Chapter 11.05 WATER SERVICE REGULATIONS

A. Water Superintendent. The office of Water Superintendent is hereby created, which shall be filled by appointment by the City Manager. The Water Superintendent shall be the administrative office of the Water Department and shall discharge such duties as directed by the City Manager and receive such compensation as shall be provided by resolution or ordinance of the City Council. The Water Superintendent shall not have authority over any duties in connection with the billing and collection of charges for water service other than to provide the necessary meter readings and other data to the Water Rate Collector.

The Water Superintendent shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the water service connection. If, in the judgment of said Water Superintendent, an approved backflow prevention assembly is required at the customer’s water service connection or, within the customer’s private water system, for the safety of the water system, the Water Superintendent or his designated agent shall give notice in writing to said customer to install such an approved backflow prevention assembly at specific locations on his premises. The consumer shall immediately install such approved assembly at the consumer’s own expense and failure, refusal or inability on the part of the customer to install, have tested and maintain said assembly shall constitute a grounds for discontinuing water service to the premises until such requirements have been satisfactorily met.

The Water Superintendent in charge of the Water Department of the City is invested with the authority and responsibility for the implementation of an effective cross-connection control program and for the enforcement of the provisions of this chapter.

B. Water Rate Collector.

1. Office Created, Duties. The office of Water Rate Collector is hereby created, which shall be filled by appointment by the City Manager. The Water Rate Collector shall discharge all duties required of him in connection with the billing and collecting of fees for water service provided by the Water Department and such other duties as may be directed by the City Manager. The Water Rate Collector shall receive such compensation as shall be provided by resolution or ordinance of the City Council.

2. Bond. The Water Rate Collector shall deposit with the City Council a fidelity bond, in the sum of not less than $2,500, for the faithful performance of his duties. Said bond shall be provided by a corporate surety company licensed to do business in the State of California. Premiums of said bond shall be paid by the Water Department. (Ord. 87-11, 11-10-1987; Ord. 77-14, 5-24-1977; Ord. 236, 8-19-1963)

11.05.015 Definitions.

“Approved” means accepted by the Water Superintendent as meeting an applicable specification stated or cited in this chapter, or as suitable for the proposed use.

Auxiliary Water Supply. Any water supply on or available to the premises other than the purveyor’s approved public water supply will be considered as an “auxiliary water supply.” These auxiliary waters may include water from another purveyor’s public potable water supply or any natural source such as a well, spring, river, stream, harbor, etc., or “used waters” or “industrial fluids.” These waters may be contaminated or polluted or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have sanitary control.

“Backflow” means the reversal of the normal flow of water caused by either backpressure or backsiphonage.

“Backflow preventer” means an assembly or means designed to prevent backflow.

A. Air-Gap. The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing, fixture, or other device and the flood level rim of said vessel. An approved air-gap shall be at least double the diameter of the supply pipe, measured vertically, above the overflow rim of the vessel; and in no case less than one inch.

B. Reduced Pressure Principle Assembly. An assembly of two independently acting approved check valves, together with a hydraulically operating mechanically independent differential pressure relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located test cocks and tightly closing shut-off valves at each end of the assembly. The entire assembly shall meet the design and performance specifications as determined by a laboratory and a field evaluation program resulting in an approval by a recognized and approved testing agency for backflow prevention assemblies. The assembly shall operate to maintain the pressure in the zone between the two check valves at an acceptable level less than the pressure on the public water supply side of the assembly. At cessation of a normal flow the pressure between the two check valves shall be less than the pressure on the public water supply side of the device. In case of leakage of either of the check valves the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved these assemblies must be readily accessible for in-line testing and maintenance and be installed in location where no part of the assembly will be submerged.

C. Double Check Valve Assembly. An assembly of two independently operating approved check valves with tightly closing shut-off valves on each end of the check valves, plus properly located test cocks for the testing of each check valve. The entire assembly shall meet the design and performance specifications as determined by a laboratory and field evaluation program resulting in an approval by recognized and approved testing agency for backflow prevention assemblies. To be approved these assemblies must be readily accessible for in-line testing and maintenance.

