Chapter 13.04 WATER

(a) “Water division” means that certain division, branch or function of the city of Cerritos within the department of public works which cares for, maintains and operates pumps, plants, mains, and all necessary facilities for the acquiring, distributing and selling of water within the city.

(b) “Water superintendent” means the person within the department of public works designated by the city manager to have charge of the supervision and administration of the water division of the city.

(c) “Employee” means any person designated by the city manager or the water superintendent to perform work and labor for the water division of the city.

(d) “Applicant” means an individual or agency of record applying for water service.

(e) “Customer” means an individual or agency of record receiving water service from the water division of the city.

(f) “Date of presentation” means the date upon which a bill or notice is mailed or delivered personally to the customer.

(g) “Mains” mean distribution pipelines located in streets, highways, public ways, or private rights-of-way which are used to serve the general public.

(h) “Premises” means that integral parcel of property or area, including the improvements thereon, to which water service is or will be provided.

(i) “Service connection” means piping, valves, meters, boxes and other division owned materials and equipment used for delivering water from the main to the customer.

(j) “Temporary service” means a service for circuses, bazaars, fairs, construction work, irrigation or vacant property, and similar uses, which because of their nature, will not be used steadily or permanently.

(k) “Air-gap separation” means a physical break between a supply pipe and a receiving vessel which shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, and in no case less than one inch.

(l) “Approved backflow preventer” means a device installed to protect the potable water supply from contamination by reclaimed water. This device shall be recognized and approved for use for this purpose by the Los Angeles County department of health services.

(m) “Connection fee” means a charge imposed by the city for providing reclaimed water service, including construction and/or installation of off-site and on-site facilities.

(n) “Cross-connection” means any unprotected connection between any part of a water system used or intended to supply potable water and any source or system containing reclaimed or other water or substance that is not safe, wholesome, and potable for human consumption.

(o) “Nonpotable water” means that water that has not been treated for human consumption in conformance with the Drinking Water Standards referred to in subsection (r) herein.

(p) “Off-site facilities” mean facilities under the control of the city including, but not limited to, reclaimed water pipelines, reservoirs, pumping stations, manholes, valves, connections, supply interties, treatment facilities, and other appurtenances and property. For reclaimed water service, off-site facilities shall be those upstream of the point of connection with the customer’s on-site facilities located and starting at the downstream end of the meter tailpiece.

(q) “On-site facilities” mean facilities under the control of the applicant, owner, or customer including, but not limited to, landscape irrigation systems and agricultural irrigation systems. For reclaimed water service, the on-site facilities shall be those downstream of the reclaimed service connection, which shall normally be the downstream end of the meter tailpiece.

(r) “Potable water” means that water furnished to the customer that does not contain objectionable pollution, contamination, minerals or infective agents and is considered satisfactory for domestic consumption, and conforms to the latest edition of the United States Public Health Service Drinking Water Standards, the California Safe Drinking Water Act, or any other applicable standards.

(s) “Reclaimed water” shall have the definition set forth in Title 2, Chapter 4, of the California Administrative Code (hereinafter “Code”) and means water which, as a result of treatment of domestic wastewater, is suitable for a direct beneficial use or a controlled use that otherwise would not occur, such treatment of domestic wastewater having been accomplished in accordance with the criteria, including the level of constituents in combination with the means for assurance of reliability, as set forth in the Code.

(t) “Reclaimed water facilities” mean facilities used in the storage, pumping, and conveyance of reclaimed water. Reclaimed water facilities are intended to provide reclaimed water for uses such as landscape irrigation, agricultural irrigation, and construction or industrial process water.

(u) “Reclaimed water service connection” means the point of connection of the customer’s reclaimed water line with the reclaimed water service line of the city, which shall normally be the downstream end of the reclaimed water meter tailpiece.

(v) “Reclaimed water service line” means the city’s facility between its reclaimed water distribution system and the reclaimed water service connection.

