Chapter 4.20
POTABLE WATER USE REGULATIONS AND PROTECTIVE MEASURES
Sections:
4.20.020 Provision of potable water service.
4.20.030 Prohibition of water waste.
4.20.040 Water emergencies and shortages.
4.20.050 Water use violations and enforcement.
4.20.010 Purpose and policy.
This chapter sets forth uniform requirements, in addition to those set forth in Chapter 4.10 DSRSDC, General Use Regulations and Protective Measures, for the use of water furnished from the District’s potable water system. The objectives of this chapter are to:
A. Maintain conformance to regulatory requirements regarding potable water use.
B. Limit use of water furnished by the District to what is reasonable and beneficial under the circumstances, to prevent the waste of water and to promote conservation of potable water.
This chapter shall govern all use of potable water furnished by the District. This chapter provides for monitoring, compliance and enforcement activities resulting from the use of potable water furnished by the District. [Ord. 327, 2010; Ord. 350, 2021.]
4.20.020 Provision of potable water service.
Water furnished from the District’s potable water system is subject to the following provisions in addition to the provisions set forth in DSRSDC 4.10.050, Account required for service, which apply to all water service furnished by the District:
A. Pursuant to the affirmative vote on Measure K directing the District to initiate fluoridation of the District’s potable water supply in the November 5, 1974, general election, and the enactment of District Resolution No. 44-74, the General Manager shall take the necessary steps and means to add sufficient amounts of an approved fluoride compound to all potable water for consumers served by the District, to produce and maintain as far as possible at all times in all parts of the distribution system a level of fluoride acceptable under the federal Safe Drinking Water Act, as amended, pursuant to California Health and Safety Code Section 116430(b)(1).
B. Analysis and design of potable water distribution systems shall be based upon requirements as determined, on a case-by-case basis if need be, by the fire department(s) or district(s) with jurisdiction over the general area to be served thereby. The District shall undertake to maintain a minimum of 20 psi residual pressure at each hydrant under appropriate conditions as determined by the District Engineer. [Ord. 69, 1969; Ord. 110, 1974; Ord. 118, 1975; Ord. 204, 1986; Ord. 270, 1996; Ord. 273, 1997; Ord. 327, 2010; Ord. 350, 2021.]
4.20.030 Prohibition of water waste.
The recipients of water delivered by the District shall put the water only to reasonable and beneficial use at all times. No customer or other user of the District’s potable water system shall knowingly waste or permit the waste of water including but not limited to:
A. Waste through leakage of defective or inoperable plumbing, piping, or other water-use equipment.
B. Landscape irrigation in a manner that causes runoff.
C. Single-pass cooling systems in new construction.
D. Non-recirculating systems in a new conveyor car wash and commercial laundry systems.
E. Non-recycling decorative water features.
F. Use of water suitable for potable domestic use for non-potable uses, including irrigation of cemeteries, golf courses, parks, highway landscaped areas, and industrial and irrigation uses, when suitable recycled water is available to an area, for which the District has recycled water purveyor authority. [Ord. 350, 2021.]
4.20.040 Water emergencies and shortages.
A. Water Emergency. Pursuant to California Water Code Section 350 and subsection (C) of this section, the Board of Directors may declare a water shortage emergency following a public hearing. Notwithstanding the foregoing, in the event of a wildfire or a breakage or failure of any dam, pump, pipeline, conduit, or other condition, described in DSRSDC 4.20.060, Definitions, causing an immediate emergency or water shortage, the General Manager is hereby authorized to declare a water emergency and, if so declared, shall initiate implementation of the appropriate and necessary provisions of the District’s emergency response plan and/or Water Shortage Contingency Plan. As soon as possible after such a declaration, the General Manager shall make a full report on the water emergency to the Board. During any such water emergency, the General Manager and his/her designees may take all steps necessary to protect and preserve the District’s water system, and to protect the health and safety of District water customers and users, including but not limited to locking out nonessential water services, obtaining and making available temporary water supplies, and temporarily relocating facilities connecting to District water customers and users.