“Backpressure” means the flow of water or other liquids, mixtures or substances under pressure into the distribution pipes of a potable water supply system from any source or sources other than the intended source.

“Backsiphonage” means the flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply from any source other than its intended source caused by the reduction of pressure in the potable water supply system.

“Contamination” means an impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual or potential hazard to the public health through poisoning or through the spread of disease.

“Cross-connection” means any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems one of which contains potable water and the other nonpotable water of industrial fluids of questionable safety, through which, or because of which, backflow may occur into the potable water system. This would include any temporary connections, such as swing connections, removable sections, four-way plug valves, spools, dummy section of pipe, swivel or change-over devices or sliding multiport tube.

“Cross-connection, controlled” means a connection between a potable water system and a nonpotable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard.

“Cross-connection control by containment” means the installation of an approved backflow prevention assembly at the water service connection to any customer’s premises where it is physically and economically infeasible to find and permanently eliminate or control all actual or potential cross-connections within the customer’s water system; or, it shall mean the installation of an approved backflow prevention assembly on the service line leading to and supplying a portion of a customer’s water system where there are actual or potential cross-connections which cannot be effectively eliminated or controlled at the point of the cross-connection.

Hazard, Degree of. The term is derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.

A. Hazard – Health. Any condition, device, or practice in the water supply system and its operation which could create, or in the judgment of the Water Superintendent, may create a danger to the health and well-being of the water consumer.

B. Hazard – Plumbing. A plumbing type cross-connection in a consumer’s potable water system that has not been properly protected by an approved air-gap or approved backflow prevention assembly.

C. Hazard – Pollutional. An actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer’s potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.

D. Hazard – System. An actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer’s potable water system or of a pollution or contamination which would have a protracted affect on the quality of the potable water in the system.

“Industrial fluids system” means any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system pollutional or plumbing hazard if introduced into an approved water supply. This may include, but not be limited to: polluted or contaminated waters; all types of process waters and “used waters” originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalines, circulating cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for fire-fighting purposes.

“Pollution” means the presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use.

“Water – nonpotable” means water which is not safe for human consumption or which is of questionable potability.

“Water – potable” means any water which, according to recognized standards, is safe for human consumption.

“Water – service connection” means the terminal end of a service connection from the public potable water system; i.e., where the water purveyor loses jurisdiction and sanitary control over the water at its point of delivery to the customer’s water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There should be no unprotected take-offs from the service line ahead of any meter or any backflow prevention assembly located at the point of delivery to the customer’s water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.

Any water supplied by a water purveyor from a public potable water system to a consumer’s water system after it has passed through the point of delivery and is no longer under the sanitary control of the water purveyor. (Ord. 87-11, 11-10-1987)

11.05.020 Application for service – Deposit.

A. Application. Before water will be supplied by the Water Department to any person, which requires a connection from the Department’s water mains to water pipes on any real property, the owner or occupant of the property shall make a written application for such service and service connection upon a form provided by the Water Department, and pay a nonrefundable application fee as established by resolution. The information required in all instances where application is made for water shall include the name and address of the applicant, a description of the real property by lot number, block and tract and the official house number assigned to the premises for which water is desired, together with a statement of the applicant’s relation to the property, whether as owner, occupant, lessee or otherwise. The application fee shall not be charged to a landlord more than one time per fiscal year per lot.

B. Deposit. The Water Department, as a condition to granting such application and supplying water to the premises therein described, is authorized to and shall require a cash deposit, as established by resolution. The deposit will be refunded when the services are discontinued, provided all charges to the applicant by the Water Department have been paid; otherwise said deposit shall be applied to the account of the applicant. The deposit will also be refunded, without interest, if the applicant has, as determined by the Finance Officer, a good payment record for the 18-month period immediately preceding. (Ord. 2012-3 § 1, 11-13-2012; Ord. 2008-9 § 1, 12-9-2008; Ord. 92-3, 3-17-1992; Ord. 236, 8-19-1963)

11.05.030 Connection fee.

A. When the consumer applies for service he must agree in writing to use the service of the Water Department for a minimum term of one year and shall pay a meter service charge connection fee to the Water Department which shall be retained by the Water Department. Said payment shall be a sum equal to the cost of said meter, cost of labor to install said meter and other materials used, plus 15 percent.

