Chapter 3.20
BASIS OF SERVICE
Sections:
3.20.010 Service area requirement.
3.20.020 Requirement of adequate infrastructure and payment of fees.
3.20.030 Requirement of capacity – Priorities for capacity allocation.
3.20.040 Service – No adjacent mains.
3.20.050 Requirement of separate service connections.
3.20.060 Requirement of approval of service connection.
3.20.070 Restrictions on use of service connections.
3.20.080 Character of service connections.
3.20.090 Separate water meters for irrigation uses.
3.20.100 Duty to connect – Wastewater.
3.20.110 Duty to connect – Recycled water.
3.20.120 Priority for affordable or low income housing developments.
3.20.010 Service area requirement.
Notwithstanding any provision of this code to the contrary, no connection shall be made and no service shall be provided to a customer and/or to property not located within the applicable service area of the District without the approval of the pertinent Local Agency Formation Commission and under service agreements.
All areas currently served potable and/or recycled water by the District, or hereafter designated for potable and recycled water service by the District, shall comprise the water service area of the District. All areas currently receiving wastewater service from the District, or hereafter designated for wastewater service by the District, shall comprise the wastewater service area of the District. [Ord. 301, 2004; Ord. 327, 2010.]
3.20.020 Requirement of adequate infrastructure and payment of fees.
A. Adequate Infrastructure. This section governs major infrastructure and infrastructure that is not major infrastructure regardless of its location. The applicant is responsible for installing its connection to District facilities at the location selected by the District and at the elevation selected by the District. Service will be granted only where all necessary infrastructure has been accepted as substantially complete by District staff. Infrastructure will be accepted as substantially complete by the District only after it has been properly designed, installed, tested, and fully made operational. Infrastructure shall be conveyed to the District at no cost to the District. Infrastructure will not be formally accepted by the District for operation and maintenance until, in the determination of the District in its sole discretion, the infrastructure is adequately protected against the risk of damage, all applicable fees and charges are fully paid, all real property interests have been dedicated to the District, and special conditions outlined in the construction permit have been satisfied. Determination as to proper design and installation shall be made by the District Engineer.
1. The planning, design and construction of all infrastructure that is not major infrastructure are the responsibility of the applicant and shall be done at the applicant’s sole expense. For infrastructure installed to provide service to the applicant’s project, the design and construction responsibilities may be revised, at the sole discretion of the District Engineer. The terms of such revision shall be made in writing by the District Engineer. All of such planning, design and construction requirements shall, at a minimum, be in accordance with the requirements of the Dublin San Ramon Services District Code, District master plans, the District’s Standard Specifications, Recycled Water Use Guidelines, and such other pertinent requirements specified by the District.
2. The applicant shall dedicate sufficient and necessary real property interests to the District for all infrastructure, as determined by the District in its sole discretion. For all items of infrastructure, excluding pipeline infrastructure, such real property interest shall be fee title except as the General Manager may otherwise expressly and specifically determine. For pipeline infrastructure, such real property interests may be in the form of an easement conveying to the District the perpetual right to operate, maintain, repair and replace the pipeline infrastructure and limiting the construction of any other improvements over the easement, unless the District has accepted or agrees to accept a public utility easement within a roadway depicted in a subdivision or parcel map, or to use its statutory franchise within an existing public right-of-way.
3. The applicant shall obtain a construction permit pursuant to DSRSDC 3.40.030, Application for service – Construction permit required, from the District prior to construction of infrastructure to be connected to District facilities and dedicated to the District for operation and maintenance. Unpermitted construction, in whole or in part, of any potable water, recycled water, and/or wastewater infrastructure and any appurtenances thereto is unlawful.
4. Facilities installed as provided herein shall be operated and maintained by the applicant until the facilities have been accepted by the District, except as specified in the following sentence. In circumstances where a developer requests the District to commence water or wastewater service to one or more parcels within a development before all of the facilities contemplated to be dedicated to the District for the development are complete and ready for acceptance by the District, the District may (but need not), at the discretion of the District Engineer, commence service through the facilities then completed, on condition that the developer bear all risk of damage to the as-yet-unaccepted facilities, reimburse the District for costs of repair to the District facilities and other damages resulting from the as-yet-unaccepted facilities as specified in DSRSDC 4.10.080 and 5.10.090, both entitled Damage to District facilities or property, and pay all costs described in the following sentence. Cost of operation and maintenance of the as-yet-unaccepted facilities by the District prior to acceptance by the District shall be borne by applicant.
