14-1
WATER SERVICE

14-1.1 General Definitions:

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

a.    Approved water supply means a water supply whose potability is regulated by the federal government, state of California or city of Lynwood.

b.    Air gap separation (AG) means the physical break between the supply line and a receiving vessel.

c.    Auxiliary water supply means any water supply other than that received from the city of Lynwood. These auxiliary waters may include water from another purveyor’s public water supply or any natural source(s), such as a well, spring, river, stream, harbor, recaptured stormwater and so forth; 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 city of Lynwood does not have sanitary control.

d.    AWWA standard means the official standard developed and approved by the American Water Works Association (AWWA).

e.    Backflow means the undesirable reversal of flow in a potable water distribution system as a result of a cross-connection or the unwanted flow of used or nonpotable water, foreign liquids or gases or any other substance from any domestic, industrial or institutional piping system into the pure, potable water distribution system.

f.    Backflow preventer or backflow prevention device means a safety device used to prevent pollution or contamination of the water supply due to the reserves flow of water or other substance into the public potable water supply.

g.    Backpressure means a pressure, higher than the supply pressure, caused by a pump, elevated tank, boiler, or any other means that may cause backflow.

h.    Backsiphonage means backflow caused by negative or reduced pressure in the supply piping.

i.    Base rate or fixed component means the minimum fixed charge per billing period for water service to a user as set by the city council by resolution.

j.    Billing period means the calendar accounting unit for which charges are assessed and imposed for water service.

k.    Billing unit means the unit of water used to apply water rates for the purposes of calculating water charges for a person’s water usage and equals one hundred (100) cubic feet or seven hundred forty-eight (748) gallons of water.

l.    City means the city of Lynwood, California.

m.    City council means the city council of the city of Lynwood.

n.    Connection refers to the act of linking the service pipe of a house, building, or other property to the city water system, and also to the physical apparatus by which such linking is accomplished.

o.    Construction meter means a temporary meter attached to a fire hydrant at a construction site to measure water usage at the site.

p.    Contamination means an impairment of a potable water supply by the introduction or admission of any foreign substance that degrades the quality and creates a health hazard.

q.    Cross-connection means the unprotected actual connection or potential connection between a potable water system used to supply water for drinking purposes and any source or system, sewer drain, conduit, pool storage reservoir, plumbing fixture or other device containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur shall be considered cross-connections.

r.    Customer or consumer means all persons obtaining water service from the water supply system of the city of Lynwood.

s.    Developer means a person, natural or otherwise, who divides a tract of land into lots for sale as residential property or who makes improvements to residential, commercial, office or industrial properties.

t.    Double check valve assembly (DC) backflow prevention device means an assembly of at least two (2) independently acting check valves including tightly closed shutoff valves on each side of the check valve assembly and test cocks available for testing the water tightness of each check valve.

u.    Hazardous materials means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. Hazardous materials include, but are not limited to, hazardous substances, hazardous waste, and any material that a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.

v.    Hazardous substance includes, but is not limited to, any hazardous substance as that term is defined under California Health and Safety Code sections 25281(g), 25501(o) and 25501.1, and pursuant to title 42, section 9601(14) of the United States Code; any hazardous waste as that term is defined under title 42, section 6903(5) of the United States Code, and under California Health and Safety Code section 25550(p); any hazardous material, as that term is defined under California Health and Safety Code section 25501(n); any chemical which the Governor of California has identified as a chemical known to cause cancer or reproductive toxicity, pursuant to California Health and Safety Code section 25249.8; and any crude oil or refined or unrefined petroleum product, or any fraction or derivative thereof, and any asbestos or asbestos-containing material. The term hazardous substance includes any amendments to the above-referenced statutes and regulations.

w.    Health agency means the California Department of Health Services, or the local health officer with respect to a small water system.

x.    House line means that portion of the water service pipe from the discharge side of the meter to the structure serviced.

y.    Industrial fluids system means any system containing a fluid or solution that may be chemically, biologically, or otherwise contaminated or polluted in a form or concentrate, such as would constitute a health, system, pollution, or plumbing hazard, if introduced into the city of Lynwood’s water supply.

z.    Local health agency means the county or city health authority.

aa.    Main means a water line designed or used to serve more than one premises.

bb.    Meter tampering means cutting water meter locks or alteration or damage of any water meter or any of its components or unauthorized connections to the city water system or the use of “straight lines,” “cheater pipes” or “bypass hoses” or any other means to take water by bypassing the city water meter or prevent water from being properly metered by the city.

cc.    Person means any person, firm, association of persons or corporation, including public, private or municipal corporation.

dd.    Potable water means water which is suitable for drinking.

ee.    Premises means a private home, building apartment house, condominium, trailer court, mobile home park, a group of adjacent buildings or property utilized under one ownership and under a single control with respect to use of water and the responsibility for payment thereof.

ff.    Potential cross-connection means a fixture or appurtenance with threaded hose connection, tapered spout, or other connection which would facilitate extension of the water supply line beyond its legal termination point.

gg.    Private fire hydrant means a discharge pipe with a valve and spout located on private property at which water may be drawn.

hh.    Private fire service main means a pipe and its appurtenances on private property that is (1) between a source of water and the base of the riser for water-based fire protection systems; or (2) between a source of water and inlets to fire foam making systems; or (3) between a source of water and base elbow of private fire hydrants or monitor nozzles; or (4) used a fire pump suction and discharge piping; or (5) beginning at the inlet side of the check valve on a gravity or pressure tank.

ii.    Processing fluids means any fluid or solution which may be chemically or biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, pollution, or system hazard if introduced into the public water system or a consumer’s potable water system. This includes, but is not limited to, polluted or contaminated waters; processed waters; used waters originating from the public water supply system which may have deteriorated in sanitary quality; cooling waters; questionable or contaminated natural waters taken from wells, lakes, streams, or irrigation systems; chemicals in solution or suspension; oils, gases, acids, alkalis and other liquid and gaseous fluids used in industrial or other processes, or for firefighting purposes.

jj.    Public fire hydrant means a discharge pipe with a valve and spout located on public property for use primarily by fire service personnel at which water may be drawn from the water main.

kk.    Reclaimed water means wastewater which as a result of treatment is suitable for uses other than potable use.

ll.    Recycled water means the reclamation and reuse of nonpotable water for beneficial use.

mm.    Reduced pressure principle (RP) backflow prevention device means a backflow preventer incorporating not less than two (2) check valves, an automatically operated differential relief valve located between the two (2) check valves, a tightly closed shutoff valve on each side of the check valve assembly, and equipped with necessary test cocks for testing.

nn.    Roving meter means a meter attached to a movable vehicle to measure water drawn from a fire hydrant into a tank attached to the vehicle.

oo.    Service line means that portion of water service pipe from the main line up to and including the discharge side of the water meter.

pp.    Straight line or cheater pipe means any type of device installed in lieu of a water meter, connecting to the city’s water service line to a private service line for the purpose of obtaining unmetered water.

qq.    Subdivision is a tract of land divided by a subdivider, or any lot or lots or tract of real property on which any building is or will be built.

rr.    Survey means the collection of information pertaining to a customer’s piping system regarding the location of all connections to the public water supply system and must include the location, type and most recent inspection and testing date of all cross-connection control devices and methods located within that customer’s piping system. The survey must be in written form, and should not be an actual plumbing inspection.

ss.    System means all water source and supply facilities, transmission pipelines, and storage facilities, pumping stations, distribution mains and appurtenances, vehicles and materials storage facilities.

tt.    Usage charge or variable component means the charge per one thousand (1,000) gallons of water used by a water user established by the city council by resolution.