B. There are hereby established the following fees for connection to the water system:

For each single-family residence connected to the system	$1,035.00
For each multiple-family dwelling, apartment, duplex, mobile home connected to the system	690.00 (per unit)

For each commercial or industrial service connected to the system, the charge shall be in a sum determined by the City in proportion to the projected amount of water used.

All of the above fees shall be paid at the time of application and are nonrefundable.

C. In addition to any other fees and charges established by the ordinances, rules and regulations of the City, there shall be collected before any service connection is made, a special additional connection charge for any parcel, unit, lot or property that abuts on or can be served by an existing water main constructed by or at the expense of the City for which the parcel, unit, lot or property did not pay its proportionate cost of installation, determined as follows:

6-inch main	$10.50 per front foot
8-inch main	12.50 per front foot

(Ord. 2003-3, 4-8-2003; Ord. 89-11, 6-27-1989; Ord. 82-3, 3-9-1982)

11.05.040 Water rates.

Monthly water service charges for residential users, commercial users, industrial users, schools and churches, both inside and outside the City, and all other users, shall be in accordance with the following rates:

WATER RATES
	Fiscal Year Ending
	2020	2021	2022	2023	2024
Effective Date	Nov 2, 2019	Nov 2, 2020	Nov 2, 2021	Nov 2, 2022	Nov 2, 2023
Consumption Charges	Per hundred cubic feet
All Customer Categories Except Landscape	$1.12	$1.40	$1.60	$1.67	$1.75
Landscape	$1.56	$1.81	$2.06	$2.15	$2.25
Meter Replacement Charges	Per meter per month
5/8"	$1.29	$1.33	$1.37	$1.41	$1.45
3/4"	$1.62	$1.67	$1.72	$1.77	$1.83
1"	$2.18	$2.25	$2.31	$2.38	$2.45
1 1/2"	$4.76	$4.91	$5.05	$5.21	$5.36
2"	$10.42	$10.73	$11.06	$11.39	$11.73
3"	$13.10	$13.49	$13.89	$14.31	$14.74
4"	$19.04	$19.61	$20.20	$20.81	$21.43
6"	$45.80	$47.18	$48.59	$50.05	$51.55
8"	$56.00	$57.68	$59.41	$61.19	$63.03
10"	$70.35	$72.46	$74.64	$76.87	$79.18
Service Charges	Per meter per month
5/8"	$19.91	$22.67	$25.79	$27.08	$28.42
3/4"	$19.91	$22.67	$25.79	$27.08	$28.42
1"	$19.91	$22.67	$25.79	$27.08	$28.42
1 1/2"	$39.83	$45.34	$51.57	$54.15	$56.84
2"	$63.73	$72.54	$82.52	$86.65	$90.94
3"	$139.40	$158.69	$180.51	$189.54	$198.92
4"	$238.97	$272.04	$309.44	$324.92	$341.01
6"	$497.86	$566.74	$644.67	$676.93	$710.44
8"	$716.92	$816.11	$928.33	$974.77	$1,023.03
10"	$1,155.04	$1,314.84	$1,495.64	$1,570.47	$1,648.22

The water rates are effective as of November 2, 2019.

The City reserves the right and power to contract separately with any person for the sale and delivery of water within or outside the incorporated limits of the City, at wholesale, at times, places and prices to be fixed and agreed upon by resolution of the City Council.

Any person desiring to purchase water at wholesale from the Water Department shall make written application to the City Council for a contract therefor, specifying the time, place and nature of the intended use of said water. The City Council shall consider said application and if in its judgment said application may be granted without detriment to the City, a contract may be entered into for the sale and delivery of water at wholesale at times, or over a period of times, at places and prices, which in the opinion of the City Council will be to the best interest of the City. (Ord. 2019-4 § 1, 9-24-2019; Ord. 2013-1 § 2 (Att. A), 2-26-2013; Ord. 2008-3 § 1, 3-25-2008; Ord. 93-2, 3-23-1993; Ord. 89-7, 5-23-1989; Ord. 247, 5-23-1967; Ord. 242, 1-12-1965; Ord. 236, 8-19-1963)