B. Fees and Charges Paid. Service to a customer and/or to property will be granted only if the fees, bills and penalties due at the time of connection and charged to or against the property by the District are paid, and all costs of planning, design and construction of all infrastructure that is not major infrastructure have been paid in full by the applicant. Except to the extent the law otherwise requires, an owner, tenant or other user of the property are each jointly and severally liable for payment of the foregoing costs and all fees, bills and penalties. [Ord. 69, 1969; Ord. 90, 1971; Ord. 118, 1975; Ord. 147, 1979; Ord. 212, 1987; Ord. 273, 1997; Ord. 327, 2010.]
3.20.030 Requirement of capacity – Priorities for capacity allocation.
Notwithstanding any provision of this code to the contrary, no connection for any service provided by the District shall be made at any time the Board has determined that capacity is not available in its water system, its wastewater system, or both, or that such capacity will not be available at the time of vesting of capacity rights in accordance with DSRSDC 3.60.020. Priorities for allocation of available capacity rights shall be made from time to time based on the public health, welfare, safety, necessity and convenience at the discretion of the Board. [Ord. 331, 2013. Prior legislation: Ord. 157, 1980; Ord. 216, 1988; Ord. 273, 1997; Ord. 327, 2010.]
3.20.040 Service – No adjacent mains.
When property upon or from which service is requested is located in an area where mains have not been installed, connection will be made, if permitted by the District in its sole discretion as follows:
A. A water meter will be set at the nearest water main, providing the applicant installs a service line at his or her own expense from the water meter to the property.
B. A sewer lateral will be connected to the nearest sewer main, providing the applicant installs a sewer lateral at his or her own expense from the sewer main to the property.
C. Nothing in this code shall be construed to require the District to obtain any property rights if the water service line or sewer lateral crosses another property. The applicant is responsible for obtaining appropriate property rights prior to installation of the water service line or sewer lateral. [Ord. 69, 1969; Ord. 118, 1975; Ord. 212, 1987; Ord. 273, 1997; Ord. 327, 2010.]
3.20.050 Requirement of separate service connections.
A. Separate Service Connection for Each Building. Each house and building shall have independent connection to the District’s wastewater facilities, with the following exception: more than one house or building located on a parcel of land that cannot be subdivided and is under one ownership may, upon approval of the District Engineer, be connected to the same wastewater connection. The District Engineer shall have discretion to require or permit a separate water meter for each building, and shall have discretion to require or permit one or more additional water meters for fire service or for landscape irrigation. Nothing in this section shall be construed to authorize the District Engineer to require the installation of a new connection directly between the District’s water or sewer facilities and an accessory dwelling unit that is contained within the existing space of a single-family residence or accessory structure.
B. Separate Service Connection for Each Property. Except as may be or have been approved by the District Engineer in his or her sole discretion pursuant to DSRSDC 3.20.070, Restrictions on use of service connections, each parcel of land, notwithstanding common ownership with other adjacent properties, shall be served by a separate sewer lateral and, except for irrigation water meters serving multiple parcels under common ownership, including landscaped parcels along roadways, shall be served by a separate water meter. Nothing in the preceding sentence shall be construed to limit the discretion of the District Engineer to require or permit a separate water meter for fire service or for landscape irrigation to each parcel. [Ord. 340, 2016. Prior legislation: Ord. 69, 1969; Ord. 90, 1971; Ord. 118, 1975; Ord. 212, 1987; Ord. 273, 1997; Ord. 327, 2010.]
3.20.060 Requirement of approval of service connection.
Connection to the mains owned and operated by the District shall be made only under a construction permit and at points and in a manner approved by the District Engineer. No connection will be made without approval of the District Engineer, and no connection will be approved which is not deemed safe by the District Engineer or which does not conform with this chapter.
Connection of a water service or side sewer, or any portion thereof, to the District’s systems shall be made by the applicant and at the applicant’s expense. After such a connection is made, it shall be left exposed until it has been inspected and approved by the District Engineer. Thereafter, the applicant may commence use of the connection.
It is unlawful to connect to any District facility until a certificate of capacity rights and/or a construction permit has been issued to the applicant, or his or her predecessor(s) in interest, in accordance with this chapter.
It shall be unlawful, and no service shall be provided, unless construction has been completed pursuant to a construction permit, in accordance with the applicant’s approved plans and specifications, the District’s Standard Specifications and/or the Recycled Water Use Guidelines, as amended from time to time, to the satisfaction of the District Engineer. [Ord. 69, 1969; Ord. 90, 1971; Ord. 107, 1974; Ord. 118, 1975; Ord. 133, 1978; Ord. 170, 1981; Ord. 190, 1984; Ord. 216, 1988; Ord. 247, 1992; Ord. 270, 1996; Ord. 273, 1997; Ord. 327, 2010.]