uu.    User means a person, natural or otherwise, who utilizes the water system of the city for any purpose.

vv.    User connection means the point of connection of a user’s piping to the city of Lynwood’s water facilities.

ww.    Water main means the water pipe owned by the city from which water service lines lead.

xx.    Water meter means the instrument which measures and records the amount of water which flows through it.

yy.    Water service means the provision of potable or nonpotable water from various sources, including, but not limited to, groundwater or other native water, imported water, recycled water, reclaimed water, and recaptured stormwater, such that water flows through a system connected to the city water system.

zz.    Water system includes pipes, water mains, meters, valves, reservoirs, tanks, wells, springs, hydrants, sources, pumps and all other property and equipment owned by the city of Lynwood and through or from which water flows.

aaa.    Water user means any person obtaining water from the city of Lynwood’s water supply.

bbb.    Well means an opening in the surface of the earth for the purpose of removing water through nonmechanical or mechanical means for any purpose. (Ord. #1670, §2)

14-1.2 Purpose:

The purpose of this chapter is to (1) establish rules, regulations, policies and procedures for the service and the extension of service from the water system of the city of Lynwood and (2) to promote the public health, safety and general welfare of the users of the water system in accordance with standards established by the city, county, state and federal governments. (Ord. #1670, §2)

14-1.3 Provisions Of Chapter Deemed Incorporated Into Water Service Agreements:

All provisions of this chapter shall be deemed to be incorporated into every service agreement between the city and its water service customer. Each customer shall be charged with knowledge of the provisions of this chapter and, by applying for and accepting water service from the city, to have assented to the provisions of this chapter. (Ord. #1670, §2)

14-1.4 Authority To Establish Administrative Procedures:

The city manager, or city engineer or their designees, shall have the authority to adopt administrative procedures necessary to effectively implement the provisions of this chapter. (Ord. #1670, §2)

14-1.5 City Is Sole Source Of Water Service:

To protect the health, safety and welfare of the community and provide efficiency in the delivery of municipal services, the city of Lynwood shall be the only allowed source of municipal, commercial, industrial and domestic water supply within the incorporated boundaries of the city with the exception of the area currently served by the Park Water district and bottled water purchased for consumption from licensed vendors or retail store. (Ord. #1670, §2)

14-1.6 Right To Refuse, Limit, Or Discontinue Water Service:

The city may not be required to provide water services to any customer unless said customer agrees to the terms and conditions of service, and meets the requirements of the city as set forth herein. Water resources are limited, and the city strives to provide water in an efficient way and to conserve where necessary. As such, the city reserves the right pursuant to California law to limit water service when necessary in the interest of the public health and safety. (Ord. #1670, §2)

14-1.7 Private Water Wells Prohibited:

No person, firm, association, corporation, or any other entity shall drill, install, sink, construct, maintain or use a water well within the city limits of Lynwood, without the prior written approval of the city council. (Ord. #1670, §2)

14-1.8 Public Works Department Provides Water Service:

The public works department shall have authority to operate and maintain the city of Lynwood’s water system and furnish water service to the residents of the city of Lynwood for fees set by the city council by resolution or ordinance. To accomplish these purposes, the public works department is empowered to employ persons, acquire equipment and perform all other acts necessary or incidental to the accomplishment of the above described purposes, subject to all applicable ordinances, resolutions, rules, regulations, policies and directions of the city manager and the city council. (Ord. #1670, §2)

14-1.9 Public Works Department Duties:

The public works department shall administer and enforce this chapter under the direction of the city manager or his or her designees, and manage the city’s water system pursuant to the provisions of this chapter and pursuant to the resolutions, rules, regulations and directives issued by the city manager or adopted by the city council prescribing their powers and duties. (Ord. #1670, §2)

14-1.10 Duty To Treat Water:

The public works department shall treat or cause to be treated the water furnished to the water users hereunder using current water treatment methods if such treatment is necessary for the water to conform to ordinary and contemporary standards of purity and fitness for potable use. (Ord. #1670, §2)

14-1.11 Duty To Maintain Water System:

The public works department shall keep the water system in good repair. Any leaks, breaks, or equipment failures shall be promptly repaired. (Ord. #1670, §2)

14-1.12 Compliance With California Code And Lynwood Municipal Code:

All new buildings or structures located within or outside the corporate city limits, and any additions, modifications, alterations or repairs of existing buildings that use the water facilities of the city, shall comply with the requirements of the Lynwood Municipal Code and the California Building Code as amended, including securing of all permits and inspections required by such code. (Ord. #1670, §2)

14-1.13 Connection Authorized:

The public works department shall cause to be connected with the city’s water system the service line of any property abutting on a city water main after the property owner or his or her agent complies with all of the following provisions of this section:

a.    Water Service Agreement: The property owner, other than a developer, fills out, signs and files with the city finance department a water service agreement approved by the city manager and the city attorney.

b.    Service Line: The property owner or his/her agents shall install a service line to the property location designated by the city public works department which meets the following requirements:

1.    The service line is of material and quality approved by the public works department.

2.    The service line, when used, be buried at a location, depth and grade approved by the public works department.

3.    The service line does not cross property owned by a person other than the property owner who applied for the connection, unless written permission is obtained from the public works department.

4.    The service line, when connected, will supply water to no more than one building, except where written permission is obtained from the public works department. Connection of such a service line may be added, if the property owner applying for the connection is the owner of all buildings located to such service line. For the purposes of payment of fees under this chapter, however, each building which shall receive water service through a common service line shall be deemed to receive said water service through a separate service line for the payment of charges set forth in subsection 14-1.13f.

c.    Illegal Use Of Water Pressure: The water provided through the connection will not be used for the purpose of driving any motor, siphon, turbine, or other wheel, or any hydraulic engine, or elevator, or for driving or propelling machinery of any kind whatsoever, or for any other purpose which the city engineer, city manager or city council have not approved in writing.

d.    Inspection: The service line of the building to be connected has been inspected by an authorized employee of the city and found to conform to these ordinances and to the provisions of the Lynwood building code. The service line and all other underground water lines or connections shall be open and visible to the inspector at the time of the inspection.

e.    Charges Current: The user requesting connection has no unpaid delinquent water charge assessed against him or her by the city of Lynwood for any location within the city’s utility services boundary.

f.    Fees Due At Connection: The user shall pay at the time he or she files his or her application for connection all of the following applicable fees:

1.    The connection charge specified by the city council by resolution.

2.    Water impact fees adopted by the city council by resolution.

3.    Any other fees adopted by the city council by resolution or included in any development agreement approved by the city manager or city council. (Ord. #1670, §2)

14-1.14 Water Service Assigned To One Premises:

No person shall supply or furnish water in any way for use outside of the premises to which the service is assigned or appurtenant. (Ord. #1670, §2)

14-1.15 New Meter Sets:

The city engineer or city manager or their designees shall have the authority to establish rules, regulations, and specifications regarding new meter sets and meter vaults. Meters may be purchased from the public works department. Installation of new meters and construction of meter vaults for new construction shall be at the expense of the contractor or customer. Approval by the public works department shall be required before the water meter set is constructed and service begins. (Ord. #1670, §2)

14-1.16 Extension Of Water System:

In addition to section 14-1.15, the following provisions shall apply to anyone seeking to connect to the city water system where said system does not extend to such property:

a.    Agreement: Whenever a developer or builder desires or is required to install water connections and extensions for a subdivision or other development, the developer shall enter into a written water extension agreement with the city which shall constitute an application for permission to make said extensions and connections that shall be made and the payments that shall be required.

b.    Sizing Of Main Line Extensions: The city reserves the right to determine the size of the pipe necessary in making any extension, but in no case shall pipe smaller than six (6) inches in diameter be installed.

c.    Dedication: Any extension of the city water system granted in accordance with the provisions of subsection 14-1.16b, including all easements necessary to accommodate its installation and maintenance, shall upon completion and acceptance become the property of the city of Lynwood.

d.    Limitation Of Extension Rules: Nothing contained in this chapter shall limit or prevent the city from extending its distribution system whenever it may determine that circumstances so warrant.

e.    Service Outside City Limits: The city of Lynwood is under no obligation to supply water outside the city limits. However, the city of Lynwood may enter into an agreement to furnish water service from its water system to persons outside the city in accordance with the provisions of this section, the terms and conditions of any assessment district, in accordance with city council policies or action, or as otherwise permissible under California law. In addition, any person or persons located outside the city limits that desires to be supplied with water service from the city water system must be willing to (1) pay in advance the whole expenses of extending the water system to his or her property and (2) be annexed to the city.