11.05.050 Water Department Fund.

There is hereby established in the Treasury of the City a certain fund to be designated as the Water Department Fund. All moneys collected by the Water Rate Collector and deposited with the City Treasurer shall be credited to said fund. Moneys collected for garbage service shall also be deposited with the Treasurer and credited to said fund. Expenditures from the Water Department Fund shall be disbursed only in accordance with the following schedule:

A. The net amount due the garbage contractor on account of any fees collected on his behalf and deposited in said fund;

B. All costs of operation;

C. All costs of repairs;

D. All sums that shall become due to the Newman Waterworks, Inc., on account of a certain contract, wherein the City agreed to purchase the works of the Newman Waterworks, Inc., for the sum of $85,064.87, payable in certain annual installments;

E. In the event that said fund shall have sufficient moneys to pay the next installment of principal and interest due to the Newman Waterworks, Inc., then any moneys in excess of said amount may be used for improving or extending the facilities of the Water Department of the City. (Ord. 236, 8-19-1963)

11.05.060 Water rate collections.

The Water Rate Collector shall bill and collect the monthly fees, as herein provided for, and shall keep such records thereof as the City Council may direct. All moneys received by him shall be deposited at least once each week with the City Treasurer to be credited to the Water Department Fund. The Water Rate Collector shall also keep records of the expenditures of the Water Department and maintain regular office hours as directed by the City Council. (Ord. 236, 8-19-1963)

11.05.070 Collection of garbage fees.

The City, through its Water Department, may agree to collect the fees due the person who is authorized to collect garbage and refuse within the City. The City may charge for its services a percentage of the fees so collected. All moneys collected on account of said garbage fees shall be deposited in the Water Department Fund. All delinquent fees, owed on account of garbage service shall be subject to the same penalties, including the right to discontinue water service for the nonpayment thereof, as are fees due the City on account of water service. (Ord. 236, 8-19-1963)

11.05.080 Bills payable.

All water bills are due and payable at the office of the Water Department in the City Hall at such time as shall be determined by the City Council by resolution. Any consumer who fails to pay said water bill within 30 days after the same is due, shall in addition thereto, pay a penalty of 10 percent of the amount of said bill. Bills will have printed thereon, a notice that if the amount is not paid within 30 days, a penalty of 10 percent will be added and that service may be discontinued, as provided by this chapter. If the consumer has a deposit placed with the Water Department, the amount of the bill and penalty will be deducted therefrom and the consumer required to restore the deposit. If the deposit is not restored, service will be discontinued when the original deposit is absorbed. (Ord. 293, 6-22-1976)

11.05.090 Dispute.

If a dispute shall arise between any water customer and the Water Department concerning water service, said dispute may be settled by the Water Superintendent subject to the approval of the City Council. The final decision and settlement of any such dispute shall be recorded in the minutes of the City Council. The provisions and procedure provided for in this section are permissive only and shall in no way affect the other provisions of this chapter. (Ord. 236, 8-19-1963)

11.05.100 Delinquent consumers.

If a consumer who has initially established his credit, as in this chapter provided, or who has received service prior to the enactment of this chapter, later fails to pay his water bill to the Water Department, a cash deposit as provided in NCC 11.05.020 will be demanded, irrespective of whether or not the consumer owns the premises supplied by the service, in addition to payment of all delinquent bills and penalties. If he fails to pay said delinquent bills and make a cash deposit, his water service shall be discontinued after the expiration of 10 days’ notice to discontinue service. If water service is discontinued, said service may again be established only in the event that the consumer or applicant for service pays all delinquent bills, makes said cash deposit and pays in addition thereto, as established by resolution. Thereupon, and not otherwise, will service be resumed. (Ord. 2008-9 § 1, 12-9-2008; Ord. 77-1, 1-24-1977)