B. Consistent with the authorities in this section, the District also reserves the right at any time to allocate its available water supply among its customers in a manner that it determines to be in the public interest in the event a water shortage condition exists for any reason.
1. If the General Manager determines that the quantity of water available at any time is, or is expected to be, less than the total demand, and such shortage is expected to be of a duration less than 30 calendar days, the General Manager may prescribe and enforce rules governing allocation and use of water.
2. In implementing subsection (B)(1) of this section, the General Manager shall be guided by the following guidelines applicable to the allocation of supply during shortages:
a. No service shall be extended to new customers until the Board determines that the shortage no longer exists;
b. Service to critical community service facilities, including, without limitation, hospitals and emergency shelters, shall take precedence over service to residential, commercial, institutional, and industrial customers;
c. Potable water service to residential, commercial, institutional, industrial and non-irrigation customers shall take precedence over service to irrigation customers in accordance with the Water Shortage Contingency Plan adopted by the Board;
d. Once residential customers are receiving a supply sufficient to meet their minimal health and safety requirements, potable water service to commercial, institutional, and industrial customers (for non-irrigation uses) shall take precedence over other uses of such water;
e. Service to customers within the District boundaries shall take precedence over service outside the District boundaries.
C. Water Shortage Emergency. The District’s Board of Directors is authorized, pursuant to California Water Code Section 350, to declare a water shortage emergency to prevail within its jurisdiction when it finds and determines that the District will not be able to or cannot satisfy the normal demands and requirements of water consumers without depleting the water supply of the District to the extent that there would be insufficient water for human consumption, sanitation, and fire protection.
1. The Board, by resolution, will declare a water shortage emergency indicating the water shortage stage consistent with the District’s Urban Water and Water Shortage Contingency Plan and implement water use regulations and enforcement actions and penalties as generally described in DSRSDC 4.20.030, Prohibition of water waste, this section, and DSRSDC 4.20.050, Water use violations and enforcement, and as more specifically declared by the resolution and the then-current Water Shortage Contingency Plan. The Board may also adopt water shortage rates per DSRSDC 4.40.020, Water consumption rates and water supply shortage rates.
2. It shall not be necessary to implement any water shortage stage prior to another; the water shortage stages may be implemented in any reasonable order and shall continue to be in effect until the Board makes a determination to terminate the applicable water shortage stage.
3. A Stage 1 water supply shortage will be declared when the District has determined that the water supply is not sufficient to meet normal demand and a reduction in water use up to 10 percent is required. The customers shall strive to reduce water use by 10 percent and the following regulations on water use shall be applicable:
a. Any and all use of potable water in violation of DSRSDC 4.20.030, Prohibition of water waste.
b. Automatic shut-off valves are required for any washing of hard surfaces, buildings, fences, vehicles or machinery from a hose.
c. Customers shall repair or stop all water leaks within the customers’ plumbing system upon discovery or within 24 hours of notification by the District.
d. Landscape irrigation during and within 48 hours after measurable rainfall is prohibited.
4. A Stage 2 water supply shortage will be declared when the District has determined a reduction in water use up to 20 percent is required. The following regulations on water use shall be applicable:
a. All of the prohibitions and restrictions required under a Stage 1 water supply shortage shall all be in effect and shall be mandatory.
b. Landscape irrigation is limited to occur between the hours of 9 p.m. and 6 a.m.
c. Potable landscape irrigation shall be limited to no more than three non-consecutive days per week. The Board, by resolution, may set forth additional limitations on irrigation duration or application rates. Irrigation system checks for breaks/leak repairs by irrigation professionals who remain on-site directly observing the system are excluded.
d. The use of potable water for construction and dust control is prohibited. All potable water construction meters are required to be replaced by recycled water construction meters.
e. Washing of hard surfaces, buildings, fences, vehicles or use of potable water for washing and/or machinery is prohibited, except for building exteriors and fences for the sole purpose of repainting or making repairs. Pressurized washers are required to be equipped with a quick action shut-off nozzle.
f. Cleaning of windows using a direct connection to the potable water supply is prohibited.
g. Lodging establishments must offer to opt-out of daily linen service.
h. Restaurants, cafés, cafeterias, or other public places where food is sold, served, or offered for-sale shall only serve water upon request.
i. Commercial kitchens are required to use pre-rinse spray valves.