1.    If, at the time of the initial request for annexation is submitted, the area upon which the facility is located is not contiguous with the city limits or otherwise not legally available for annexation, the owner of the property shall enter into a contract with the city to be approved by the city council, which contract shall provide that the property owner shall not withdraw the written request for annexation, that the written request for annexation shall be kept in full force and effect until such time as the area becomes legally available for annexation. If the annexation request is withdrawn, the facility shall be disconnected from city water. The contract shall run with the land and will be filed at the county recorder’s office.

2.    In addition to the water requirements set forth in this section, any agreement shall contain a certified acknowledgement that the petitioner understands that the city in granting the petition need only supply such water to the petitioner which from time to time shall be deemed by the city council to be beyond the requirements of water use within the city limits and the provision of water service may be curtailed or terminated by the city, subject to section 14-1.6. If the city council grants the petition or any portion thereof, the petitioner and the city of Lynwood shall enter into a written water system extension agreement, which agreement shall be executed prior to the commencement of any work upon said water extension.

3.    If the property is acquired by a new owner, the new owner shall, within ninety (90) days of acquiring the property, submit a written request for the annexation of the area to the city and execute a contract as specified in this section to be approved by the city council. If no such request or contract is received within the time specified, the property shall be disconnected from city water service. (Ord. #1670, §2)

14-1.17 Responsibility Of Service Lines And House Lines:

The city’s responsibility for all water service lines is from the connection at the city’s main water line to the water meter box. From the water meter box to the customer’s premises is the sole responsibility of the customer to install, own, maintain, and/or replace. (Ord. #1670, §2)

14-1.18 Replacement Of Existing Service Line:

The replacement of a previously used service line shall be deemed a connection and the provisions of sections 14-1.16 and 14-1.17 shall apply to said replacement. (Ord. #1670, §2)

14-1.19 Installation And Maintenance Of Meters And Property Stops:

In connecting to a water main, the customer or contractor shall install or cause to be installed a service line of suitable quality under the street and a meter box, meter, and property stop at a location determined by the public works department. Said connection pipe, meter box, meter and property stop are and shall be the property of the city, which retains the sole right to maintain, repair and service said facilities. (Ord. #1670, §2)

14-1.20 Permit For Service Line Repair, Alteration Or Connection:

It shall be unlawful for any person to open, alter, repair or connect to any existing water main or service line without it first having received a permit from the public works department or other authorized city department. No permit authorizing such alteration, repair, connection or opening shall be issued if said alteration or connection results in water service to a building to which such service was not previously furnished, unless such building is owned by the owner of all other buildings connected to said service line. Any connection from an existing service line to a building to which water service was not furnished before the connection is made shall need to be a new, original service line connection and the property owner shall pay the fees set by resolution or ordinance of the city council before receiving the permit referred to above. (Ord. #1670, §2)

14-1.21 Unauthorized Water Connection Or Restoration Of Service:

a.    Prohibited: It shall be unlawful for any person by himself or herself to directly or indirectly through family, servants or agents connect to, disconnect, repair or alter the city water system or any part thereof, including, but not limited to, any water line or water meter, or to open any fire hydrant, property stop, valve, or other fixtures attached to the system of water supply unless it is done pursuant to a city-approved application, agreement, permit or resolution.

b.    Licensed Utility Contractor: A licensed utility contractor approved by the city or a licensed utility contractor under contract with the city may tap a city water line or water main in accordance with the following:

1.    The utility contractor shall be responsible for any damage to the water main or water line where the tap is being made. All repairs to the water main or water line where damage has occurred shall be made by an authorized employee of the public works department or authorized licensed utility contractor. The utility contractor shall be responsible for the cost of the tap to an existing water main or water line.

2.    The licensed utility contractor shall be responsible for any repairs to the tap or service line extension due to any defects of materials or workmanship for one year after the tap has been completed.

3.    The licensed utility contractor shall use all his or her professional skills to ensure that there is no contamination of city water mains. Any contamination of city water mains shall be reported immediately to the public works department. Employees of the department will take corrective measures and fees will be assessed to the person responsible for the damage for all repair work accomplished. (Ord. #1670, §2)

14-1.22 Tampering With Meters:

a.    Inspection And Adjustment: Meters may be checked, inspected or adjusted at the discretion of the city, and they shall not be adjusted or tampered with in any manner or removed by the user or any other person.

b.    Opening Boxes: Meter boxes shall not be opened for the purpose of turning on or off the water except by an authorized representative of the city unless special permission is given by the public works department, except in an emergency.

c.    Meter Interference: No person shall:

1.    Prevent water from passing through any meter connected directly or indirectly with the public water mains.

2.    Prevent any meter from accurately registering the amount of water passing through such meter.

3.    Prevent or obstruct a meter from accurately registering the quantity of water supplied, or in any way interfere with the purpose, action or just registration of a meter.

d.    Responsibility To Prevent: A user shall prevent any damage to the water meter used by such user and shall pay the cost of repairing any damage to the water meter other than normal wear and tear. Any amounts due by reason of this subsection may be added to a user’s bill for water service, and any amount received from such user thereafter shall be applied first against the amount due pursuant to this subsection and thereafter to any other amount(s) due from such user for other purposes. (Ord. #1670, §2)

14-1.23 Misrepresentation In Application Or Service Agreement:

It shall be unlawful to misrepresent a material fact in applying for a water connection or in a water service agreement. Material facts shall include the identity of the applicant as the owner of the property to be connected, and the purpose for which the water service provided will be used. (Ord. #1670, §2)

14-1.24 Customer Responsibility:

Customers are responsible for furnishing the city with their correct address. Failure to receive bills will not be considered a reason for nonpayment, nor permit an extension of the date at which time the account will be considered delinquent. (Ord. #1670, §2)

14-1.25 Forwarding Water Balances:

Should a customer have an unpaid balance from a previous location, a forwarding balance will be added to the customer’s present account. The city reserves the right to disconnect the customer’s present service for unpaid forwarding balances. (Ord. #1670, §2)

14-1.26 Discontinuance Of Service By Water Service User:

Any user desiring to discontinue water service shall notify the finance department. Any credit balance in favor of the user, as a result of a deposit or advance payment, shall be refunded promptly after receipt of the notice of discontinuance, except that an amount to be set by the city council by resolution or ordinance shall be retained by the finance department as a fee for turning off water service. (Ord. #1670, §2)

14-1.27 Charges For Water Service:

a.    Water Fees: The city council shall by resolution or ordinance set the amount of charges, fees, and assessments that include but are not limited to the following:

1.    Base rate or fixed component (readiness to serve) service charge.

2.    Usage charge or variable component charges based upon billing units used by the customer. A billing unit equals one hundred (100) cubic feet or seven hundred forty-eight (748) gallons of water.