(w) “Reclaimed water transmission mains” means reclaimed water lines and appurtenances purchased or constructed and owned by the city or which the city requires an applicant, owner or customer to construct but which are owned by the city. The city shall determine what facilities are reclaimed water transmission mains from time to time. The city’s determination in regard to these matters shall be final and conclusive.

(x) “Reclaimed water use area” means the property, or portion of property, which has been approved by the city for reclaimed water service in accordance with this chapter.

(y) “User’s reclaimed water supervisor” means a qualified person, designated by a reclaimed water user and approved by the city, who shall be knowledgeable in the construction and operation of on-site facilities and irrigation systems, and in the application of the guidelines, criteria, standards, rules and regulations for reclaimed water. (Ord. 621 § 1, 1984; Ord. 165 § 1, 1966)

13.04.020 Establishment of water division.

(a) The water division of the city within the department of public works is hereby established for the purpose of furnishing to the residents, businesses and industries within the city a supply of water at a flow rate and pressure of such quality as to satisfy their normal requirements.

(b) The division shall have a water superintendent who shall be responsible for the management and direction of the division. The superintendent shall be appointed by the city manager, and shall be under the general supervision of the director of public works.

(c) The division shall conduct its activities in accordance with the various sections of this chapter and any subsequent ordinances and resolutions of the city council. (Ord. 165 § 2, 1966)

13.04.030 Service area.

The area in which service is or will be furnished by the water division is that area which is within the city boundaries as the boundaries now prevail or may from time to time exist. The area does not exclude those areas outside the city boundaries which may be served upon approval of the city council. (Ord. 165 § 3, 1966)

13.04.040 Description of service.

(a) Supply. The water division will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer at a proper pressure, and to avoid any shortage or interruption in delivery.

(b) Quality. When furnished for human consumption the water division will endeavour to supply a safe and potable water at all times.

(1) Domestic, commercial and/or industrial;

(2) Municipal and public use;

(3) Fire protection.

(d) Types of service. The types of service available from the water division are:

(1) Metered service;

(2) Temporary service;

(3) Private fire service. (Ord. 235 § 4, 1969; Ord. 165 § 4, 1966)

13.04.050 Fees and deposits.

(a) Applications. All applications for water service must be made out on the forms provided by the water division and must be signed by the applicant. Applicants may be required to deposit with the city a sum of money equal to the minimum charge for the metered rate for two months, except that no deposit shall be less than ten dollars. The city council shall adopt a policy relative to the deposit of moneys as herein provided.

Except as otherwise provided by policy of the city council, the deposit shall not be returned to the applicant unless the water service is discontinued, and then only in the event that all water bills, fines and penalties of the customer and/or applicant have been paid in full. However, the city may elect to apply the deposit to the final bill of the customer and refund any remaining portion of the deposit.

(b) Service connection and meter charges. Before a service connection for water shall be supplied to the premises, the applicant shall make application to the water division. As a condition to granting such application and furnishing water service to the premises, the water division is authorized to charge and shall collect in advance the sum of money necessary to cover all costs of the service connection, including the cost of a meter. When found to be in the best interest of effective utilization of available city facilities and personnel, the director of public works may authorize such connections to be installed by the applicant under inspection to be supplied by the city.

(c) Temporary water service deposits and charges. When a temporary service is requested, the water division shall require the applicant to deposit that sum of money estimated as being required to compensate the city for all water furnished to the applicant during such period of temporary service. In addition to estimated charges for water, the applicant shall also reimburse the city for all costs required in furnishing such service, together with all damages that may occur to the facilities.

(d) Outside city deposits. The deposit for customers outside the city limits shall be as established by the city council.

(e) Turning off water. If any customer shall fail to comply with all provisions as herein set forth, or to pay any charges imposed herein, in the time and manner provided, the water superintendent shall have the water turned off.

