San Joaquin County Municipal Code Div. 3 Utilities

The following words when used in any provision of this chapter shall be construed to have the following meaning:

"Board of Directors" shall mean the Board of Directors of the Mountain House Community Services District (MHCSD).

"Cross connection" means any actual or potential connection between the MHCSD's or consumer's potable piping system and any other source or piping system through which it is possible to introduce into any part of the potable piping system any untreated water, used water, industrial fluid, gas or substance other than the potable water with which the piping system is supplied.

"Customer" shall mean any person, entity, firm, partnership, business, corporation, district or governmental agency that receives water from the MHCSD.

"General Manager" means the General Manager of the Mountain House Community Services District (MHCSD) or the General Manager's designee.

"On-site fire protection facilities" means privately-owned fire protection facilities installed on private property in accordance with the provisions of this code, whether installed before or after the effective date of this chapter.

"Person or entity" means any individual, company, partnership, agency or other public or private entity.

"Private fire hydrant" means a fire hydrant that is owned and maintained by a party other than the MHCSD and is not located in a MHCSD right-of-way or other MHCSD property.

"Private water line" means a water pipeline that is owned and maintained by a party other than the MHCSD, beyond the MHCSD's point of service.

"Public fire hydrant" means a fire hydrant that is owned and maintained by the MHCSD.

"Public water line" means that part of the water distribution system that is owned by the MHCSD.

"Service connection" means any tap, pipe or other means of taking water from the MHCSD water distribution system. A water service connection occurs at the time that a tap, pipe, or other means of taking water is physically attached to the MHCSD water distribution system in a manner capable of taking water from the distribution system. The water service connection includes the stop/valve at the distribution main, the water meter, the curb stop on a metered water service and pressure reducing valve (PRV) if applicable.

"Temporary water service" means the provision of water for a period of twelve (12) months or less.

"Water" means potable water supplied by the MHCSD to customers within its jurisdiction.

"Water distribution system" means all pipes, transmission and distribution mains and other facilities owned or operated by the MHCSD to supply, provide or deliver water to its customers.

"Water meter" means a water meter provided or approved by the MHCSD that is installed on a water service connection or a fire hydrant in a manner that measures the volume of all water taken from the MHCSD water distribution system through that water service connection or hydrant.

(Ord. 4203(a) § 1 (part), 2003)

The provisions of this chapter shall apply to all customers using water within the boundaries of the MHCSD or using water provided by the MHCSD.

(Ord. 4203(a) § 1 (part), 2003)

Each parcel shall have a separate water service connection and water meter and only one (1) water service connection and water meter will be allowed for each parcel unless otherwise determined by the MHCSD General Manager. All water service lines shall be constructed and installed in accordance with standards for construction and installation of public water lines as determined by the MHCSD General Manager. Service connection sizes shall be determined by the General Manager.

When a lot split or lot line adjustment occurs which results in no water service connection to a parcel, a water service connection shall be provided at the customer's expense. When a lot merger or lot line adjustment occurs which results in multiple water service connections to a parcel, the excess water service connection(s) shall be removed at the customer's expense, if required by the MHCSD General Manager.

To be eligible for water service, the property to which service is to be extended must abut a dedicated public easement or a MHCSD right-of-way in which a distribution main is constructed at a point immediately adjacent to the property, unless the MHCSD General Manager authorizes the extension of a distribution main. Water service lines shall not cross another parcel without the party making the request first obtaining any and all rights-of-way, easements and/or other approvals necessary to do so.

The MHCSD General Manager may authorize water service for land locked parcels provided that the customer obtains recorded private easements from the affected owner(s) and all other applicable legal requirements are fulfilled. Private easements must abut a distribution main in a dedicated public easement or MHCSD right-of-way. Water service lines constructed in private easements are private water lines, and the MHCSD shall have no responsibility for the maintenance and repair of such lines.

All water service connections are subject to fees and charges as adopted by resolution or ordinance from time to time by the MHCSD Board of Directors. Such fees or charges shall be due and paid before any work is commenced.

(Ord. 4203(a) § 1 (part), 2003)

A service connection may be relocated by the MHCSD at a customer's request provided the relocation, in the judgment of the MHCSD General Manager, is not detrimental to the MHCSD water distribution system. Such relocation shall include any modifications necessary to comply with then-current service connection standards or requirements as set forth by the MHCSD General Manager, and the cost of the relocation shall be borne by the customer. The customer shall first obtain a permit and pay the estimated cost of the relocation, as determined by the MHCSD General Manager, prior to the relocation work being done. The original service connection shall be abandoned or removed at the customer's expense in accordance with MHCSD standards determined by the MHCSD General Manager. Where a service connection is relocated for the convenience of the MHCSD, the relocation shall be at the expense of the MHCSD.

(Ord. 4203(a) § 1 (part), 2003)

The MHCSD's responsibility to operate, maintain and repair public water lines shall extend only to the point of the water service connection to the public water main distribution line. The operation, maintenance and repair of any private water line connected to this point of service shall be the customer's sole responsibility. The customer shall indemnify and hold harmless the MHCSD, its officers and employees from any claims, actions, costs (including attorney fees), damages or other liability resulting or arising from the condition, operation, maintenance or repair of said private water line.

(Ord. 4203(a) § 1 (part), 2003)

Private water lines serving two (2) or more buildings or structures located on the same parcel, even if not maintained by the MHCSD, shall be constructed and installed to meet the standards for construction and installation of public water lines as determined by the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

Any person requesting water service from a public water line for a property or properties which are not adjacent to existing water distribution facilities shall apply to the MHCSD General Manager for permission to install the distribution facilities. The application shall be made to the MHCSD General Manager and shall contain plans and specifications for the proposed distribution facilities, that shall conform to the requirements of the MHCSD General Manager as to size, type and quality of materials and location of transmission and/or distribution lines. In the case of a person requesting multiple connections, the MHCSD approval of tentative map conditions and subsequent improvement plans shall satisfy this requirement.

The MHCSD Director shall cause all work performed to be inspected and all work must be approved by the MHCSD General Manager after inspection before the distribution facilities shall be connected to the MHCSD water system. After the MHCSD General Manager issues a notice of completion, the distribution facilities shall become the property of the MHCSD.

The applicant shall pay all costs incurred by the MHCSD to check the plans and specifications and to inspect the installation of the facilities.

(Ord. 4203(a) § 1 (part), 2003)

The MHCSD General Manager may establish cross-connection control standards that establish the MHCSD requirements for design, construction, installation, and maintenance of backflow prevention assemblies. Any person receiving or using water from the MHCSD water distribution system shall comply with all provisions of the cross-connection control standards. In the event a water customer is found to be in violation of the cross-connection control standards by the county, state or federal government, the MHCSD General Manager or the San Joaquin County Environmental Health Officer, the customer's water service may be terminated until such condition is corrected as determined by the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

Easements granted for public water lines shall be exclusive easements or public utility easements, and shall be in a form approved by the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

Any person or entity damaging or removing, displacing, or otherwise altering, without the permission of the MHCSD General Manager, any portion of the MHCSD water system shall pay the county, state, federal or MHCSD costs of investigating and repairing such damage and/or replacing any removed item(s), and shall indemnify and hold harmless MHCSD, its officers and employees from any claims, actions, costs (including attorney fees), damages or other liability resulting or arising from such damage or removal.

Any person or entity engaged in work that requires or results in damaging, removing, displacing, tapping or otherwise altering any portion of the MHCSD water system may do so only with the prior approval of the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

No permanent structure (including without limitation, garages, patios, concrete slabs, tool shed or similar structure) shall be constructed on top of water, wastewater, or storm water pipelines or anywhere within the associated utility easements, unless approved in the original building permit for the parcel or approved by the MHCSD General Manager upon execution of a hold harmless agreement.