3.    Service charges other than the base rate.

4.    Late fees.

5.    Return-check fees.

6.    Development water impact fees.

7.    Water connection fees.

8.    Reconnection fees during regular business hours after water shutoff.

9.    Fire hydrant water use fees from construction or roving meters.

10.    Fire line fee.

11.    Fee for water used by contractors in new construction.

12.    Meter tampering fee.

13.    Missed appointment fee after second missed appointment.

14.    Penalty fee for unauthorized water connections and use of city water by the use of “cheater pipes,” “straight lines,” “hoses” or other means.

15.    Other fees as determined by the city council.

b.    Water Billing Duration: The city shall determine the duration of the billing period and may change the duration of the billing period from time to time. If the due date is a Saturday, Sunday or legal holiday, charges shall become delinquent at the close of business on the next business day after said Saturday, Sunday or legal holiday. Postmarks will not be accepted as the date the payment was received.

c.    Unified Billing: Municipal utility services shall be billed under a unified bill which includes water, sewer, garbage collection charges and other charges as the city council designates.

d.    Unpaid Water Bills Are Liens: All unpaid accounts for water delivered at any premises shall constitute a lien against the same and shall be subject to collection all as provided by the Revenue Bond Law of 1941 as found in Title 5, Division 2, Part 1, Chapter 6 of the California Government Code.

e.    Disputed Bills: If a water bill’s accuracy is questioned or disputed by a customer, the customer shall request an explanation from the city within the current billing period or as soon as possible thereafter. Any amounts withheld by the customer pending resolution of said dispute shall be considered delinquent to the extent said amounts are withheld after they have become due. After reviewing the disputed bill, the city will:

1.    Issue a corrected bill or reflect the corrections on the bill in a subsequent billing period; or

2.    Advise the customer that the bill is correct as presented, in which case the customer may choose to have the meter removed for testing at the customer’s own expense. (Ord. #1670, §2)

14-1.28 Free Service Prohibited:

There shall be no free service rendered by the city and if any local, state or federal government, or any department, agency or instrumentality thereof, or any other public body shall desire service to be rendered by the city, it shall apply for and receive such service pursuant to the city’s ordinances, resolutions, policies, rules and regulations and shall pay for the same as established by resolution or ordinance of the city council. (Ord. #1670, §2)

14-1.29 Application Of Utility Bill Payments:

Any payments received by the city for the payment of utility bills shall be applied to the outstanding balances of service charges in the following order: (1) fines, penalties, assessments or delinquencies, (2) deposit, (3) utility tax, (4) garbage, (5) street sweeping, (6) livable environmental fee, (7) sewer, (8) fire line, (9) readiness to serve water fee, (10) water service billable units. (Ord. #1670, §2)

14-1.30 Payment Delinquency:

Penalties and interest shall be charged on all delinquencies as established by resolution of the city council. All delinquent charges are considered liens against the property and the city manager, finance director or their designees are empowered to file liens against the appropriate premises as set forth in section 14-1.27. Moneys paid where any portion of an account is delinquent shall first be credited to the delinquent portion of the bill and then to the current billing.

For the purposes of this chapter, a water bill will be delinquent if a user is withholding all or portions of said water bill pending resolution of a dispute regarding said water bill.

The city reserves the right to refer accounts to a collection agency when past-due balances exceed one hundred twenty (120) calendar days. (Ord. #1670, §2)

14-1.31 Water Shutoff Notice:

If a service charge remains unpaid for one complete billing period, the finance department shall notify in writing by mail the occupant of the premises at least nineteen (19) days after the bill is sent, that the water service will be discontinued if payment is not made within fifteen (15) calendar days after the date on the notice. A shutoff notice processing fee as determined by resolution of the city council shall be charged at the time that the notice is sent. (Ord. #1670, §2)

14-1.32 Water Service Shutoff:

Except for shutdown of services related to those violations set forth in section 14-1.33, for which no notice is required, notice must be provided to customers prior to a shutdown of services in accordance with section 14-1.31. In addition to the fifteen (15) day termination notice, a final forty-eight (48) hour termination notice shall be given to the property owner if a water service charge remains unpaid. No service shall be disconnected on a Thursday, Friday or the day before a holiday.

However, notwithstanding the foregoing provisions of this section, finance department authorized personnel under the direction of the city manager may, at their discretion, agree to forbear discontinuance of water service for a limited period of time and by special, written agreement with the water user in arrears. Failure of the water recipient to keep future charges current and fulfill all the terms of the agreement may make the agreement null and void and make all charges in arrears due immediately. Failure to pay immediately all charges in arrears will result in discontinuance of water service.

Water services shall be restored at such time as the financial cause for termination or discontinuance has been rectified and payment has been made of all proper charges due, including any reconnection charges. If water service has been shut down due to some physical cause, water service shall be restored upon such cause being rectified. (Ord. #1670, §2)

14-1.33 Unauthorized Water Service – Theft Of Services:

a.    Prohibited: It shall be unlawful to provide oneself or others with (or make use of) water service from the city water system without authorization from the city. When water service has been discontinued by the public works department for nonpayment of water charges, noncompliance with these ordinances, or for any other reason, it shall be unlawful to restore water service or receive water service by any means without authorization by the city. The presence at any time on or about any meter, water line or water main of the city (whether such meter is owned or operated by the city or others) of a pipe or any other device which diverts water or results in taking of any water except through an authorized meter shall constitute prima facie evidence on the part of the person owning or having custody or control of the premises (where such a device or pipe is located) of the knowledge of the existence thereof. The knowledge of such existence by the person who would benefit by the failure of the water to be accurately metered shall further constitute prima facie evidence of intention on the part of such person to violate this section.

b.    Meter Removal: If water service has been discontinued by the public works department due to nonpayment or for any other reason, and the customer turns the service back on or otherwise restores service without approval, the public works department may remove the meter and plug the service.

c.    Unauthorized Water Use Charges: In addition to any criminal penalties, the city may assess charges and fees established by resolution or ordinance for meter tampering, meter removal or unauthorized use of the city water service. Such charges may be collected as provided by this chapter. (Ord. #1670, §2)

14-1.34 Appeals:

The city manager is hereby authorized to hear appeals regarding water service and make any corrections of any assessments or charges that he or she believes is just and appropriate under the circumstances. (Ord. #1670, §2)

14-1.35 Legal Action:

The finance director, city attorney or city manager or their designees are hereby authorized and empowered to enforce the payment of all delinquent water charges whether for water connection or for water service, by any action at law in the corporate name of the city if the amount paid in advance or in deposit, if any, by the defaulting water user is not sufficient to fully extinguish the liability of said user to the city for the water connection or water service. (Ord. #1670, §2)

14-1.36 Responsibility For Water Leakage:

All property owners, or their agents and tenants, shall be held responsible as consumers for loss of water due to leakage in the pipe or plumbing beyond the discharge side of the meter or on the property. If lost water is not paid in accordance with the provisions of this chapter and in accordance with rates established by resolution or ordinance by the city council, the water service may be discontinued until all amounts due are paid.