3.20.070 Restrictions on use of service connections.
The use of the service connection is limited to the specific use and building unit(s) or area(s) for which the service application is filed except that service connections to a single-family residence may also be used to provide service to an accessory dwelling unit contained within the existing space of the single-family residence or an accessory structure unless the applicant requests installation of a separate water meter and/or sewer lateral for the accessory dwelling unit. Before changing use and/or connecting additional building unit(s) or area(s) except as noted in the preceding sentence, the property owner or its designee shall make application to the District for the service, pay the additional fees, and obtain a construction permit, as may be applicable.
If the District Engineer determines, in his or her sole discretion, that a single property is entitled to multiple connections, the application for a permit may allocate the connection rights to defined portions of the land, or, with respect to water service, to fire service, or to landscape irrigation, and all connections shall be completed within the expiration date established by rule or regulation. If no such allocation is made at the time of application, all of the land covered by the permit must remain in single ownership or the right to capacity sufficient to serve additional units shall automatically lapse upon transfer of title to any part of the land into separate ownership.
The District Engineer may periodically inspect the premises, and, if a violation of this code is found, a charge for service shall be made to cover the period during which unauthorized service was obtained, as determined by the District Engineer and approved by the Board. The charge shall include costs involved in investigating and correcting a violation. Nothing in this code shall be construed to limit the availability of any other remedies provided herein or otherwise, including termination of service. [Ord. 340, 2016. Prior legislation: Ord. 90, 1971; Ord. 118, 1975; Ord. 129, 1977; Ord. 273, 1997; Ord. 327, 2010.]
3.20.080 Character of service connections.
The property owner may select the water meter size required to serve its property; however, the District reserves the right to regulate the size, character and location of each water meter and service and side sewer connection. [Ord. 69, 1969; Ord. 118, 1975; Ord. 212, 1987; Ord. 273, 1997; Ord. 327, 2010.]
3.20.090 Separate water meters for irrigation uses.
A. Except as specified in subsection (B) of this section, for each new water meter installed to serve property where water service has not been previously provided, a separate water meter shall be installed to measure the volume of water used exclusively for landscape purposes.
B. Notwithstanding subsection (A) of this section, a separate water meter shall not be required to be installed to measure the volume of water used exclusively for landscape purposes in any of the following situations:
1. Residential connections for a single-family dwelling.
2. Connections used to supply water for the commercial production of agricultural crops or livestock.
3. The application for new water service was submitted before January 1, 2008. [Ord. 327, 2010.]
3.20.100 Duty to connect – Wastewater.
A. No premises within the District’s wastewater service area or the District’s boundaries, as such area and boundaries are established and revised from time to time, shall use any means of sewage collection, treatment or disposal, except pretreatment facilities as may be authorized under a wastewater discharge permit issued by the District, other than by connection to the District’s wastewater system under permit, except as provided in this chapter and in DSRSDC 5.10.110, Private sewerage systems.
B. The owner of a parcel of land or premises improved with a building, structure, or other improvements for human habitation or occupancy and located within the District’s wastewater service or boundaries, the nearest portion of the building, structure, or other improvements for human habitation or occupancy located on the parcel of which is within 200 feet (measured perpendicularly to the sewer main) of a District sewer, shall connect the improvements to the District’s wastewater system and pay all applicable fees and charges within 180 days from the date of written notice from the District to connect to the system.
C. An owner of a parcel or premises subject to the requirements of subsection (B) of this section may apply to the General Manager in writing within 90 days of the date of the written notice to connect to the District’s wastewater system for an extension of time within which to effect such connection, not to exceed two years. Such an extension may be granted by the General Manager, at his or her discretion, upon finding that all the following circumstances apply:
1. Payment of the applicable fees and charges for connection to the District’s wastewater system would impose an immediate extreme financial hardship upon the owner of the parcel or premises;
2. The parcel or premises is served by a private wastewater system adequate for the disposal of sewage from the premises;
3. The county health officer, or other official having jurisdiction, has approved the private wastewater system and certified that it meets all regulatory requirements governing the sanitary disposal of sewage established for such systems and that its continued operation will not be detrimental to the public health, welfare or safety. [Ord. 90, 1971; Ord. 118, 1975; Ord. 216, 1988; Ord. 259, 1994; Ord. 273, 1997; Ord. 327, 2010.]
3.20.110 Duty to connect – Recycled water.
A. Recycled water determined to be available pursuant to Section 13550 of the California Water Code shall be used for nonpotable irrigation uses within the District’s water service area, wherever there is not an alternative higher or better use for the recycled water, its use is economically justified, financially and technically feasible, and consistent with legal requirements, preservation of public health, safety and welfare, and the environment.