(Ord. 4203(a) § 1 (part), 2003)

The supply of water by MHCSD may be discontinued or limited at any time without notice to customers and the MHCSD shall in no way be liable for any damage or costs resulting from such discontinuance or limitation. The MHCSD does not guarantee and shall not be liable for any failure in continuity or limitation of water service or water pressure.

(Ord. 4203(a) § 1 (part), 2003)

Application to discontinue water service shall be made to the MHCSD not less than three (3) days before the date on which discontinuance is desired. Such discontinuance may be approved at the discretion of the General Manager, and then, only when it is necessary for construction or repair. After the effective date of such discontinuance, all water consumption and water charges accruing shall cease until a customer requests resumption of water service to a parcel, except that temporary discontinuance of water service for any period of less than six (6) months shall not result in a cessation of monthly fixed or standby charges.

(Ord. 4319 § 1, 2007: Ord. 4203(a) § 1 (part), 2003)

No person shall use any MHCSD water, except as otherwise provided for by ordinance, unless installation of water service connection and initiation of the water service has been approved by the MHCSD General Manager in accordance with all applicable provisions of this code and standards as determined by the MHCSD General Manager. Any use without such approval shall be unlawful.

(Ord. 4203(a) § 1 (part), 2003)

No water service connection may be attached to the MHCSD water distribution system in order to provide service to buildings, residential units, or landscaping unless such connection is equipped with a water meter. Fire service connections are exempt from this provision. The MHCSD General Manager may grant exemptions for temporary water service.

(Ord. 4203(a) § 1 (part), 2003)

Prior to the installation of a water meter in accordance with the terms of this chapter, the customer shall pay any applicable fee established by the MHCSD Board of Directors to recover the costs incurred by the MHCSD to provide, install or supervise the installation of a water meter.

(Ord. 4203(a) § 1 (part), 2003)

Water meters shall be installed either by the MHCSD or under the MHCSD's supervision, at the discretion of the MHCSD General Manager, and shall be installed in accordance with all applicable MHCSD standards and all applicable building codes and regulations. A water meter shall not be installed unless a water meter permit and a plumbing permit have been issued. No occupancy permit for any structure served by the new water service connection shall be issued until meter installation is complete.

(Ord. 4203(a) § 1 (part), 2003)

The customer shall provide MHCSD staff and/or its contractors access to the premises receiving water service as required for the reading, maintenance and repair of water meters, and shall keep water meters and meter boxes clean and accessible for such purposes.

(Ord. 4203(a) § 1 (part), 2003)

Any metered customer may request in writing that the meter through which water is being furnished be examined and tested by the MHCSD to determine whether the meter is registering accurately the amount of water being delivered through it. Upon receipt of such request, the MHCSD shall cause the meter to be examined and tested. If the meter is found to register over three percent (3%) more water than actually passes through it, the customer's water bill for the preceding three (3) months will be adjusted accordingly. If the meter is found to register less water than actually passes through it, no billing adjustment will be made. Meter testing will be performed at a customer's request, at no charge to the customer, not more than once every twenty-four (24) months. Any more frequent testing requested by the customer will be done only after the customer has agreed in writing to pay the actual cost of such examination and testing and has posted a deposit equal to the estimated cost as determined by the MHCSD General Manager. If the meter is found to register over three percent (3%) more water than actually passed through it, the customer's water bill for the preceding three (3) months will be adjusted accordingly, the customer will not be responsible to pay for the cost of that examination and testing of the water meter and the deposit will be returned to the customer. If the meter is found to register less than three percent (3%) more water or to register less water than actually passes through it, no billing adjustment will be made and the deposit will be used by the MHCSD to pay its examination and testing costs. If the deposit amount exceeds the actual cost incurred by MHCSD, the balance of the deposit will be returned to the customer.

(Ord. 4203(a) § 1 (part), 2003)

No person, other than those with the approval of the MHCSD General Manager, shall install, maintain, repair, move, replace, adjust, tamper with, manipulate, damage, disconnect or remove any water meter. Any person or entity performing any of the foregoing actions, whether or not authorized by the MHCSD General Manager, shall pay the MHCSD costs of investigating and repairing any resulting damage and/or replacing any removed item(s), and shall indemnify and hold harmless MHCSD, its officers and employees from any claims, actions, costs (including attorney fees), damages or other liability resulting or arising from such damage or removal.

(Ord. 4203(a) § 1 (part), 2003)

It shall be unlawful for any person whose water service pipe is attached directly or indirectly to a public water line, to allow any person to attach any pipe or hose connection to the plumbing on his or her parcel for the purpose of providing water service to any other parcel. If any person refuses to allow an authorized employee of the MHCSD to enter the premises of such person for the purpose of disconnecting the service pipe or hose connection attached to the owner's plumbing for the purpose of supplying MHCSD water to any other parcel, the MHCSD General Manager shall immediately cause the water service to the premises of the person so refusing entry to be shut off.

(Ord. 4203(a) § 1 (part), 2003)

It shall be unlawful for any person to interfere or seek to interfere with the inspection by the MHCSD General Manager of any water line, water fixture, or water using or water distributing device to which MHCSD water is connected; provided that, before entering occupied dwellings or premises for the purpose of making an inspection, the consent of the occupant thereof shall be secured. If consent is not secured, the MHCSD General Manager shall take steps to effect an inspection as provided by law.

(Ord. 4203(a) § 1 (part), 2003)

In no case shall water service be restored to any premises when shut off as provided in this chapter unless the pipe leading thereto is directly connected with the water distribution main and unconnected from any other service pipe leading to any other premises, and except on approval of the MHCSD General Manager and payment of all past due accounts and the additional amount covering costs for shutting off and restoring water service as provided in the fee schedule adopted by the MHCSD Board of Directors.

(Ord. 4203(a) § 1 (part), 2003)

Whenever, from any cause, the MHCSD shall shut off any public or private fire hydrant or pipe carrying or discharging water from the MHCSD water distribution system, it shall be unlawful for any person to open such hydrant or pipe or to turn on or use any water from such hydrant or water pipe without first obtaining approval from the MHCSD General Manager as provided herein.

(Ord. 4203(a) § 1 (part), 2003)

If temporary water service is requested, underground water service taps shall be provided with the customer paying all costs and in sizes consistent with the capacity limits of the existing distribution system as determined by the MHCSD General Manager. The person requesting temporary water service shall furnish and install a reduced pressure principle backflow preventer, as determined by the MHCSD General Manager. If the MHCSD General Manager determines that it is impractical to furnish temporary water service through an underground water service tap, the General Manager may allow temporary water service from a public fire hydrant, with the customer paying all costs. Such permission shall be through the issuance of a permit that is either site specific and for a duration of sixty (60) days unless extended at the sole discretion of the General Manager or such permit may be for one (1) year's duration for water transport vehicles or portable water truck fill stations and are community-wide in application. The fee for such permits shall be the fee for the appropriate sized water meter required for such service as determined by the MHCSD General Manager, whether such meter is required to be installed or not.

(Ord. 4203(a) § 1 (part), 2003)

Alterations, changes of equipment or piping, improper operation or lack of maintenance that results in conditions that are hazardous or are potentially hazardous to the potable water supply, either within the premises or in public water lines shall be cause for the discontinuance of the supply of water to the premises until the hazard or potential hazard is abated to the satisfaction of the MHCSD General Manager.

In case of fire, or alarm of fire, or any situation which in the opinion of the MHCSD General Manager has the potential to contaminate the MHCSD water supply, or in making emergency repairs, the MHCSD shall have the right to shut off water from any consumer or number of consumers without notice, and to keep it shut off as long as it may be necessary.

(Ord. 4203(a) § 1 (part), 2003)

If the MHCSD General Manager determines that this chapter has been violated and an emergency shutoff is not warranted, the MHCSD General Manager shall send a written notice to the customer explaining the violation. If, within ten (10) days of receipt of the written notice, the customer has not remedied the violation or requested an administrative hearing, water service to the parcel may be discontinued until the violation has been remedied.