Water service will not be restored until all leaks have been repaired to the satisfaction of the public works department. (Ord. #1670, §2)

14-1.37 Water Meters:

a.    Water Metering Required: All water delivered by the city to its customers shall be metered through water meters owned by the city. However, the city manager or his or her designees may authorize unmetered water use for temporary special purposes, and enter into agreements for the assessment of charges thereof.

b.    Sub-Metering: It shall be unlawful for any person to construct, occupy or allow to be occupied any structure in which the construction plan provides for a master meter and sub-metering of water consumption of one or more owners or tenants, unless the plan has been approved by the city manager or his or her designees. Each occupied structure and any unimproved parcel shall be served water through a separate metered connection, except that structures located on a single parcel and under the same ownership, office buildings, hotels, motels, apartment houses, courts and multifamily dwellings may be served by a single metered connection.

c.    Meters To Be Approved By City: The size, type, location and right to own and control all meters installed or used by consumers of its water shall be determined by the public works department.

d.    Ownership And Installation: All meters installed on water service connections shall be and remain the property of the city and shall be removed only by the city. Consistent with section 14-1.15, installation of new meters and construction of meter vaults for new construction shall be at the expense of the contractor or customer.

e.    Maintenance And Repair: The city shall maintain and repair all domestic, commercial and industrial service water meters and shall replace meters periodically, when necessary, if rendered unserviceable by ordinary use. When replacement or repairs to any meter are made necessary by the willful act, neglect or carelessness of the owner or occupant of the premises serviced, all expenses of such replacement shall be borne by the owner or occupant of the premises.

f.    Testing: If a user submits a written request for a test of his or her water meter, the public works department may, if the circumstances deem it advisable, order a test of the meter measuring the water delivered to such user. If such request to test the meter is made within twelve (12) months after the date of the last previous test, the user will be required to pay the costs of such test if the meter is found in such test to record from ninety-seven percent (97%) to one hundred three percent (103%) of accuracy under testing methods satisfactory to the public works department. In the event that the meter is found to be recording less than ninety-seven percent (97%) or more than one hundred three percent (103%) of accuracy, the city shall make such adjustments in the user’s bill as are just and fair under the circumstances.

g.    Stopped Meters: If meters fail to register at any time, the water delivered during this period shall be estimated on the basis of previous consumption. If the user has no previous consumption, then a reasonable estimate may be made by the finance department and public works department based on historical information maintained by the city.

h.    Construction Meters And Roving Meters: Construction meters are to be installed or moved by the contractor under the supervision of city personnel. Roving meters are to be installed on equipment by the contractor. A deposit may be required for construction or roving meters owned by the city and will be forfeited if the meter is lost, damaged or stolen. Meter readings are to be reported by the user to the public works department or finance department monthly. Failure to provide a monthly meter reading will cause the public works department to estimate usage and bill accordingly. A minimum charge will be assessed if no usage is recorded on the meter.

i.    Loaned Meters: No person shall refuse to deliver any meter or other appliance loaned to him or her by the public works department for the purpose of furnishing water through the meter and registering the quantity thereof.

j.    Access To Meters: Access to water meters by city personnel must be provided at all times.

k.    Plumbers: Notwithstanding any other provision of this chapter, in the case of leaks or other accidents damaging service lines or other apparatus connected with the water system, plumbers or other qualified persons may shut off the water at the water box to make necessary repairs and turn on the water upon completion of such repairs without obtaining authorization. (Ord. #1670, §2)

14-1.38 Interruption Of Water Service:

a.    Water Service May Be Interrupted: The city will undertake to use reasonable care and diligence in order to prevent and avoid interruptions and fluctuations in water service, but it cannot and does not guarantee that such will not occur.

b.    Repairs, Connections, Extensions And Maintenance: The city reserves the right to temporarily discontinue and to reconnect water service without notice to all users for the purpose of making repairs, connections, extensions and cleaning of mains, machinery, storage reservoirs or any other appurtenances to the water supply and distribution system. All users having boilers, air conditioning equipment or other water-consuming devices which may become damaged due to interruption of water service, and which are supplied directly with city water, need to take action to avoid or minimize their risk. The city shall not be liable for any damage that may occur on account of the water being cut off for any purpose.

c.    Water Pressure: The city shall not be liable for any damage to plumbing, pipes or fixtures on premises caused by pressure from the city water system.

d.    Notice: While it is the intention of the city to give notice in advance of any work (which is not considered an emergency) which must be done that will necessitate any interruption of the supply, such notice is to be considered a courtesy, and not a requirement on the part of the city. Property owners must so regulate their installations connected with the water supply system that damage will not occur if water is shut off or turned back on without notice. (Ord. #1670, §2)

14-1.39 Water Supply And Pressure:

a.    Water Supply And Pressure: The city does not guarantee a uniform pressure, or an uninterrupted supply of water, and customers are cautioned to provide appropriate devices to satisfy specific pressure requirements and sufficient storage of water where absolutely uninterrupted water supply and pressure must be assured.

b.    Minimum Water Pressure: Based on the California Department of Health Services (DHS) regulations, the city provides each customer with a minimum of twenty (20) pounds per square inch (psi) water pressure as measured at the water main in the street. (Ord. #1670, §2)

14-1.40 Disconnection Of Service – Condemned Buildings:

Whenever a premises supplied with water has been found by the proper authorities to be dangerous to human life and unfit for human habitation, and notice of such findings has been issued by the proper authority, the city shall cause the water service to such premises to be turned off. Water service to such premises shall not be restored until the owner and/or his or her agent has secured a release or clearance from the proper authorities. (Ord. #1670, §2)

14-1.41 Repair And Replacement Of House Lines:

It shall be the responsibility of the owner of the property to make all repairs and replacements of house lines from the discharge side of the water meter to the structure. A permit is required for the replacement of a house line. (Ord. #1670, §2)

14-1.42 Authorized City Representatives Have Free Access:

a.    Service Access: Free access at ordinary hours shall be granted to the city and its authorized representatives to any place supplied with water service from the municipal system for the purpose of examining the apparatus, the amounts of water used, manner of its use, to make any and all necessary adjustments to said system, and to assure conformity to all city water ordinances, resolutions, policies and regulations.

b.    No Service Without Access: Whenever the owner or the occupant of any premises provided service by the city restrains authorized city employees from making such necessary inspections, water service may be refused or discontinued. (Ord. #1670, §2)

14-1.43 Abandonment Of Service Lines And House Lines:

a.    Permanent Abandonment: All service lines and house lines which are permanently abandoned shall be securely capped or plugged at a location designated by the city public works department.

b.    Temporary Abandonment: Water service lines which will be abandoned temporarily shall be cut and plugged at the property line leaving the meter installation and meter box intact.

c.    Inspection: Any water service pipe temporarily abandoned for more than two (2) years must be inspected by the public works department before that pipe can be placed into operation. If the service line or house line does not conform to minimum standards, the service pipe shall not be used and shall be abandoned permanently by the owner. (Ord. #1670, §2)

14-1.44 Outdoor Water Sprinklers:

a.    Water Pressure: It shall be unlawful for any person to use such number of outdoor water sprinkler outlets simultaneously or to use such sprinklers or combinations of sprinklers or outlets as will, in the opinion of the public works department, materially affect the pressure or water supply of the city water system or any part thereof. The public works department may specify by regulation combinations or number of sprinklers and outlets which may have such effect.

b.    Notice: The public works department shall, after determination that such improper sprinkler use exists, notify the offending water user, or the owner of the premises whereon such use occurs, of such determination in writing and order such use discontinued. (Ord. #1670, §2)

14-1.45 Water Use Curtailment:

In time of water scarcity, whenever it shall in the judgment of the city council by resolution be necessary to limit the use of water, it shall be unlawful for any person by himself or herself, family, servants or agents to violate any resolution made by the city council pursuant to this section. If any violation shall occur, then in addition to any other penalty, the water service to the premises upon which such violation occurs may be shut off. If shut off for this reason, it shall not be turned on again until the payment of an amount set by the city council for each violation of the said resolution is received. (Ord. #1670, §2)

