanied by the Water Meter Test fee. Upon receipt of such demand, it shall be the duty of the Utilities Manager to cause the meter to be examined and tested. If on such an examination and test the meter is found to register more or less than three (3) percent correctly another meter will be substituted therefor, and the Water Meter Test fee shall be refunded to the person making the application and the water bill for the current period adjusted in such a manner as the Finance Director may deem fair and just. If the meter is found to register not over or under three (3) percent, the Water Meter Test fee shall then be forfeited to the City and the water bill paid as rendered. The City Council shall, by resolution, establish the Water Meter Test fee. Such fee may be amended from time to time, by resolution.

B. .....A customer or his or her authorized representative may be present to witness the test.

(Ord. 1244 § 1 (part), 2000; prior code § 32-41)

(Ord. No. 1513, § 11, 7-20-2010)