The written notice of an administrative hearing shall state that the customer may appear in person at a hearing before the MHCSD General Manager upon request for such a hearing by the customer. The request must be made to the MHCSD General Manager within ten (10) calendar days of service of the notice indicating that the water service will be discontinued. The request for hearing must contain information as to the customer's address for the purpose of service of the decision of the MHCSD General Manager. The MHCSD General Manager shall conduct an administrative hearing within thirty (30) days of receipt of the appeal and render a written decision as to whether this chapter has been violated within ten (10) days of the administrative hearing. At the conclusion of the hearing, the MHCSD General Manager may find that the customer has violated this chapter, and order termination of water service to that customer. The MHCSD General Manager shall determine the administrative costs and costs of discontinuance of service to be charged against the customer. If, after the hearing, it is determined that this chapter has not been violated, the MHCSD General Manager shall not assess costs of administration or costs of water service termination against the customer. The MHCSD General Manager may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. The decision of the MHCSD General Manager shall be final. If the customer wishes to appeal the decision of the MHCSD General Manager, the appeal shall be directed in writing to the MHCSD Board of Directors within three (3) calendar days after receipt of the MHCSD General Manager's decision (not including Saturday, Sunday or holidays). The MHCSD Board of Directors may hear the appeal at their next regularly scheduled meeting or a special meeting called for the purpose of reviewing the appeal. The decision of the MHCSD Board of Directors shall be made and a notice of the decision shall be served on the appellant within three (3) calendar days of the Board's decision, not including Saturdays, Sundays or holidays. Water service shall not be disconnected during the time the MHCSD General Manager or the Board of Directors is reviewing the matter and until three (3) calendar days, not including Saturdays, Sundays or holidays, after the written decision is served on the appellant. The decision of the Board of Directors shall be the final administrative decision.

(Ord. 4203(a) § 1 (part), 2003)

All swimming or wading pools or fish ponds above two hundred fifty (250) gallons in capacity, using water from the MHCSD water system or discharging to a public wastewater or storm water drainage system, shall be provided with a recirculating system equipped with an approved filter. The supply line shall be equipped with an approved air gap.

(Ord. 4203(a) § 1 (part), 2003)

No person, other than authorized employees of MHCSD or the agency providing fire service to MHCSD or other persons duly authorized by the MHCSD General Manager shall open or operate any public fire hydrant or attach any hose, tubing or pipe thereto for any purpose, without first obtaining a fire hydrant use permit from the MHCSD General Manager. Public use of the fire hydrant shall comply with conditions established by the MHCSD General Manager and subject to such fees and charges as may be established by the MHCSD Board. No person, whether authorized to open a public fire hydrant or not, shall leave a public fire hydrant open or leave the cap off the nozzle of a public fire hydrant after having ceased to use it. Any person that opens or operates a public fire hydrant, whether or not authorized as provided herein, shall indemnify and hold harmless the MHCSD, its officers and employees from any claims, actions, costs (including attorney fees), damages or other liability resulting or arising therefrom.

In the event that any person shall violate any provisions of this section, the MHCSD may require that person or the entity whom they represent to provide a cash deposit, equal to five (5) times the fire hydrant use fee as adopted by the MHCSD Board, as a condition of issuance for each and every fire hydrant use permit requested by that person or any other person representing the entity during the succeeding twelve (12) months. Said deposit shall be refunded after one (1) year if there are no further violations by that person or by any person representing the entity, but shall be forfeited if there are any violations during the one (1) year after issuance of the permit. If a person or person representing an entity commits more than three (3) violations during any five (5) year period, the MHCSD General Manager may refuse to issue any further fire hydrant use permits to that person or any person representing that entity.

(Ord. 4203(a) § 1 (part), 2003)

Unmetered water service connections providing water supply to private fire hydrants are subject to such fee as may be adopted by the MHCSD Board of Directors and shall be used for fire suppression purposes only, except as otherwise provided herein. It shall be a violation for the owner or business where private fire hydrants are installed to use or allow others to use private fire hydrants for any purpose other than fire suppression without obtaining the permission of the MHCSD General Manager. The MHCSD General Manager may require the property owner to purchase, install and maintain a detector check or similar device on each fire service provided to the property. The size, location and type of detector check or similar device shall be as determined by the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

No person shall block or obstruct any public or private fire hydrant in such a manner that interferes with its operation, maintenance or repair, or the attachment of a fire hose thereto. No person shall place upon or about any public or private fire hydrant, water gate or water meter connected with the MHCSD water distribution system any building material or other obstruction so as to prevent free access to the same at all times.

Whenever any fire protection facility, including but not limited to, public or private fire hydrant, or other appurtenances for use by the MHCSD fire service provider are required to be installed pursuant to this chapter, there shall be included in the development plan and delineated thereon adequate provision for access by fire fighting personnel and equipment to and from all such fire protection facilities. Such access shall be approved by the MHCSD General Manager and the owner may be required to dedicate to the MHCSD as a condition of approval of the development plan, an easement sufficient for access by fire fighting equipment to such fire protection facilities. All such access easement shall be maintained in such a manner as to provide clear and unobstructed ingress and egress by fire fighting personnel and equipment and/or maintenance personnel and equipment at all times.

(Ord. 4203(a) § 1 (part), 2003)

The recommendations, guidelines, and standards for fire protection facilities and adequate water flow published by the Insurance Service Office (ISO) are adopted as standards for fire protection facilities and adequate water flow. Water distribution facilities shall be designed to meet such standards in effect at the time the facility design is approved by the MHCSD General Manager.

When any land is to be developed in such a manner that any part of a proposed building or structure to be located thereon will be in excess of one hundred fifty (150) feet from the nearest public fire hydrant located, or to be located prior to the completion of the building or structure in a public street, alley or place, the owner or developer shall provide at the same time in the public street, alley, or place, or on-site, such fire protection facilities and adequate water flow for fire protection in accordance with provisions of this chapter. All facilities required to be installed shall be approved by and meet the specification of the MHCSD General Manager as to location, size and type of materials and manner of installation. The costs and expenses of installing and maintaining on-site fire protection facilities shall be the sole responsibility of the owner or developer of the land. The costs and expenses of installing off-site fire protection facilities, including main and branch mains, shall also be the sole responsibility of the owner or developer, and any costs incurred by the MHCSD in association with such fire protection facility installation either on-site or off-site shall be paid in full by the owner or developer before any water service connection is made, unless otherwise determined by the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

The MHCSD fire service provider shall review and comment on building permit applications filed with the San Joaquin County Building Division, if the proposed development will consist of one (1) or more buildings located upon a single parcel, or additions thereto, the total floor area of which, including that of any existing building located upon the same lot or parcel, will equal or exceed five thousand (5,000) square feet; or the proposed development will consist of one (1) or more buildings, or additions thereto, any one (1) of which exceeds either two (2) stories or thirty (30) feet in height.

The MHCSD General Manager shall approve the installation of the prescribed fire protection facilities and access ways prior to the final inspection and/or certificate of occupancy by the San Joaquin County Building Division.

(Ord. 4203(a) § 1 (part), 2003)

All on-site fire protection facilities shall at all times be maintained as installed, free of leaks and in good working order by the owner of the land, except that fire protection facilities may be altered or modified with the written consent of the MHCSD General Manager, if consistent with other provisions of this chapter. Maintenance of on-site fire protection facilities shall include, but not limited to, repainting external surfaces and hydrant identification numbers, clearing away weeds, shrubs and other accumulations of vegetation, lubricating operating nuts and stems, and replacing nozzle caps, chains and gaskets.