14-1.46 Trespass And Damage To Water System:

a.    Prohibited: It shall be unlawful for any person to destroy, deface, damage, injure, tamper or interfere with the operation of any part, pipe, fixture, appliance, appurtenance or property of the city of Lynwood water system, or shall place or cause to be placed, or induced into the city of Lynwood water system or any source of water supplying said system, any substance poisonous to human life or harmful to human health or detrimentally affecting the taste, smell, color, odor, or other aesthetic characteristic of the water.

b.    Trespassing Upon Water Works: It shall be unlawful to trespass inside the fenced enclosure of any city-owned water or public works department facility or in any other manner to interfere with or prevent the operation of such systems and the water supply therefor, or any portion thereof.

c.    Clear Access: It shall be unlawful for any person to store, maintain or keep any goods, merchandise, materials or rubbish within a distance of five feet (5') of, or to interfere with, the access or operation of any water meter, gate valve, fire hydrant, or other apparatus in use on any water service, connection, water main or fire protection service.

d.    Restitution: All damages or injury to the lines, meters or other materials of the city on or near a user’s premises caused by any act or neglect of the user or his or her agents shall, in the discretion of the city, be repaired by or at the expense of the user. The user shall pay all costs and expenses, including reasonable attorneys’ fees, which may arise or accrue to the city through its efforts to repair or recover expenses for the repair of the damage to the lines, meters or other equipment of the city water system or public works department. (Ord. #1670, §2)

14-1.47 Water Use By Contractors:

The public works department may permit use of water from fire hydrants by contractors of public work, or by public utilities that are engaged in work on public streets, subject to the conditions of this chapter. A charge shall be paid in advance for use of water from fire hydrants which shall be set by the city council by resolution. (Ord. #1670, §2)

14-1.48 Maintenance And Control Of Public Fire Hydrants:

Public fire hydrants are the property of the city of Lynwood and are under the control of and shall be kept in repair by the public works department. Private fire hydrants on private property shall be kept in repair by the private property owner. (Ord. #1670, §2)

14-1.49 Drawing Of Water From Fire Hydrants:

a.    Unauthorized Use: It shall be unlawful for any person, except a member of the fire department, public works department or other authorized city employee in the scope of employment, to open or use water from a fire hydrant, or to take off the cap without permission from the public works department, or to remove the cap by using any wrench other than the wrench made specifically for that purpose.

b.    Permit Required: No person other than a duly authorized employee of the city shall use water from, or connect any apparatus to, a fire hydrant, nor shall any person remove, obliterate, deface, or obstruct any permit. Any permit, wrench, connecting apparatus, valve, hose, or other apparatus attached to a fire hydrant in violation of this section shall be subject to confiscation by the city. (Ord. #1670, §2)

14-1.50 Use Of Water Service During Fire:

In the event of a fire within the city, a fireman or employee of the public works department may order that all valves, taps and property stops connected to the plumbing systems of any property supplied with water service be closed and remain closed until the fire is extinguished. (Ord. #1670, §2)

14-1.51 Fire Sprinkler System Inspections:

Every customer receiving water from the public works department through a fire sprinkler system for the purpose of fire protection which is not metered shall at all reasonable times permit the public works department, fire department or other authorized employee to enter the premises and building for examination of pipes and fixtures to ensure that the system is maintained only for fire protection. Refusal by such customer shall result in refusal of water supply from the public works department until such permission is granted. (Ord. #1670, §2)

14-1.52 Private Fire Service Water Mains, Sprinkler Systems And Fire Service Storage Tanks:

a.    Sprinkler And Fire Service Connections: No connection for a sprinkler or private fire service main shall be permitted unless application therefor has been made to and granted by the public works department and approved by the fire department and city building official. In no instance shall any connection be made with any sprinkler or private fire service main without the written consent of the public works department.

Should it be found that any unauthorized connection has been made, or that any water has been used from a sprinkler or private fire service main for any other purpose than extinguishing a fire, or that a waste of water is permitted from such connection through leaks in the pipes or fixtures, the water service may be discontinued until a meter prescribed by the public works department has been installed at the expense of the customer. Fire sprinkler systems and fire service connections shall be installed with a detection meter of a size and type approved by the city engineer.

b.    Financial Responsibility: The furnishing, installation, maintenance and inspection of all meters and services, checks, bypasses, valves, piping, etc., necessary for the installation and operation of sprinkler systems and fire services shall be at the expense of the customer.

c.    Insurance Services Office Guidelines: Fire protection systems shall be provided in accordance with Insurance Services Office (ISO) guidelines.

d.    Ground Storage Reservoirs Or Fire Pumps: When ground storage reservoirs or fire pumps are installed on private property, such pumps shall discharge into a fire system approved by the public works department, fire department and city building official. An approved check valve shall be installed in the owner’s fire service between the point where the pump discharges into such service and the connection of such fire service to the city water mains to prevent backflow from the fire pump into the city distribution system. The water in such fire storage tanks will be maintained in a potable condition and subject to periodic inspection by public works department personnel. Such tanks and water quality shall be maintained in compliance with the standards and requirements of the State Department of Health and the city. Such tanks shall not be of the pressure type. The delivery of city water to the tank shall be above the tank flow line with a one foot air gap. The supply line to this tank shall not be controlled by a quick-acting valve which will cause water hammer in the distribution system. Water tanks shall be equipped with an overflow pipe at least twelve inches (12") below the city inlet pipe. The overflow pipe shall be protected as to prevent access of insects, birds, or animal life into the reservoir. The pipe shall be at least two inches (2") in diameter larger than the inlet supply line from the city distribution system. Such storage tank shall be provided with a drainpipe and valve for easy drainage of the tank. The drain pipe may not be connected to the city sanitary sewer system. (Ord. #1670, §2)

14-1.53 Purpose Of City Water Backflow Prevention And Cross-Connection Program:

The purpose of the city’s water backflow prevention and cross-connection program is to:

a.    Protect City Water System: Protect the public potable water supply of the city of Lynwood from the possibility of contamination or pollution by isolating within the customer’s internal distribution system(s) or customer’s private water system(s) such contaminants or pollutants that could backflow into the public water system.

b.    Eliminate Water Cross-Connections Or Potential Water Cross-Connections: Promote the elimination or control of existing water cross-connections, actual or potential, between the customer’s in-plant potable water system(s) and nonpotable water systems, plumbing fixtures, and industrial piping systems.

c.    Cross-Connection Program: Provide for the maintenance of a continuing program of cross-connection control that will systematically and effectively prevent the contamination or pollution of all potable water systems. (Ord. #1670, §2)

14-1.54 Water Cross-Connections And Potential Water Cross-Connections Prohibited:

The installation or maintenance of a water cross-connection or potential water cross-connection is prohibited. Any such cross-connection or potential cross-connection now existing or hereafter installed is hereby declared a public health hazard and a public nuisance and shall be abated immediately. Water service will be discontinued to any premises upon failure to comply with the provisions of this chapter. For protection of the city’s water supply from backflow, furnishing of water service shall be contingent upon the customer providing cross-connection control approved by the city of Lynwood. (Ord. #1670, §2)

14-1.55 Responsibility For City Backflow Prevention And Cross-Connection Program:

The city engineer and public works department shall be responsible for the protection of the public water system from contamination or pollution due to the backflow of contaminants or pollutants through any water service connection. The city engineer and public works department shall determine the type, design, layout and location of backflow prevention devices required at each premises. (Ord. #1670, §2)

14-1.56 Responsibility Of Owner And Customer For Water Cross-Connections, Potential Cross-Connections And Backflow Prevention:

The owner or customer shall be responsible for protection of the public water supply system from contamination due to backflow or back-siphonage of contaminants through the owner’s or customer’s water service connection. If, in the judgment of the city engineer or public works department or their authorized representatives, an approved backflow prevention device is necessary for the safety of the public water supply system, the city engineer or the public works department shall give notice to the owner or customer to install such approved backflow prevention device at each service connection to the premises. The owner or customer shall immediately install such approved device or devices at his or her own expense. Failure, refusal or inability on the part of the consumer to install such device or devices immediately shall constitute grounds for discontinuing water service to the premises until such device or devices have been installed. The city engineer or public works department may require the consumer to submit a cross-connection inspection report to the city to assist in determining whether or not service line protection will be required. (Ord. #1670, §2)

14-1.57 Water Backflow Prevention And Cross-Connection Program:

The city of Lynwood shall protect the public water supply from contamination by implementation of a backflow prevention and cross-connection control program. The program, or any portion thereof, may be implemented (1) directly by the city of Lynwood, (2) by contract with a private firm or organization, (3) by means of a contract with the local health agency, or (4) with another agency approved by the local health agency. Lynwood’s cross-connection control program shall be for the purpose of addressing the requirements of sections 7585 through 7605 of the California Code of Regulations, title 17, division 1, chapter 5, group 4. It includes, but is not limited to, the following:

a.    Rules And Regulations: The adoption of operating rules, regulations, ordinances and resolutions to implement the cross-connection program.

b.    Surveys: The conducting of surveys to identify water user premises where cross-connections or potential cross-connections are likely to occur.

c.    Backflow Protection: The provision of backflow protection by the water user at the user’s connection or within the user’s premises or both.

d.    Cross-Connection Specialist: The provision of at least one person trained in cross-connection control to carry out the cross-connection program.

e.    Testing: The establishment of a procedure or system for testing backflow preventers.

f.    Records: The maintenance of records of locations, tests, and repairs of backflow preventers. (Ord. #1670, §2)

14-1.58 Investigations By Public Works Department:

It shall be the duty of the public works department and its authorized representatives to cause surveys and investigations to be made of residential, commercial and industrial and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated at least every two (2) years or as often as the inspector shall deem necessary. Records of such surveys shall be maintained and available for review for a period of at least five (5) years. (Ord. #1670, §2)

14-1.59 Right To Enter Premises:

The approved cross-connection control device inspector shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system for the purpose of verifying the presence or absence of cross-connections and that inspector or his or her authorized agent shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system for the purpose of verifying information submitted by the customer regarding the required cross-connection control inspection. On demand, the owner, lessee or occupants of any property so served shall furnish to the inspector any information which he or she may request regarding the piping system or systems or water use on such property. The refusal of such information when demanded shall, within the discretion of the inspector, be evidence of the presence of improper connections as provided in this chapter. (Ord. #1670, §2)

14-1.60 Evaluation Of Water User Health Hazards:

The city of Lynwood shall evaluate the degree of potential health hazard to the public water supply which may be created as a result of conditions existing on a user’s premises. The city of Lynwood, however, shall not be responsible for abatement of cross-connections which may exist within a water user’s premises. As a minimum, the evaluation should consider (1) the existence of cross-connections, (2) the nature of materials handled on the property, (3) the probability of backflow occurring, (4) the degree of piping system complexity and (5) the potential for piping system modification. Special consideration shall be given to the premises of the following types of users:

a.    Hazardous Substances, Hazardous Materials, Biological Wastes, Biological Byproducts, Processing Fluids Or Industrial Fluids: Premises where hazardous substances, hazardous materials, biological wastes, biological byproducts, processing fluids or industrial fluids harmful to health are handled under pressure or in a manner which could permit their entry into the public water system. This includes chemical or biological processing waters and water from public water supplies which have deteriorated in sanitary quality.

b.    Auxiliary Water Supply: Premises having an auxiliary water supply, unless the auxiliary supply is accepted as an additional source by the city of Lynwood and is approved by the local health agency.

c.    Internal Cross-Connections: Premises that have internal cross-connections that are not abated to the satisfaction of the city of Lynwood or health agency.

d.    Restricted Entry Areas: Premises where cross-connections are likely to occur and entry is restricted so that cross-connection inspections cannot be made with sufficient frequency or on sufficiently short notice to assure that cross-connections do not exist.

e.    History Of Cross-Connections: Premises having a repeated history of cross-connections being established or reestablished. (Ord. #1670, §2)

14-1.61 User Supervisor:

The health agency and the city of Lynwood may, at their discretion, require an industrial water user to designate a user supervisor when the water user’s premises have a multi-piping system that conveys various types of fluids, some of which may be hazardous and where changes in the piping system are frequently made. The user supervisor shall be responsible for the avoidance of cross-connections during the installation, operation and maintenance of the water user’s pipelines and equipment. (Ord. #1670, §2)

14-1.62 Approval Of Backflow Prevention Devices:

Backflow prevention devices required by this chapter shall have passed laboratory and field evaluation tests performed by a recognized testing organization which have demonstrated their competency to perform such tests to the Department of Health Services (DHS). (Ord. #1670, §2)

14-1.63 Type And Construction Of Backflow Prevention Devices:

a.    Air-Gap Separation (AG) Backflow Prevention Device: An air gap separation (AG) backflow prevention device shall be at least double the diameter of the supply pipe, measured vertically from the flood rim of the receiving vessel to the supply pipe; however, in no case shall this separation be less than one inch (1").

b.    Reduced Pressure Principle (RP) Backflow Prevention Device: A required reduced pressure principle (RP) backflow prevention device shall, as a minimum, conform to the AWWA Standard C506-78 (R83) adopted on January 28, 1978, for reduced pressure principle type backflow prevention devices which is herein incorporated by reference.

c.    Double Check Valve Assembly (DC) Backflow Prevention Device: A required double check valve assembly (DC) backflow prevention device shall, as a minimum, conform to the AWWA Standard C506-78 (R83) adopted on January 28, 1978, for double check valve type backflow prevention devices which is herein incorporated by reference. (Ord. #1670, §2)

14-1.64 Determination And Inspection Of Backflow Prevention Devices:

The public works department or city engineer or their authorized representatives shall determine the type, design and layout of backflow prevention devices required at each premises. All devices shall be installed at the expense of the customer. The backflow prevention devices shall be inspected, tested and approved by the city engineer or the public works department or their authorized representatives as a condition of water service to the premises. The backflow prevention devices shall be inspected, tested and approved by the city engineer or public works department as a condition of service to the premises. If in the judgment of the public works department or city engineer, an approved backflow prevention device is required at the water service connection for the protection of the water system, the public works department or city engineer or their authorized representative shall give notice in writing to the consumer, and the notice shall direct the consumer to install an approved backflow assembly at specific locations on his or her premises. Failure, refusal or inability on the part of the customer to install the backflow prevention assembly shall constitute grounds for discontinuing water service to the premises until such requirements have been met. (Ord. #1670, §2)

14-1.65 Location Of Backflow Prevention Devices:

a.    Air Gap Separation Backflow (AG) Prevention Device: An air gap separation (AG) backflow prevention device shall be located as close as practical to the user’s connection and all piping between the user’s connection and the receiving tank shall be entirely visible unless otherwise approved in writing by the city of Lynwood and the health agency.

b.    Reduced Pressure Principle (RP) Backflow Prevention Device: A reduced pressure principle (RP) backflow prevention device shall be located as close as practical to the user’s connection and shall be installed a minimum of twelve inches (12") above grade and not more than thirty-six inches (36") above grade as measured from the bottom of the device and with a minimum of twelve inches (12") side clearance.

c.    Double Check Valve Assembly (DC) Backflow Prevention Device: A double check valve assembly backflow prevention device shall be located as close as practical to the user’s connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. (Ord. #1670, §2)

14-1.66 Minimum Backflow Prevention Protection Required:

The type of protection that shall be provided to prevent backflow into the public water supply shall be determined by the city of Lynwood and be commensurate with the degree of hazard that exists on the consumer’s premises. The type of protective device that may be required (listed in an increasing level of protection) includes: double check valve assembly (DC) backflow prevention device, reduced pressure principle backflow prevention device (RP) and an air gap separation (AG) backflow prevention device. The water user may choose a higher level of protection than required by the city of Lynwood. The minimum types of backflow protection required to protect the public water supply, at the water user’s connection with various degrees of hazard, are given below. Situations not covered below shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the city of Lynwood.

a.    Sewage, Hazardous Substances, Hazardous Materials, Biological Wastes, Biological Byproducts, Processing Fluids, Or Industrial Fluids:

1.    Minimum protection: air gap separation (AG) backflow prevention device. Premises where hazardous substances, biological wastes or biological byproducts, processing fluids or industrial fluids or any other objectionable or toxic substances are handled in a fashion as to create an actual or potential hazard to the public water system. This does not include a single-family residence that has a sewage lift pump.