11.05.110 Water meters.

A. Size of Meter. In all cases the size of the meter to be installed shall be determined by the Water Superintendent.

B. Number of Customers on Meter. A single-family residence or business lot occupied by one private business concern with a regulation five-eighths inch by three-fourths inch or three-fourths inch meter shall constitute a service connection. No person shall run any water from any meter or service connection to any other consumer, whether on the same lot or property or not, for which the rate or rates have not been paid or the rules and regulations herein contained have not been complied with. No change in the use of the water shall be made after filing of the application and until a written notice has been given to the Water Department of the City and written permission to make change has been granted by the Water Superintendent. If one meter connection shall serve more than one family living separately and apart from one another, whether in suites or otherwise, where it is impossible to both the consumer and the Water Department to install separate services, then each consumer shall pay the minimum rate plus his proportionate share of the excess water used, at the scheduled rate with the maximum quantity of water to be allowed for each consumer at the minimum monthly charge, except for each apartment house, bungalow court or flat consisting of three or more family units, the applicant shall pay the minimum rate plus the sum of $1.00 for each apartment, bungalow court and/or flat unit, served by his meter connection plus the sum required to be paid for excess water used, at the scheduled rate. If one meter connection shall serve more than one store, shop or any other concern doing business separately and apart from one another, whether in the same building or not, where it is impractical to both the consumer and the Water Department to install separate services or meters, then each shall pay to the City the minimum rate plus his proportionate share of the excess at scheduled rates, with the maximum quantity of water to be allowed for each consumer at the minimum monthly charge. When one meter connection serves two or more separate and distinct consumers, the property owner or the applicant for service or both, at the option of the Water Department, will be held responsible to the City for all water used. The Water Department may, at its option, install separate services and collect the regular rate from each consumer, in which case the owner or consumer shall, at his own expense, install a water pipe line from the property to said meter and pay the regular service connection fee.

C. Meter Test. Any consumer may require, upon deposit of $5.00 at the office of the Water Department, that the meter, through which water is being furnished to said consumer, be tested by said Department for the purpose of ascertaining whether or not it is registering correctly. If, upon such test, the meter shall be found to register over two percent more water than actually passes through it, another meter shall be substituted therefor and deposit of $5.00 returned to the consumer making the application, and the water bills for the current period shall be adjusted in an equitable manner. If upon such test the meter be found to register under two percent more water than actually passed through it, the said $5.00 deposit shall be retained by the Water Department and deposited in the Water Fund.

D. Meter Failures. Where a meter fails to register during any period, a charge will be made, based upon the water consumed during the same month of the previous year. In the event that a meter has not yet been installed for the same month of the previous year, the charge shall be made, based upon the water consumed during the last month or portion thereof the meter was registering.

E. Vacancy. In case no water is used through the meter, or the property becomes vacant, nevertheless, the regular minimum rate shall be charged and collected from the owner thereof, or the applicant for service. Service will be discontinued by the Water Superintendent within 48 hours of receiving notice to discontinue said water service.

F. Meter Repairs. After water service has been made and a meter installed on the property, any damage to said water meter resulting from any carelessness on the part of the consumer shall be paid for by said consumer to the Water Department on presentation of a bill therefor. Should the consumer fail to pay for the repairs to City owned assets located on the property and caused by them, the charges for repairs are ultimately the responsibility of the homeowner. It shall be unlawful to interfere with, or cut off, or remove the water meter from any service, where it has been installed, without first receiving written permission from the Water Superintendent. Such permission shall be granted only for purposes of testing, replacements, repairs to meters or service pipes, readjustments of service or similar emergency.

All meters are the property of the City and the Water Department will make such repairs as in its judgment are needed.

The Newman Water Department shall, at its own expense, make all repairs necessary to water mains, meters and pipe lines connecting with water mains. The Water Department shall make no repairs or do any work, whatsoever, on water pipe lines, beyond the meter connection. Any repair made necessary by any act, negligence or carelessness of the consumer or other persons shall be charged to and be collected from the consumer, or the person or persons guilty thereof. (Ord. 2012-3 § 1, 11-13-2012)

11.05.120 Extensions of service, mains.

A. Extension of Water Service.

1. Upon application of a bona fide applicant for service, the Water Department will, at its own expense, furnish and install service pipe of suitable capacity for a distance of not more than 60 feet from its water mains to the curb line or property line of property abutting upon a public street, highway, alley, lane or road along which it already has water mains.