The MHCSD General Manager is hereby authorized to enter upon the land at reasonable times and in a reasonable manner to conduct periodic tests and inspections of such facilities. If the MHCSD General Manager determines that any on-site fire protection facilities are being maintained in such manner as not to meet the standards established by the MHCSD General Manager, the MHCSD General Manager shall order the owner to make such repairs, alterations, or additions as shall conform the facilities to such standards. The MHCSD General Manager shall designate a reasonable time within which such repairs, alterations, or additions are to be made and it shall be unlawful for any person so ordered to willfully fail or refuse to comply with such an order.

Without affecting the property owner's responsibility for maintenance, the MHCSD General Manager may inspect, service, test and/or repair private fire hydrants and the property owner shall be required to pay such fee for these services as may be established by the MHCSD Board of Directors. Whether or not inspection, servicing, testing or repair is performed by a property owner or the MHCSD, the property owner shall indemnify and hold harmless the MHCSD, its officers and employees from any claims, actions, costs (including attorney fees), damages or other liability resulting or arising from the condition of, or any failure to inspect, service, test or repair, any private fire hydrant located on the owner's property.

(Ord. 4203(a) § 1 (part), 2003)

A map showing the size and location of all water pipes and hydrants installed pursuant to this chapter and stating the material of which such pipes are made and the date of their installation and approval shall be filed with the MHCSD prior to the issuance of any occupancy permit under the provisions of the building code.

(Ord. 4203(a) § 1 (part), 2003)

Each customer receiving water, wastewater, storm water and refuse service provided by the District either directly, through contract or permit, shall be liable for the rates, charges and fees for that service as established by the MHCSD Board of Directors.

It shall be and is hereby made the duty of each customer to ascertain from the District the amount and due date of any rates, charges and fees for which the customer is liable. It shall also be and is hereby made the duty of each customer liable for the rates, charges and fees to inform the District immediately of all circumstances, and of any change(s) in any circumstances which will in any way affect the applicability or the amount of any rates, charges and fees to premises where water, wastewater, storm water or refuse service is being received.

(Ord. 4203(a) § 1 (part), 2003)

The MHCSD General Manager may cause to be accomplished any extra work or service that the MHCSD General Manager deems reasonably necessary to provide water service to a property within the MHCSD in a manner that maintains the safety of the District's water supply. The MHCSD General Manager may cause the cost thereof to be added to the regular billing for such water service and to be collected in the same manner as other utility service charges are collected.

(Ord. 4203(a) § 1 (part), 2003)

Water service charges, imposed for water service to a customer, shall be collected together with the charges for any other utility and solid waste collection service rendered to the customer by the District either directly, through contract or permit. Such water service charges shall be billed upon the same bill and collected as one (1) item with such other utility and refuse collection charges, unless other arrangements are approved by the MHCSD General Manager.

If all of the bill is not paid within ten (10) days following its due date, the MHCSD General Manager may order the shut off of any and all utility services for which the bill is rendered, including but not limited to water, wastewater storm water service and refuse collection service and pursuant to such procedures as may be required in state law.

Shutoff of any utility service shall not result in the cessation of monthly charges for such services.

(Ord. 4319 § 2, 2007: Ord. 4203(a) § 1 (part), 2003)

In each case where all or any part of any charges for water, wastewater, storm water and solid waste collection services remains unpaid thirty (30) days after the due date shown on the bill, a penalty of ten percent (10%) of the total amount of such overdue charges shall be added to such subsequent bill for those overdue charges and for each succeeding bill that all or any part of the overdue charges remain unpaid, an additional one percent (1%) of the total amount of such overdue charges shall be added to the bill until the overdue charges are paid. A postmark date is not considered proof of payment.

(Ord. 4203(a) § 1 (part), 2003)

The MHCSD General Manager may adjust or refund such charges for water, wastewater, storm water or solid waste collection services as the MHCSD General Manager may deem inequitable, penalty charges under extenuating circumstances, cancellation of duplicate billings, refund of duplicate payments and refunds of amounts due to customers on closed accounts. Refunds on closed accounts of ten dollars ($10.00) or less will not be made unless a specific request is received from the party to whom the refund is to be made. The MHCSD General Manager may cancel all amounts owed on closed accounts with a balance due MHCSD of twenty dollars ($20.00) or less.

All adjustments or refunds may be credited to the customer's account or refunded directly to the customer upon request by the customer and approval by the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

In the event that water service to any premises is shut off for nonpayment, the water shall not be turned on until the amount due and a fee established by the MHCSD Board of Directors to cover the cost of making a service call to turn on the water are paid in full, unless otherwise approved by the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

Any customer found by the MHCSD to be in violation of any of the provisions of this chapter shall be deemed guilty of an infraction with each day such violation is committed or permitted to continue after written notice has been served on the customer by the MHCSD General Manager or the Board of Directors shall constitute a separate offense and shall be punishable as such. The MHCSD may elect to prosecute such violation as an infraction(s) or as a civil violation(s) with fines or surcharges, or as both an infraction and a civil violation.

(Ord. 4203(a) § 1 (part), 2003)

The MHCSD General Manager is hereby authorized to and may perform all of the provisions of this chapter and is empowered to make interpretations of this chapter whenever a question may arise as to the necessity for, manner or method in which materials, meters, backflow control devices or other equipment shall be installed.

(Ord. 4203(a) § 1 (part), 2003)

If any provisions of this chapter are held to be unconstitutional, that portion or part thereof will be severed from the remainder and the remainder will be given full force and effect.

(Ord. 4203(a) § 1 (part), 2003)

The remedies and penalties provided for in this chapter shall be cumulative and shall be in addition to any or all other remedies available to the MHCSD General Manager and the MHCSD Board of Directors of the Mountain House Community Services District.

(Ord. 4203(a) § 1 (part), 2003)

The following words when used in any provision of this chapter shall be construed to have the following meaning:

(a) "Board of Directors" means the Board of Directors of the Mountain House Community Services District (MHCSD).

(b) "Customer" or "water consumer" means any customer, firm, partnership, business, corporation, district, or governmental agency that receives water from the MHCSD.

(c) "General Manager" means the General Manager of the Mountain House Community Services District (MHCSD).

(d) "Landscape irrigation" means the water distribution facilities used to convey irrigation water to public and private landscaping.

(e) "Water" means potable water supplied by the MHCSD to customers within its jurisdiction.

(Ord. 4056 (part), 2000)

The provisions of this chapter shall apply to all customers using water within the boundaries of the MHCSD.

(Ord. 4056 (part), 2000)

It shall be unlawful for any customer to use water for any of the following:

(a) For exterior irrigation including, but not limited to, public, private and commercial locations as follows:

(1) Irrigation in non-public areas shall be prohibited between the hours of 11:00 a.m. to 6:00 p.m. during the period of May 1st to October 1st.

(2) Irrigation in public areas shall be prohibited between the hours of 6:00 a.m. to 7:00 p.m.

(3) Exceptions to the above regulations:

(i) Drip and/or mist irrigation systems.

(ii) Other uses which cannot reasonably comply with the above regulations due to the large size, normal hours of use or type of use of the area to be irrigated may be excepted upon approval of the General Manager of a water conservation plan which meets the goals of reduction and conservation.

(b) To allow the escape of water through leaks, breaks or malfunction within the customer's plumbing or distribution system for any period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of twenty-four (24) hours after the customer discovers such break, leak or malfunction, or receives notice from the MHCSD, is a reasonable time within which to correct such condition or to make arrangements for correction. If the leak, break or malfunction is discovered on a Sunday or legal holiday, then it is presumed that the twenty-four (24) hour period would begin at 12:00 midnight at the end of the Sunday or legal holiday.

(c) The use of water for washing vehicles or boats, and cleaning buildings or mobile home exteriors, except when using a shut-off nozzle on the hose.

(d) The operation of any non-self-service commercial car washes unless the soap/water for such use is reclaimed.

(e) Provide water to patrons in restaurants except when specifically requested by the patrons.

(f) Use of water in publicly displayed ornamental fountains in public or commercial establishments, except when specifically approved by the MHCSD.