2.    Minimum protection: reduced pressure principle (RP) backflow prevention device. Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are, or can be, injected.

b.    Auxiliary Water Supplies:

1.    Minimum protection: air gap separation (AG) backflow prevention device. Premises where there is an unapproved auxiliary water supply which is interconnected with the public water system. An RP or DC may be provided in lieu of an AG if approved by the city of Lynwood.

2.    Minimum protection: reduced pressure principle (RP) backflow prevention device. Premises where there is an unapproved auxiliary water supply and there are no interconnections with the public water system. A DC may be provided in lieu of an RP if approved by the city of Lynwood.

c.    Recycled Water:

1.    Minimum protection: air gap separation (AG) backflow prevention device. Premises where the public water system is used to supplement the recycled water supply.

2.    Minimum protection: reduced pressure principle (RP) backflow prevention device. Premises where recycled water is used other than as allowed in subsection 14-1.66c3, and there is no interconnection with the potable water system.

3.    Minimum protection: double check valve assembly (DC) backflow prevention device. Residences using recycled water for landscape irrigation as part of an approved dual plumbed-use area.

d.    Fire Protection Systems:

1.    Minimum protection: double check valve assembly (DC) backflow prevention device. Premises where the fire system is directly supplied from the public water system and there is an unapproved auxiliary water supply on or to the premises (not interconnected).

2.    Minimum protection: air gap separation (AG) backflow prevention device. Premises where the fire system is supplied from the public water system and interconnected with an unapproved auxiliary water supply. An RP may be provided in lieu of an AG if approved by the city of Lynwood.

3.    Minimum protection: double check valve assembly (DC) backflow prevention device. Premises where the fire system is supplied from the public water system and where either elevated storage tanks or fire pumps which take suction from private reservoirs or tanks are used.

4.    Minimum protection: double check valve assembly (DC) backflow prevention device. Premises where the fire system is supplied from the public water supply and where recycled water is used in a separate piping system within the same building.

e.    Restricted Entry Areas: Minimum protection: reduced pressure principle (RP) backflow prevention device. Premises where entry is restricted so that inspections for cross- connections cannot be made with sufficient frequency or at sufficiently short notice to assure that water cross-connections do not exist.

f.    History Of Water Cross-Connections: Minimum protection: reduced pressure principle (RP) backflow prevention device. Premises where there is a repeated history of cross-connections being established or reestablished.

g.    Substances Objectionable, But Not Hazardous To Health: Minimum protection: double check valve assembly (DC) backflow prevention device. Premises where there is water or a substance that would be objectionable, but not hazardous to health, if introduced into the water system. (Ord. #1670, §2)

14-1.67 Contamination Costs And The Consumer:

The water customer or consumer shall be responsible for backsiphoned material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, and shall bear the cost of cleanup of the potable water supply system. (Ord. #1670, §2)

14-1.68 Lawn Sprinkler Backflow Prevention Specifications:

a.    Backflow Prevention Device Required: A lawn sprinkler system connected to a residential, commercial or industrial premises shall be equipped with an approved backflow prevention device placed between the sprinkler stop and waste valve and the first sprinkler outlet. The approved backflow prevention device shall be placed at a height as provided in the applicable city plumbing code. The stop and waste valve and approved backflow prevention device shall be in the sprinkler line after it branches from the water service pipe or building plumbing.

b.    Installation: The stop and waste valve for a lawn sprinkler shall be at the same depth as the water service pipe. However, the lawn sprinkler system may be laid to a lesser depth at the option of the owner. Such additional stop and waste valves as are required to properly drain the sprinkler piping shall also be installed. All backflow prevention devices shall be inspected by an authorized city employee prior to utilization of the system. Water service may be refused on existing lawn sprinkler systems which are not equipped with a stop and waste valve and an approved backflow prevention device. (Ord. #1670, §2)

14-1.69 Testing And Maintenance Of Backflow Prevention Devices:

a.    Responsibility: It shall be the duty of the water user at any premises on which backflow prevention devices are installed to have these devices maintained, inspected, tested and repaired in accordance with the directives of the public works department or city engineer.

b.    Maintenance: The city of Lynwood shall assure that adequate maintenance and periodic testing are provided by the water user to ensure their proper operation.

c.    Tester Competency: Backflow prevention devices shall be tested by persons who have demonstrated their competency in testing of these devices to the city of Lynwood or health agency.

d.    Inspection And Testing: Backflow preventers shall be inspected and tested at least annually or more frequently if determined to be necessary by the health agency or the city of Lynwood. When devices are found to be defective, they shall be repaired or replaced in accordance with the provisions of this chapter. Any defects found in any backflow device shall be corrected by the customer within three (3) days. Failure to correct such defects is cause for discontinuance of water service.

e.    Testing Timing: Backflow prevention devices shall be tested immediately after they are installed, relocated, or repaired and not placed in service unless they are functioning as required.

f.    Testing Notification: The city of Lynwood shall notify the water user when testing of backflow preventers is needed. The notice shall contain the date when the test must be completed.

g.    Testing Reports: Reports of testing and maintenance shall be maintained by the city of Lynwood for a minimum of three (3) years. (Ord. #1670, §2)

14-1.70 Violations And Penalties For Water Cross-Connections, Potential Cross-Connections And Backflow Prevention Regulations:

a.    Deny Or Discontinue Service: The city shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by the city is not installed, tested, maintained and repaired in a manner acceptable to the city, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises, or if a low pressure cutoff required by these regulations is not installed and maintained in working order.

b.    Compliance Required: Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with these regulations and to the satisfaction of the city, and the required reconnection fee is paid.

c.    No Liability: Neither the city nor its agents or assigns shall be liable to any customers of the city for any injury, damages or lost revenues which may result from termination of said customer’s water supply in accordance with the terms of this chapter, whether or not said termination of the water supply was with or without notice.

d.    Cleanup Costs: The water customer or consumer responsible for back-siphoned material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, must bear the cost of cleanup of the potable water supply system.

e.    Notice: Any person found to be violating any provision of this chapter shall be served with written notice stating the notice of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation.

f.    Fines And Penalties: Any person violating any of the provisions of this chapter, in addition to the fine provided, shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation, whether the same was caused before or after notice. (Ord. #1670, §2)

14-1.71 Enforcement:

It shall be the duty of the police, fire and all other departments and employees to give vigilant aid to the public works department in the enforcement of the provisions of this chapter. (Ord. #1670, §2)

14-1.72 Severability:

If any section, subsection, sentence or clause or phrase of this chapter is, for any reason held to be unconstitutional, void or unlawful, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. #1670, §2)