2. The consumer at his own expense shall install that portion of the service inside the curb or property line. Said installation shall include a shutoff valve inside the property line at a location accessible in case of emergency.

3. The materials furnished by the consumer in construction of such service extensions, will at all times be and remain the sole property of the consumer and when necessary shall be maintained and repaired by the consumer at his own expense.

4. The Water Department may install, but shall not be required to install more than one service to any one consumer.

B. Water Main Extension. Applicants for main extensions to service premises, tracts or subdivisions where a main extension is necessary, will be required: (1) to enter into a written contract for such extension; (2) to deposit with the Water Department the estimated reasonable cost of the necessary facilities, as estimated by the Water Superintendent of the City, before construction is commenced; and (3) to transfer and convey to the City all water, water mains and easements existing in connection therewith. The size, type and quality of the materials, and the location of lines shall be specified by the City Council.

In the event any water mains extension shall be run appurtenant to any lot or parcel of land, whose owner refused to enter into a contract, as provided in this subsection, the City Council may at its option, accept the contract of the remaining applicants for main extension and authorize the Water Department to pay the proportionate part of the costs of said main extension, attributable to the property owned by the nonparticipating owner, out of Water Department funds. The Water Rate Collector shall keep a suitable record of said contracts and payments and also the lots or parcels of land for which payments were made; said record to remain in the office of the Water Department and be open to public inspection during regular business hours. No service connection shall be made between the water system and that lot or parcel of land whose owner did not contribute to the cost of said main extension, until said lot or parcel’s proportionate share of said main extension, as so recorded by the Water Rate Collector, shall have been paid in full.

11.05.130 Fire hydrants.

Fire hydrants are provided for the purpose of extinguishing fire and are to be opened and used only by the Water, Fire and Street Departments of the City, and by such persons as may be officially authorized by the Water Superintendent. To insure the safety of fire hydrants, any person or persons authorized to open fire hydrants will be required to use only an approved spanner wrench and failure to do so will be sufficient cause to prohibit further use of the fire hydrants. Every person authorized to open fire hydrants must replace the caps on the outlets, when not in use, and failure to do so is hereby declared to be sufficient cause to prohibit further use of fire hydrants by such person or persons. It shall be unlawful for any person to conduct or carry water in any way from any fire hydrant without written permission to do so from the Water Superintendent.

11.05.140 Turn off – Repairs to pipes.

A. The City and the Water Department reserve the right to shut off the water in the mains at any time for the purposes of making repairs to mains, services, extension or for other reasons. It shall be the duty of the Water Superintendent to make reasonable effort to notify the consumers in advance of such an emergency and that water service is to be suspended or restored.

B. The City and the Water Department will not be responsible for damage to buildings or their contents caused by any break beyond the street service cock, or for damage caused by the breaking of any pipe or service cock or by any interruption of the supply of water by reason of the breaking of machinery, or stoppage for necessary repairs. (Ord. 236, 8-19-1963)

11.05.150 Cross-connection control.

A. Purpose. The purpose of this section is:

1. To protect the public potable water supply of the City from the possibility of contamination or pollution by isolating within the customer’s internal distribution system or the consumer’s private water system such contaminants or pollutants which could backflow into the public water system; and

2. To promote the elimination or control of existing cross-connections, actual or potential, between the consumer’s implant potable water system and nonpotable water system, plumbing fixtures and industrial piping systems; and

3. To provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems.

B. Requirements, Water System.

1. The water system shall be considered as made up of two parts: the utility system and the customer system.

2. Utility system shall consist of the source facilities and the distribution system; and shall include all those facilities of the water system under the complete control of the utility, up to the point where the customer’s system begins.

3. The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system.

4. The distribution system shall include the network of conduits used for the delivery of water from the source to the customer’s system.

5. The customer’s system shall include those parts of the facilities beyond the termination of the utility distribution system which are utilized in conveying utility-delivered domestic water to points of use.

C. Policy.

1. No water service connection to any premises shall be installed or maintained by the City unless the water supply is protected as required by State laws and regulations and this chapter. Service of water to any premises shall be discontinued by the water purveyor if a backflow prevention assembly required by this chapter is not installed, tested and maintained, or if it is found that a backflow prevention assembly has been removed, by-passed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.