(g) Use of water to wash driveways, sidewalks, patios, parking lots, aprons and other similar exterior surfaces, except for sanitation, public health and safety, and fire protection purposes.

(h) The indiscriminate running of water or washing with water not otherwise prohibited above which is wasteful and without reasonable purpose and which is evidenced by the runoff of water from the property or into drainage facilities for more than ten (10) minutes.

(i) Obtain water from a fire hydrant, except for construction purposes and other purposes specifically authorized by the General Manager.

(j) Use of water for dust control purposes except for recycled, reclaimed or other non-potable water, except for health or safety purposes.

(Ord. 4056 (part), 2000)

(a) Whenever the MHCSD becomes aware of a customer violating, causing or permitting a violation of the provisions of this chapter, a written notice stating the nature of the violation shall be delivered to the customer at the premises by personal services or by first class mail and by posting in a conspicuous location at the premises. A copy of the notice shall be mailed to the customer who is regularly billed for use of water at the premises. All such notices also may be given to any other person known to the MHCSD who is responsible for the violation or the correction thereof, including a property owner of record where the owner rents the premises. The notice shall describe the nature of the violation and order that the violation be corrected, cured or abated immediately or within such specified period as the MHCSD believes is reasonable under the circumstances. The warning shall include a statement that upon a subsequent violation a flow restrictor may be installed on the water line to the premises.

(b) Upon occurrence of a second violation or failure to immediately correct, cure or abate a violation, a second notice shall be served, as provided above. The notice shall (1) order the immediate correction, cure or abatement of the violation, (2) state that a flow restrictor will be installed on the water line to the premises for at least forty-eight (48) hours time period, and (3) impose a fine or a surcharge of fifty dollars ($50.00) to cover the cost of installing and removing the restrictor. The fine shall be paid prior to removal of the restrictor. In the event that there is a third or subsequent violation for which notice is served as provided above, the MHCSD shall have the option to install a flow restrictor in the water line to the premises. The flow restrictor may not be removed by the MHCSD until fourteen (14) calendar days have elapsed from the date of installation and the fine, which is provided for in this section, has been paid.

(c) In the event that the flow restrictor installed by the MHCSD is bypassed or removed by other persons than the MHCSD, then the MHCSD may install a new flow restrictor on the water line to the premises. In addition, the MHCSD has the option to disconnect the service to the premises. Resident and owner of the premises will be jointly and severally responsible for the payment of fifty dollars ($50.00) per flow restrictor, which is installed by the MHCSD. Notice shall be given as set out under Subsection (a) of this section that an additional flow restrictor has been installed on the water line and that water to the premises will be disconnected. The decision for disconnection of water service may be appealed, within three (3) calendar days of service of the notice to the General Manager, or his designee. The appeal must contain information as to appellant's address for the purpose of service of the decision of the General Manager. Service of the decision shall be considered complete upon leaving a copy of the decision at the address supplied by appellant and mailing the same to the address.

The General Manager shall review the matter and issue a written decision concerning (1) the disconnection of water service, installation of flow restrictors, and (2) payment of fines, surcharges and installation costs. The decision shall be made and served on appellant within three (3) calendar days of receipt of appellant's written appeal. If the appellant wishes to appeal the decision of the General Manager, the appeal shall be directed in writing to the Board of Directors within three (3) calendar days after receipt of the General Manager's decision (not including Saturday, Sunday or holidays). The Board of Directors may hear the appeal at their next regularly scheduled meeting or a special meeting called for the purpose of reviewing the appeal. The decision of the Board of Directors shall be made and a notice of the decision shall be served on the appellant within three (3) calendar days of the Board's decision, not including Saturdays, Sundays or holidays. Water service shall not be disconnected nor shall there be an installation of additional flow restrictors during the time the General Manager or the Board of Directors is reviewing the matter and until three (3) calendar days, not including Saturdays, Sundays or holidays, after the written decision is served on the appellant. The decision of the Board of Directors, concerning the installation of the flow restrictors, disconnection of water service, and payment of fines, surcharges and installation costs shall be the final administrative decision.

(d) In the event that a flow restrictor is to be installed pursuant to this chapter, as provided within this section, MHCSD shall be granted access to the water lines for installation and maintenance of the flow restrictor. The MHCSD shall not be responsible for the costs of landscaping, sheds, sidewalks or other alterations to the property of resident which are required to gain access to water lines in order to perform the installations and maintenance.

(e) Violation of the provisions of this chapter shall be deemed an infraction with each day such violation is committed or permitted to continue constituting separate offenses and punishable as such. The MHCSD may elect to prosecute such violation as an infraction(s) or as a civil violation(s) with fines or surcharges as set out above, or as both an infraction and as a civil violation.

(Ord. 4056 (part), 2000)

Any customer found by the MHCSD to be in violation of any of the provisions of this chapter shall be deemed guilty of an infraction. Each day such violation is committed or permitted to continue after written notice has been served on the customer by the General Manager or the Board of Directors shall constitute a separate offense and shall be punishable as such. Said violation shall be in addition to the fines or surcharges established in this chapter.

(Ord. 4056 (part), 2000)

The General Manager is hereby authorized to and may perform all the provisions of this chapter.

(Ord. 4056 (part), 2000)

If any provisions of this chapter are held to be unconstitutional, that portion or part thereof will be severed from the remainder and the remainder will be given full force and effect.

(Ord. 4056 (part), 2000)

The remedies and penalties provided for in this chapter shall be cumulative and shall be in addition to any of all other remedies available to the General Manager and the Board of Directors of the Mountain House Community Services District.

(Ord. 4056 (part), 2000)

The following terms are defined for the purpose of this chapter:

(a) "Allocation" means the calculated percentage of the amount of water delivered to each customer's property during the corresponding monthly billing period of the base year for which no penalty or surplus use charges shall be imposed.

(b) "Applicant" means a customer, firm, partnership, business, corporation, district or governmental agency that requests or receives water from the MHCSD.

(c) "Base year" means the calendar year of 2001 or any other period established by resolution of the Board of Directors.

(d) "Board of Directors" means the Board of Directors of the Mountain House Community Services District (MHCSD).

(e) "Customer" or "water consumer" means any customer, firm, partnership, business, corporation, district, or governmental agency that receives water from the MHCSD.

(f) "General Manager" means the General Manager of the MHCSD duly appointed by the Board of Directors.

(g) "Process water" means water used to manufacture, alter, convert, clean, grow, heat or cool a product, including water used in laundries and car wash facilities.

(h) "Water" means potable water supplied by the MHCSD to customers within its jurisdiction.

(Ord. 4056 (part), 2000)

This chapter sets forth water shortage emergency conditions which exist within the boundary of the Mountain House Community Services District (MHCSD), as declared by resolution of the Board of Directors. These regulations shall become effective with the effective date of the ordinance that includes the provisions of this chapter. A water shortage emergency declaration shall be in effect upon proper findings made by the Board of Directors after a public hearing and shall remain in effect until the Board of Directors finds and declares by resolution that the water shortage emergency condition has abated, has changed in degree or no longer exists.

(Ord. 4056 (part), 2000)

The Board of Directors shall make the findings below prior to enforcement of the provisions of this chapter:

(a) The Board of Directors shall conduct duly noticed public hearings for the purpose of determining whether a water shortage emergency condition exists and, if so, the degree of the emergency and what regulations and restrictions should be enforced in response to the shortage.

(b) The Board of Directors shall adopt a resolution which declares that a water shortage emergency condition exists, the facts and conclusions which support such a declaration and that the ordinary water demands and requirements of water consumers within the MHCSD cannot be satisfied.

(c) The regulations set forth in this chapter are necessary and proper to protect and conserve the water supply for human consumption, sanitation, and fire protection during the duration of the water shortage emergency condition.

(d) The regulations set forth in this chapter shall remain enforceable to the extent declared by the Board of Directors and until such time as the Board of Directors finds that the water shortage emergency no longer exists.