5. A Stage 3 water supply shortage will be declared when previous water conservation targets have not been met or when the District has determined a reduction in water use up to 30 percent is required. The following regulations on water use shall be applicable:
a. All of the prohibitions and restrictions required under a Stage 2 water supply shortage shall be in effect and shall be mandatory.
b. Potable landscape irrigation shall be limited to no more than two non-consecutive days per week. The Board, by resolution, may set forth additional limitations on irrigation duration or application rates. Irrigation system checks for breaks/leak repairs by irrigation professionals who remain on-site directly observing the system are excluded. Golf courses, sport fields, and other water-dependent industries shall work with District to identify water use for sensitive areas during non-daylight hours and only to the extent necessary to maintain minimum levels of biological viability.
c. Residential customers’ water use will be limited to a weekly amount as declared by resolution of the District Board to achieve the required conservation target for the shortage.
6. A Stage 4 water supply shortage will be declared when previous water conservation targets have not been met or when the District has determined a reduction in water use up to 40 percent is required. The following regulations on water use shall be applicable:
a. All of the prohibitions and restrictions required under a Stage 3 water supply shortage shall be in effect and shall be mandatory.
b. Potable landscape irrigation shall be limited to no more than one day per week. The Board, by resolution, may set forth additional limitations on irrigation duration or application rates. Irrigation system checks for breaks/leak repairs by present irrigation professionals who remain on-site directly observing the system are excluded. Golf courses, sport fields, and other water-dependent industries shall work with District to identify water use for sensitive areas during non-daylight hours and only to the extent necessary to maintain minimum levels of biological viability.
c. The initial filling of pools, spas, or ponds using potable water is prohibited.
d. Pools, spas, or ponds are allowed to drain and refill only for health or structural needs.
e. Pools must be covered when they are not used to prevent evaporation and should be equipped with recirculating pump(s).
f. Vehicle washing at commercial facilities is limited to washing without direct connection to the water supply or a recirculating water system.
7. A Stage 5 water supply shortage will be declared when water conservation targets have not been met or when the District has determined a reduction in water usage up to 50 percent is required.
a. All of the prohibitions and restrictions required under a Stage 4 water supply shortage shall be in effect and shall be mandatory.
b. Use of potable water for filling or refilling decorative ponds, basins, lakes, waterways, and fountains is prohibited.
c. Spray irrigation for new developments or replacement projects is prohibited. District’s Board, as declared by resolution, may consider a moratorium or net-zero demand increase on new potable connections.
8. A Stage 6 water supply shortage will be declared when water conservation targets have not been met or when the District has determined a reduction in water use greater than 50 percent is required.
a. All of the prohibitions and restrictions required under a Stage 5 water supply shortage shall be in effect and shall be mandatory.
b. No landscape irrigation is allowed. Golf courses, sport fields, and other water-dependent industries shall work with District to identify water use for sensitive areas during non-daylight hours and only to the extent necessary to maintain minimum levels of biological viability. [Ord. 350, 2021; Ord. 351 § 1 (Exh. A), 2021.]
4.20.050 Water use violations and enforcement.
A. A District customer who intentionally or unintentionally violates water use regulations of this chapter will be subject to the following penalties and enforcement provisions, in accordance with DSRSDC 1.30.010, General penalty.