Unless otherwise provided under subsection (C) of this section, all new development within the District’s water service area shall use recycled water for appropriate landscape irrigation. Planning, design and construction in such new development shall incorporate recycled water facilities in conformity with the District’s Standard Specifications and/or the Recycled Water Use Guidelines, as amended from time to time. Such recycled water facilities shall be connected to and use District recycled water services. The District’s determination of appropriate landscape irrigation uses shall be based on standards and/or requirements for water of unrestricted use quality contained in Title 22 of the California Code of Regulations, as said provisions may from time to time be amended, and applicable requirements of the Department of Public Health for recycled water distribution operations. The District Engineer shall establish permitting, tracking, record keeping, monitoring, and inspection procedures for all water recycling.
B. Compliance with the requirements of this section shall be a condition precedent to the District’s provision of new potable water services within the District’s water service area.
C. New development within the District’s water service area, which the District Engineer or his or her designee determines meets at least one of the following criteria, shall be exempt from the requirements of this section:
1. Residential development that will contain no landscape areas owned in common requiring irrigation.
2. Development of single-family detached residences for which no homeowners’ or similar association or entity will have responsibility for irrigation system maintenance and operations.
3. Development of single-family detached residences for which a homeowners’ or similar association or entity will have responsibility for irrigation and maintenance operations, but only for individual parcels corresponding to each single-family detached residence ownership.
4. Development for which recycled water service is determined by the District Engineer or his or her designee not to be economical because of its distance from available or planned recycled water sources; and/or because irrigation demands within such development are very slight relative to overall water demands; and/or inadequate recycled water supply is available to serve the demand. Recycled water service that is not economical, as used herein, shall be determined by the District Engineer or his or her designee using such studies as he or she deems appropriate, and nothing in this section shall be construed to require that the District Engineer or his or her designee hold a hearing or take any evidence.
D. Nothing in this section shall be construed to prohibit any customer from voluntarily applying for recycled water service. The District shall have the right to deny such application if the District Engineer or his or her designee determines that such recycled water service would not be economical because of its distance from available or planned recycled water sources; and/or because anticipated irrigation demands served through that connection would be very slight relative to overall water demands; and/or because inadequate recycled water supply is available to serve the demand. Recycled water service that is not economical, as used herein, shall be determined by the District Engineer or his or her designee using such studies as he or she deems appropriate, and nothing in this section shall be construed to require that the District Engineer or his or her designee hold a hearing or take any evidence.
E. Procedures Following Determination.
1. Each applicant or customer shall be notified in writing of any determination made under subsection (C) of this section, and of the basis therefor. The notice, including any proposed conditions and time schedule for compliance, and, if applicable, a recycled water permit application, shall be sent to the applicant or customer by certified mail. The determination shall be final if the applicant or customer does not file a written notice of appeal in compliance with subsection (E)(2) of this section within 30 days after receipt of the notice of determination.
2. The applicant or customer may file a written notice of appeal in accordance with DSRSDC 1.80.050, Procedures for appeal. Nothing in this section shall be construed to require that the Board hold a hearing or take any evidence. [Ord. 301, 2004; Ord. 327, 2010.]
3.20.120 Priority for affordable or low income housing developments.
A. Pursuant to, and to the extent required by, Section 65589.7 of the California Government Code, the Board hereby grants a priority for the provision of water or wastewater services to proposed developments that include housing units affordable to lower income households unless it makes specific written findings that the denial, condition, or reduction of service is necessary due to the existence of one or more of the following:
1. The District does not have “sufficient water supply,” as defined in Paragraph (2) of Subdivision (a) of Section 66473.7, or is operating under a water shortage emergency as defined in Section 350 of the Water Code, or does not have sufficient water treatment or distribution capacity to serve the needs of the proposed development, as demonstrated by a written engineering analysis and report.
2. The District is subject to a compliance order issued by the state Department of Public Health that prohibits new water connections.
3. The District does not have sufficient wastewater treatment or collection capacity, as demonstrated by a written engineering analysis and report on the condition of the wastewater treatment or collection works, to serve the needs of the proposed development.
4. The District is under an order issued by the San Francisco Bay Area Regional Water Quality Control Board that prohibits new wastewater connections.
5. The applicant has failed to agree to reasonable terms and conditions relating to the provision of service generally applicable to development projects seeking service from the District, including, but not limited to, the requirements of local, state, or federal laws and regulations or payment of a fee or charge imposed pursuant to Section 66013.
B. Pursuant to Subdivision (b) of Section 65589.7 of the California Government Code, except to the extent provided otherwise in subsection (A) of this section, the District hereby adopts, as its written policies and procedures for provision of services to proposed developments that include housing units affordable to lower income households, the provisions of DSRSDC Titles 1, General Provisions, through 5, Wastewater Service Delivery, with respect to water or wastewater services. [Ord. 327, 2010.]