(Ord. 4056 (part), 2000)

In the event the provisions of this section are inconsistent with other sections of this chapter, this section shall prevail. During Stage 2, 3, 4 and 5 emergencies, the following wasteful uses shall be prohibited:

(a) Any use of potable water from any fire hydrant is prohibited, except by regularly constituted fire protection agencies for fire suppression purposes or by the MHCSD, when alternate water sources or recycled water sources are available. The decision as to the availability of alternate water sources shall be that of the General Manager. In the absence of alternate water sources or reclaimed water sources, use of potable water from a hydrant may be used provided a permit for such use is approved by the MHCSD.

(b) Use of potable water for dust control purposes except for public health or safety purposes, except when specifically authorized by the General Manager.

(c) Irrigation of exterior landscaping, turf areas, open ground, crops, trees, grass, lawn, ground cover, shrubbery, or decorative plantings between the hours of 11:00 a.m. and 6:00 p.m. during the period of May 1st to October 1st, except irrigation by drip or mist irrigation systems which shall not be restricted as to hours.

(d) Irrigation of exterior landscaping, turf areas, open ground, crops, trees, grass, lawn, ground cover, shrubbery, or decorative plantings in such a manner or extent that allow water to run off or escape from the premises or to be wasted.

(Ord. 4056 (part), 2000)

(a) The following classes of water use are established:

(1) "Residential" which shall consist of water service to land improved with structures designed to serve as a residence for human habitation.

(2) "Multiple-family residential" which shall consist of water service to land improved with structures designed to serve as a residence for more than a single family, including apartments, condominiums, townhouses, and the like where more than one unit is served by a single meter.

(3) "Nonresidential" which shall consist of water service to land improved with structures designed to serve uses other than residential uses and land without structures but used for agricultural purposes. The following kinds of water use are, without limitation, designated as nonresidential: commercial, industrial, agricultural, municipal, schools, and churches.

(4) "Process water users" which shall consist of nonresidential users which utilize water primarily to manufacture, alter, convert, clean, grow, heat or cool a product, including laundries and vehicle wash facilities.

(5) "Construction water" which is required for construction purposes.

(6) "Aesthetic water features" which are man-made lakes, ponds, ornamental fountains, or other water features that have been specifically approved by the Board of Directors.

(b) No customer shall use MHCSD water for permitted uses in excess of the respective allocation for each class of service within each stage of water shortage emergency.

(Ord. 4056 (part), 2000)

The following stages of water shortage emergency are established. Upon declaration of the Board of Directors that an emergency condition exists, the Board of Directors shall declare the degree of emergency and identify the applicable stage and the regulations, which shall be enforceable for each respective stage. During Stages 2, 3, 4 and 5 additional restrictions on water use shall be enforceable as stated in Section MH-5-3503 of this chapter.

(a) Stage 1—Mandatory Water Conservation. Upon a finding made by the Board of Directors that a Stage 1 water shortage emergency exists, the regulations set out in Chapter MH-4, Water Conservation, presently enacted or amended, shall be enforceable as to all water users.

(b) Stage 2—Water Shortage Emergency. Upon declaration of the Board of Directors that a Stage 2 water shortage emergency exists, the following regulations shall be applicable to all customers of the MHCSD customer's water system:

(1) Residential Accounts. Residential accounts shall use no more than ninety percent (90%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential accounts shall receive an allocation of less than six hundred (600) cubic feet (6CCF) of water per billing period.

(2) Multiple-Family Residential Accounts. Multiple- family residences which are served by a single meter shall use no more that ninety percent (90%) of the total quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than four hundred (400) cubic feet (4CCF) of water per unit served on a single meter.

(3) Nonresidential Accounts. Nonresidential accounts shall use no more than ninety percent (90%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.

(4) Process-Water User Accounts. Process-water users shall use no more than one hundred percent (100%) of the quantity of water as recorded by meter during the corresponding billing period during the base year.

(5) Construction Water. There will be no restriction of the use of potable water for construction purposes.

(6) Aesthetic Water Features. There will be no restriction of the use of potable water for aesthetic water uses.

(c) Stage 3—Water Shortage Emergency. The following regulations shall be applicable to all customers of the MHCSD's water system:

(1) Residential Accounts. Residential accounts shall use no more than eighty percent (80%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than six hundred (600) cubic feet (6CCF) of water per billing period.

(2) Multiple-Family Residential Accounts. Multiple-family residences which are served by a single meter shall use no more than eighty percent (80%) of the total quantity of water delivered to the customer's property as recorded by the meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than four hundred (400) cubic feet (4CCF) of water per unit served on a single meter.

(3) Nonresidential Accounts. Nonresidential accounts shall use no more than eighty percent (80%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.

(4) Process-Water User Accounts. Process-water users shall use no more than ninety percent (90%) of the quantity of water as recorded by meter during the corresponding billing period during the base year.

(5) Construction Water. All existing potable water uses for construction purposes shall be cut back by fifty percent (50%). All new requests for potable water for construction shall be rejected by the General Manager.

(6) Aesthetic Water Features. The supply of potable water for aesthetic water uses shall be cut back by fifty percent (50%). Potable water to ornamental fountains shall be turned off.

(d) Stage 4—Water Shortage Emergency. The following resolutions shall be applicable to all customers of the MHCSD water system:

(1) Residential Accounts. Residential accounts shall use no more than seventy percent (70%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than six hundred (600) cubic feet (6CCF) of water per billing period.

(2) Multiple-Family Residential Accounts. Multiple-family residences which are served by a single meter shall use no more than seventy percent (70%) of the total quantity of water delivered to the customer's property as recorded by the meter during the corresponding billing during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than four hundred (400) cubic feet (4CCF) of water per unit served on a single meter.

(3) Nonresidential Accounts. Nonresidential accounts shall use no more than seventy percent (70%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.

(4) Process-Water User Accounts. Process-water users shall use no more than ninety percent (90%) of the quantity of water as recorded by meter during the corresponding billing period during the base year.

(5) Construction Water. All existing potable water use for construction purposes shall cease. All new requests for potable water for construction shall be rejected by the General Manager.

(6) Aesthetic Water Features. All potable water for aesthetic water uses shall be turned off.

(e) Stage 5—Water Shortage Emergency. The following resolutions shall be applicable to all customers of the MHCSD water system:

(1) Residential Accounts. Residential accounts shall use no more than sixty percent (60%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than six hundred (600) cubic feet (6CCF) of water per billing period.

(2) Multiple-Family Residential Accounts. Multiple-family residences which are served by a single meter shall use no more than sixty percent (60%) of the total quantity of water delivered to the customer's property as recorded by the meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than four hundred (400) cubic feet (4CCF) of water per unit served on a single meter.

(3) Nonresidential Accounts. Nonresidential accounts shall use no more than sixty percent (60%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.

(4) Process-Water User Accounts. Process-water users shall use no more than eighty percent (80%) of the quantity of water as recorded by meter during the corresponding billing period during the base year.

(5) Construction Water. All existing potable water use for construction purposes shall cease. All new requests for potable water for construction purposes shall be rejected by the General Manager.

(6) Aesthetic Water Features. All potable water for aesthetic water uses shall be turned off.

(Ord. 4056 (part), 2000)

(a) The General Manager shall classify each and calculate each customer's allocation. Each customer shall be notified of the General Manager's determination by mail deposited in the United States Postal Service.

(b) Establishment allocations with no customer use history:

(1) Residential. All residential customers with no water use history at the current property address shall be assigned an allocation for single or multiple-family residential accounts, as determined by the General Manager, on the basis of usage by similarly situated customers or on such basis as may be fair and equitable under all the circumstances.

(2) Other Use Classifications. In order to determine water use allocations for a new nonresidential use, for a change in property use, or for a customer with no water use history at the current address, an application by the customer shall be submitted to the General Manager designating the intended use of the property, the square footage, and number of employees. An allocation will be determined by the General Manager after reviewing the above factors as well as comparing water use for similar types of construction and property uses, averaging the water use and applying the appropriate percentage reduction to this account.