1. When there is evidence that a customer is using water in a manner that appears likely to lead to a violation of this chapter, that customer may be issued either an oral or written warning. Notwithstanding the foregoing, a warning is not a prerequisite to the issuance of a notice of violation.
2. The water use violation and the assessment of penalty will be communicated to the customer via a written notice of violation.
3. For first violations, customers shall be subject to a penalty of $250.00.
4. For second violations, customers shall be subject to a penalty of $500.00.
5. For third violations, customer shall be subject to a penalty of $1,000.
6. For fourth and subsequent violations, customer shall be subject to reductions in the amount of water delivered to the customer, as determined by the District, at its sole discretion.
a. If feasible and if sufficient to prevent a reoccurrence of the violation, a flow restrictor or other physical limitation shall be installed on the customer’s meter connection to limit the water delivered to meet minimum health and safety needs.
b. If a flow restrictor or other physical limitation is not feasible, as determined by the District at its sole discretion, then the customer’s service connection shall be disconnected from the District water system.
B. The District may also seek damages and/or remedies, including fees or fines and the amount of costs incurred by the District to investigate and correct the violation. Full payment of all outstanding penalties and certification by the customer that the violation has been corrected shall be required before the flow restrictor or other physical limitation will be removed or service restored.
C. Violations of more than one regulation are separate violations each of which shall be subject to separate and independent enforcement in accordance with the provisions of this section.
D. Waiver of Violation. A customer may submit a written application for waiver of violation related to water use violations on the District’s form to the District’s General Manager or designee. The General Manager or designee may grant a waiver of a particular violation if the customer’s justification is deemed to be reasonable and if the customer has mitigated the cause of the violation.
1. A customer may appeal a denial of an application for a waiver of violation within 10 calendar days by submitting a written appeal to the Board of Directors. The Board of Directors shall consider written appeals of a denial of an application for a waiver of violation and make the final determination regarding the waiver request at a regular Board of Directors meeting.
E. Administrative penalties pursuant to this section are to be imposed pursuant to the authority provided in California Government Code Section 53069.4, or such additional authority as may later be approved by the Governor pursuant to the California Emergency Services Act or Executive Order, or by action of the California Legislature. The purpose of any administrative penalties assessed pursuant to this section is to assure future compliance by customers through the imposition of increasingly significant fines and penalties so as to create a meaningful disincentive to commit future violations of the rules and regulations contained and referenced herein.
F. The General Manager is authorized and directed to establish appropriate administrative procedures consistent with the provisions of this section, and to take reasonable and appropriate action to fully implement the provisions of this section. [Ord. 350, 2021.]
4.20.060 Definitions.
“Emergency response plan” means the emergency response plan, as amended from time to time and approved by the General Manager for implementation, required pursuant to the “California Emergency Services Act,” codified as Chapter 7, California Emergency Services Act, of Division 1, General, of Title 2, Government of the State of California, of the Government Code, beginning with Section 8550.
“Water emergency” means that, as declared by the General Manager, a specific identifiable discrete event or sudden unexpected occurrence, including without limitation a storm, flood, fire, or an unexpected equipment outage, the failure of a dam, levee, treatment plant, pump, pipeline or other conduit, or a catastrophic event, including, but not limited to, a regional power outage, an earthquake, or other disaster, has occurred that causes a disruption, or creates an imminent threat of disruption, in the water supply to all or a group of District water customers and users.
“Water Shortage Contingency Plan” means the planning document, as amended from time to time and adopted by the Board, setting forth an urban water shortage contingency analysis comprising a required component of the urban water management plan as specified in the “Urban Water Management Planning Act,” codified as Part 2.6, Urban Water Management Planning, of Division 6, Conservation, Development, and Utilization of State Water Resources, in the Water Code, beginning with Section 10620. The water shortage contingency plan is comprised of analyses required to be included in the urban water management plan adopted by the Board from time to time. [Ord. 350, 2021.]