2. The customer’s system should be open to the inspection at all reasonable times to authorized representatives of the City to determine whether cross-connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the Water Superintendent shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition in conformance with the State and City statutes relating to plumbing and water supplies and the regulations adopted pursuant thereto.

3. An approved backflow prevention assembly shall also be installed on each service line to a customer’s water system at or near the property line or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line wherever the following conditions exist:

a. In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the Water Superintendent, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line appropriate to the degree of hazard.

b. In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the utility system which have been subject to deterioration in quality.

c. In the case of premises having an internal cross-connection that cannot be permanently corrected or controlled, or 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 dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line.

4. The type of protection assembly required under subsections (C)(3)(a), (b) and (c) of this section shall depend upon the degree of hazard which exists as follows:

a. In the case of any premises where there is an auxiliary water supply as stated in subsection (C)(3)(a) of this section and it is not subject to any of the following rules, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly.

b. In the case of any premises where there is water or substance that would be objectionable but not hazardous to health, if introduced into the public water system, the public water system shall be protected by an approved double check valve assembly.

c. In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants.

d. In the case of any premises where there are “uncontrolled” cross-connections, either actual or potential, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly at the service connection.

e. In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible, or impractical to make a complete in-plant cross-connection survey, the public water system shall be protected against backflow from the premises by either an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly on each service to the premises.

5. Any backflow prevention assembly required herein shall be a model and size approved by the Water Superintendent. The term “approved backflow prevention assembly” shall mean an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association entitled:

AWWA C506-84 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices;

and, have met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California established by:

Specifications of Backflow Prevention Assemblies, Section 10 of the most current issue of the Manual of Cross-Connection Control.

Said AWWA and FCCC & HR standards and specifications have been adopted by the Water Superintendent. Final approval shall be evidenced by a “certificate of approval” issued by an approved testing laboratory certifying full compliance with the said AWWA standards and FCCC & HR specifications.

The following testing laboratory has been qualified by the Water Superintendent to test and certified backflow preventers:

Foundation for Cross-Connection Control and Hydraulic Research

University of Southern California

University Park

Los Angeles, California 90089-0231

Testing laboratories other than the laboratory listed above will be added to an approved list as they are qualified by the Water Superintendent.

Backflow preventers which may be subjected to backpressure or backsiphonage that have been fully tested and have been granted a certificate of approval by said qualified laboratory and are listed on the laboratory’s current list of “approved backflow prevention assemblies” may be used without further test or qualification.

6. It shall be the duty of the customer-user at any premises where backflow prevention assemblies are installed to have certified inspections and operational tests made at least once per year. In those instances where the Water Superintendent deems the hazard to be great enough he may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the water user and shall be performed by the assembly manufacturer’s representative, (Water Department) personnel or by a certified tester approved by the City Manager. It shall be the duty of the Water Superintendent to see that these tests are made in a timely manner. The customer-user shall notify the Water Superintendent in advance when the tests are to be undertaken so that an official representative may witness the tests if so desired. These assemblies shall be repaired, overhauled or replaced at the expense of the customer-user whenever said assemblies are found to be defective. Records of such tests, repairs and overhaul shall be kept and made available to the Water Superintendent.

7. All presently installed backflow prevention assemblies which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements under subsection (C)(6) of this section be excluded from the requirements of these rules so long as the Water Superintendent is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or when the Water Superintendent finds that the maintenance constitutes a hazard to health, the unit shall be replaced by an approved backflow prevention assembly meeting the requirements of this section. (Ord. 87-11, 11-10-1987)

11.05.160 Access to premises.

An authorized employee of the Water Department shall have reasonable access to any premises supplied with water for the purpose of making inspection of the water system and meter upon said premises.

11.05.170 Temporary connections.

Contractors or any person or persons desiring to use water in construction work, where connections must be made and nonmetered, shall in each and every case obtain a written permit from the Water Superintendent for connecting with any stand pipe, or using water therefrom.

11.05.180 Right to discontinue service.

A. A consumer’s water service shall be discontinued for nonpayment of a bill for service rendered him at a previous location, served by the Water Department, provided said bill is not paid within 30 days after presentation at the new location.