(Ord. 4056 (part), 2000)

(a) All applicants for an increase in allocation must submit an application in writing to the MHCSD on an application form provided by the General Manager.

(b) The General Manager will review requests for increased allocations and the General Manager shall determine if the application is approved, approved with modification, or denied.

(c) All residential applicants for an additional allocation based on additional person residing at the residence shall show proof of residency for all residents at the property.

(d) Water allocations may be adjusted by the General Manager upon written application where the requested adjustment is found to be reasonably necessary. Factors for consideration shall include without limitation:

(1) Additional people residing full time at the residence.

(2) Unusual medical needs.

(3) Change of property use.

(4) Where a MHCSD audit of nonresidential customer's water-using appliances and usage shows that all reasonable conservation measures are being employed and the applicant provides a conservation plan demonstrating the measures employed and compliance with the plan.

(5) Where a nonresidential customer has demonstrated growth in business volume over the base year in providing a water-related service to the public, the allocation may be adjusted at the discretion of the General Manager.

(6) Hospitals, health care facilities, nursing care facilities, health clinics, and similar users may be excepted from the percentage reductions provided that a water conservation plan demonstrating reductions in consumption to the maximum extent feasible without jeopardizing patient care is approved by the General Manager.

(e) A decision in writing shall be mailed to the applicant within fifteen (15) days of the receipt of the application.

(Ord. 4056 (part), 2000)

(a) Procedure. Any customer may appeal for reconsideration of the General Manager's classification of use, allocation or determination of a request for an increase in allocation on the basis of hardship or incorrect calculation. Appeals for reconsideration shall be processed as set forth below.

(1) Any customer appealing for reconsideration of the classification or allocation shall do so in writing to the General Manager by either using forms provided by the MHCSD or by letter setting forth in detail the reasons for the appeal.

(2) The appeal for reconsideration shall be reviewed by the General Manager and a site visit scheduled if required.

(3) If an appeal for reconsideration is sustained, a condition of approval may include a requirement for the installation of water efficient plumbing fixtures and/or irrigation systems.

(4) The General Manager shall review all appeals for reconsideration and make decisions on the appeal.

(5) If an applicant disagrees with the General Manager's decision, the decision may be appealed in the same procedural manner as specified in Subsection (a) of this section to the Board of Directors. If an appeal to the Board of Directors is requested, the customer shall be notified of a hearing date by mail. Such hearing shall be scheduled within thirty (30) days of filing the appeal. A decision shall be forwarded to the applicant within fifteen (15) days after completion of the hearing.

(b) Each appeal to the Board of Directors shall be accompanied by the payment of an appeal fee in an amount set by resolution of the Board of Directors from time to time to defray the costs of the appeal to the MHCSD.

(Ord. 4056 (part), 2000)

(a) The first billing period after the effective date of the Board of Director's declaration of a water shortage emergency or the effective date stated in said resolution shall be considered an adjustment period during which no penalties will be imposed for water usage in excess of the allocation.

(b) Beginning with the second billing period after the effective date and except as provided in Subsection (c) of this section, any customer who exceeds the established allocation in any monthly billing cycle shall pay an excess use charge in addition to all other charges. The excess use charge shall be based on a rate scheduled as specified from time to time by resolution of the Board of Directors.

(c) No excess use charge shall be imposed in the following circumstances:

(1) Multiple-family residential customers whose consumption is four hundred (400) cubic feet (4CCF) per unit or less during any billing period.

(2) All other customers whose consumption is six hundred (600) cubic feet (6CCF) or less during any billing period.

(d) Installation of Flow Restrictors.

(1) After the issuance of one (1) written warning for violation of the provisions of this chapter, or for any use of water which is prohibited, the MHCSD may install a flow restricting device on the customer's water service which shall remain in place for a period of not less than forty-eight (48) hours and until the customer has paid the removal charges set forth below. The device shall not be removed except by the MHCSD.

(2) If the customer, after removal of a flow restricting device by the MHCSD, shall again violate the provisions of this chapter, the MHCSD may install a flow restricting device which shall remain for a period of at least two (2) weeks and until payment of removal of the flow restricting device by the MHCSD.

(3) Further violations, removal of or bypassing the flow restricting device may result in termination of water service. Upon a determination by the General Manager that service shall be terminated, written notice of intent to disconnect shall be mailed to the customer. Said notice shall be mailed to the resident and any other customer or entity known to the MHCSD who is responsible for the violation or correction of the violation, including the property owner in the case of rentals. A request for hearing on the discontinuance of service shall be requested within five (5) days of mailing the notice. A hearing before the General Manager shall be held within three (3) days of expiration of the period for requesting a hearing. The General Manager's final decision shall be mailed to the responsible parties within three (3) days of the hearing. If the final decision is to discontinue service, the discontinuance shall not occur less than three (3) days after the mailing of the General Manager's final decision.

(4) Removal Charges. The charge for removal of a flow-restricting device shall be based on the rate schedule as established from time to time by resolution of the Board of Directors. In the case of rentals, the customer or entity occupying the premises and the owner shall be jointly and severally responsible for payment of said costs.

(5) Any of the actions stated in Subsections (d)(1) through (4) of this section above may be appealed to the Board of Directors by the customer upon submitting a written appeal notice to the General Manager. The MHCSD will remove the flow restrictor pending a decision of the Board of Directors on the appeal.

(Ord. 4056 (part), 2000)

Any customer found by the MHCSD to be in violation of any of the provisions of this chapter shall be deemed guilty of an infraction. Each day such violation is committed or permitted to continue after written notice has been served on the customer by the General Manager or the Board of Directors shall constitute a separate offense and shall be punishable as such. Said violation shall be in addition to the fines or surcharges established in this chapter.

(Ord. 4056 (part), 2000)

The General Manager is hereby authorized to and may perform all the provisions of this chapter.

(Ord. 4056 (part), 2000)

If any provisions of this chapter are held to be unconstitutional, that portion or part thereof will be severed from the remainder and the remainder will be given full force and effect.

(Ord. 4056 (part), 2000)

The remedies and penalties provided for in this chapter shall be cumulative and shall be in addition to any of all other remedies available to the General Manager and the Board of Directors of the Mountain House Community Services District.

(Ord. 4056 (part), 2000)

The purpose of this chapter is: (1) to protect the public water supply against actual or potential contamination that may occur within a water user's premises because of some undiscovered or unauthorized cross-connection on the premises; (2) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) to eliminate cross-connections between drinking water systems and sources of contamination; (4) to prevent the making of cross-connections in the future.

These regulations are adopted pursuant to the State of California Administrative Code Title 17 - Public Health entitled "Regulations Relating to Cross-Connections."

It is unlawful for any person, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross-connection between plumbing pipes or water fixtures being served with water by the District 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 District and/or the service of water pipes or fixtures of any consumer of the District.

(Ord. 4192 § 1 (part), 2003)

The following words when used in any provision of this chapter shall be construed to have the following meaning:

(a) Air-Gap Separation. The term "air-gap separation" means a physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one inch (1″).

(b) Approved Backflow Prevention Device. The term "approved backflow prevention device" shall mean devices which have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the California Department of Health Services.

(c) Approved Water Supply. The term "approved water supply" means any water supply whose potability is regulated by a state or local health agency.

(d) Auxiliary Supply. The term "auxiliary supply" means any water supply on or available to the premises other than the approved water supply.

(e) AWWA Standards. The term "AWWA Standard" means an official standard developed and approved by the American Water Works Association (AWWA).

(f) Backflow. The term "backflow" shall mean a flow condition, caused by a differential in pressure that causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source. Back siphonage is one cause of backflow. Back pressure is the other cause.

(g) Contamination. The term "contamination" means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health, or which may impair the usefulness or quality of the water.