B. The Water Department shall have the right to refuse or discontinue to deliver water to a consumer, if any part of the consumer’s service appliances or apparatus shall at any time be unsafe, or if the utilization of water by means thereof shall be prohibited or forbidden under authority of any law or municipal ordinance or regulation (until such law, ordinance or regulation shall be declared invalid by a court of competent jurisdiction), and may refuse service until the consumer shall put such part in good and safe conditions and comply with all the laws, ordinances and regulations applicable thereto. The Water Department shall have the right to refuse to serve water to any premises and at any time to discontinue service if found necessary to do so in order to protect itself against fraud or abuse. If the consumer shall fail to comply with any of the rules of the Water Department from time to time enforced, the Water Department will advise the consumer of such failure. If the consumer does not remedy the same within a reasonable time, the Water Department shall have the right, after giving notice, to discontinue service to the consumer. (Ord. 236, 8-19-1963)

11.05.190 Reconnection fee.

In the event that a consumer’s service has been disconnected from the Water Department on account of any violation of this chapter, the Water Department is hereby authorized and directed to charge a reasonable fee, as established by resolution, in addition to all other charges provided for herein for said reconnection. (Ord. 2008-9 § 1, 12-9-2008; Ord. 77-1, 1-25-1977)

11.05.200 Service connection and disconnection.

No person other than duly authorized employees of the Water Department shall connect the consumer’s service to or disconnect the same from the water mains of the Water Department. (Ord. 236, 8-19-1963)

11.05.210 Direct connections to boilers prohibited.

It shall be unlawful for any person to draw water from any pipe or water mains of the Water Department directly into any stationary steam boiler, hydraulic elevator, power pump or similar apparatus. This section shall not apply to hot water heaters used exclusively for domestic or mercantile purposes. (Ord. 236, 8-19-1963)

11.05.220 Water shut off in case of fire.

All water outlets, through which a continuous stream of water can be conducted, must be shut off promptly upon an alarm of fire being given by the City and the water from same shall not be turned on again until the fire occasioning said alarm shall be extinguished. (Ord. 236, 8-19-1963)

11.05.230 Irrigation of lawns and landscaping.

Repealed by Ord. 2015-2. (Ord. 93-2, 3-23-1993; Ord. 92-19, 12-8-1992)

11.05.240 Payments due on shutoff.

Upon the written application of the owner or occupant of a building or premises, to have the water shut off on the supply side of a meter, the Water Department shall have the water shut off and at the same time record the reading of the meter and render the bill in a sum which shall be the greater of the amount of water used according to the rate herein provided for or for the minimum due for the fractional part of the month. (Ord. 236, 8-19-1963)

11.05.250 Responsibility of consumer.

The consumer shall at his own risk and expense furnish, install and keep in repair, free from leakage and in safe condition all service pipes, fixtures, stopcocks and other apparatus and appliances which may be required for receiving, controlling, applying and utilizing such water. The Water Department does not assume the duty of inspecting the consumer’s service appliances or apparatus or any part thereof, and assumes no liability therefor. The Water Department shall not be responsible for any loss or damage caused by the improper installation of such apparatus and appliances, negligence, want of proper care, or wrongful act of the consumer or his agents, employees or licensees in installing, maintaining, using, operating or interfering with any such apparatus or appliances. Consumers shall be liable for all damages which shall result from their failure to comply with the provisions of this section. Should the consumer fail to pay for the repairs to City owned assets located on the property and caused by them, the charges for repairs are ultimately the responsibility of the homeowner. (Ord. 2012-3 § 1, 11-13-2012; Ord. 236, 8-19-1963)

11.05.260 Supplementary regulations.

The City Council may, by resolution, provide such rules and regulations as it may deem necessary or advisable to accomplish the intent and purposes of this chapter. (Ord. 236, 8-19-1963)

11.05.270 Penalties.

Any violation of the provisions of this chapter shall constitute a misdemeanor¹. (Ord. 2012-3 § 1, 11-13-2012; Ord. 77-1, 1-25-1977)

Any violation of this chapter may be alternatively charged as an administrative citation.