(h) Cross-Connection. The term "cross-connection" as used in this chapter means any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections.

(i) Double Check Valve Assembly. The term "double check valve assembly" means an assembly of at least two (2) independently acting check valves including tightly closing shut-off valves on each side of the check valve assembly and test cocks available for testing the water tightness of each check valve.

(j) Health Agency. The term "health agency" means the California Department of Health Services, or the local health agency with respect to a small water system.

(k) Local Health Agency. The term "local health agency" means the county or city health authority.

(l) Person. The term "person" means an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution.

(m) Premises. The term "premises" means any and all areas on a water user's property which are served by the public water system.

(n) Public Water System. The term "public water system" means a system for the provision of piped water to the public for human consumption that has five (5) or more service connections or regularly serves an average of twenty-five (25) individuals daily at least sixty (60) days out of the year.

(o) Reclaimed Water. The term "reclaimed water" means a wastewater, which as a result of treatment, is suitable for uses other than potable use.

(p) Reduced Pressure Principle Backflow Prevention Device. The term "reduced pressure principle backflow prevention device" means a device incorporating two (2) or more check valves and an automatically operating differential relief valve located between the two (2) checks, a tightly closing shut-off valve on each side of the check valve assembly, and equipped with necessary test cocks for testing.

(q) Service Connection. The term "service connection" refers to the point of connection of a user's piping to the water supplier's facilities.

(r) Water Supplier. The term "water supplier" means the person who owns or operates the approved water supply system.

(s) Water User. The term "water user" means any person obtaining water from an approved water supply system.

(Ord. 4192 § 1 (part), 2003)

(a) General Provisions.

(1) Unprotected cross-connections with the public water supply are prohibited.

(2) Whenever backflow protection has been found necessary, the District will require the water user to install an approved backflow prevention device by and at his expense for continued services or before a new service will be granted.

(3) Wherever backflow protection has been found necessary, on a water supply line entering a water user's premises, then any and all water supply lines from the District's mains entering such premises, buildings, or structures shall be protected by an approved backflow prevention device. The type of device to be installed will be in accordance with the requirements of this chapter.

(b) Where Protection Is Required.

(1) Each service connection from the District water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system unless the auxiliary water supply is accepted as an additional source by the District, and is approved by the public health agency having jurisdiction.

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

(3) Backflow prevention devices shall be installed on the service connection to any premises having (a) internal cross-connections that cannot be permanently corrected and controlled to the satisfaction of the state or local health department and the District, or (b) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross-connections exist.

(c) Type of Protection Required.

(1) The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer's premises. The type of protective device that may be required (listing in an increasing level of protection) includes: double check valve assembly (DC), reduced pressure principle backflow prevention device (RP), and an air-gap separation (AG). The water user may choose a higher level of protection than required by the District. The minimum 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 District or health agency.

Table 1

TYPE OF BACKFLOW REQUIRED

---

(2) Two (2) or more services supplying water from different street mains to the same building structure, or premises through which an inter-street main flow may occur shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. Such check valve shall not be considered adequate if backflow protection is deemed necessary to protect the District's mains from pollution or contamination; in such cases the installation of approved backflow devices at such service connections shall be required.

(Ord. 4192 § 1 (part), 2003)

(a) Approved Backflow Prevention Devices.

(1) Only backflow prevention devices which have been approved by the District shall be acceptable for installation by a water user connected to the District's potable water system.

(2) The District will provide, upon request, any affected customer with a list of approved backflow prevention devices.

(b) Backflow Prevention Device Installation.

(1) Backflow prevention devices shall be installed in a manner prescribed in Section 7603, Title 22 of the California Administrative Code. Location of the devices should be as close as practical to the user's connection. The District shall have the final authority in determining the required location of a backflow prevention device.

(A) Air-Gap Separation (AG). The air-gap separation shall be located on the user's side 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 (2) pipe diameters of the supply inlet, but in no case less than one inch (1″) above the overflow rim of the receiving tank;

(B) Reduced Pressure Principle Backflow Prevention Device (RP). The approved reduced pressure principle backflow prevention device shall be installed on the user's side of and as close to the service connection as is practical. The device shall be installed a minimum of twelve inches (12″) above grade and not more than thirty-six inches (36″) above grade measured from the bottom of the device and with a minimum of twelve inches (12″) side clearance. The device 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 device shall be protected in a manner approved by the District;

(C) Double Check Valve Assembly (DC). The approved double check valve assembly shall be located as close as practical to the user's 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 (6″) between the bottom of the vault and the bottom of the device, so that the top of the device is no more than a maximum of eight inches (8″) below grade, so there is a minimum of six inches (6″) of clearance between the side of the device with the test cocks and the side of the vault. Special consideration must be given to double check valve assemblies of the "Y" type. These devices 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 device. Vaults which do not have an integrated bottom must be placed on a three-inch (3″) layer of gravel.

(c) Backflow Prevention Device Testing and Maintenance.

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

(2) The District will supply affected water users with a list of persons acceptable to the District to test backflow prevention devices. The District will notify affected customers by mail when annual testing of a device is needed and also supply users with the necessary forms which must be filled out each time a device is tested or repaired.

(d) Backflow Prevention Device Removal.

(1) Approval must be obtained from the District before a backflow prevention device is removed, relocated, or replaced.

(A) Removal. The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the District to verify that a hazard no longer exists or is not likely to be created in the future;

(B) Relocation. A device may be relocated following confirmation by the District that the relocation will continue to provide the required protection and satisfy installation requirements. A retest will be required following the relocation of the device;

(C) Repair. A device may be removed for repair, provided the water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with other backflow protection approved by the District. A retest will be required following the repair of the device; and

(D) Replacement. A device may be removed and replaced provided the water use is discontinued until the replacement device is installed. All replacement devices must be commensurate with the degree of hazard involved.

(Ord. 4192 § 1 (part), 2003)

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

(Ord. 4192 § 1 (part), 2003)

(a) Water System Survey.

(1) The District shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the District upon request for review of possible cross-connection hazards as a condition of service for new service connections. If it is determined that a backflow prevention device is necessary to protect the public water system, the required device must be installed before service will be granted.

(2) The District may require an on-premise inspection to evaluate cross-connection hazards. The District 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-premise inspection of his/her piping system shall be required to install the backflow prevention device the District considers necessary.

(3) The District may, at its discretion, require a re-inspection for cross-connection hazards of any premise to which it serves water. The District 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-premise inspection of his/her piping system shall be required to install the backflow prevention device the District considers necessary.

(b) Customer Notification—Device Installation.

(1) The District will notify the water user of the survey findings listing the corrective actions to be taken if any are required. A period of sixty (60) days will be given to complete all corrective actions required, including installation of backflow prevention devices.

(2) 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 sixty-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 District may terminate water service to the affected water user until the required corrective actions are taken.

(Ord. 4192 § 1 (part), 2003)

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

(b) 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:

(1) Refusal to install a required backflow prevention device;

(2) Refusal to test a backflow prevention device;

(3) Refusal to repair a faulty backflow prevention device;

(4) Refusal to replace a faulty backflow prevention device;

(5) Direct or indirect connection between the public water system and a sewer line;

(6) Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;

(7) Unprotected direct or indirect connection between the public water system and an auxiliary water system;

(8) A situation that presents an immediate health hazard to the public water system.

(c) Water Service Termination Procedures.

(1) For conditions noted in Subsection (b)(1), (b)(2), (b)(3) or (b)(4) of this section, the District will terminate service to a customer's premise after two (2) 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.

(2) For conditions noted in Subsection (b)(5), (b)(6), (b)(7) or (b)(8) of this section, the District will take the following steps:

(A) Make reasonable effort to advise water user of intent to terminate water service;

(B) Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the District.

(Ord. 4192 § 1 (part), 2003)

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof. The Board hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid.

(Ord. 4192 § 1 (part), 2003)