The water will not be turned on again until payment of the amount due is made, plus a reconnection charge of five dollars to cover the cost of making the service call to turn off and/or on. The reconnecting charge shall be two dollars and fifty cents during working hours and five dollars at all other times.

(f) Change of address. Water service shall not be given any customer upon change of address until all delinquent charges owing thereon at a former place of residence or business within the city shall be paid;

(g) Change of meter location. Any person desiring to change the location of a service that has already been installed shall make application to the water division and, upon payment in advance of the cost of time and materials, including excavating and repaving and overhead as estimated by the superintendent’s office, the water division will cause or permit said change to be made.

(h) Permit for water stand. The water division is empowered to install or cause or permit to be installed such water stands as may be deemed necessary so that water may be drawn therefrom for spraying and other legitimate purposes. No person shall draw water from such stands without first obtaining a permit as herein provided. Permits shall only be issued to applicants holding a valid business license in the city. A charge of five dollars shall be made for such permit, which shall specify the approximate amount of water and the purposes for which it is to be used. The applicant shall make such additional deposit and furnish such equipment and fittings for taking water from the water stands as the water division may require.

(i) Private fire protection. Whenever a service is installed by applicant or by city for private fire protection, all charges for all labor, fire detector check and/or other approved devices together with all appurtenant materials and engineering, plus administrative overhead costs, shall be paid by the applicant. Such service shall be used only in case of fire or other purposes in this section expressly provided. Use of such private fire protection service for any other purpose than in this section provided shall be a misdemeanor.

However, should it be necessary to use water through a fire line meter for the purpose of testing or maintaining a private fire prevention system or fire department, the water division shall authorize such use upon the receipt of a written request stating:

(1) Date and time of use;

(2) Purpose;

(3) Estimated quantity of water to be used;

(4) Estimated maximum flow.

Provided, however, that the superintendent may restrict such nonemergency flows which may be detrimental to or tend to de-water the system.

(j) Fire hydrant location. Fire hydrants shall be installed in the location specified by the director of public works. If a property owner or other party desires a change in the size, type or location of such hydrants, he shall bear all costs of such changes, without a refund. Any change in the location, size or type of a fire hydrant must be approved by the city engineer.

(k) Testing meters. Any customer may demand that the meter through which water is being furnished be examined and tested by the water division for the purpose of ascertaining whether or not it is registering accurately the amount of water which is being delivered through it. Such demand shall be made in writing to the water division and shall be accompanied by a deposit of five dollars. Upon receipt of such demand, it shall be the duty of the water superintendent to cause the meter to be examined and tested. If, on such an examination and test, the meter shall be found to register over three percent more water than actually passes through it, another meter will be substituted therefor, and the fee of five dollars shall be returned to the person making the application and the water bill for the current period adjusted in such a manner as the superintendent may deem fair and just. If the meter is found to register not over three percent fast, the five dollar deposit shall then be forfeited to the city and the water bill paid as rendered. The customer or his authorized representative shall be afforded the opportunity to be present to witness the test. (Ord. 247 § 1, 1969; Ord. 165 § 5, 1966)

13.04.060 Water usage regulated.

(a) Multiple occupancies on same premises:

(1) Where more than one occupancy is placed on the same parcel of property and each is conducting a separately established residence or business, a water meter shall be required and installed for each occupancy, unless otherwise approved by the water superintendent.

(2) Where there exists a dwelling on the rear of a lot, in front of which is another dwelling, one service may be provided for such premises. The cost of such water meter installation and service shall be paid by the owner or party receiving service.

(3) Whenever one service pipe and meter has been serving more than one occupancy on the same parcel of property owned by one owner, and the property ownership is severed, the water superintendent in his discretion may require separate service and meters for each occupancy.

(b) Waste in plumbing. Any person who, as owner or occupant of any premises, fails, refuses, or neglects to maintain the premises with plumbing of such character and quality as to prevent the wasting of water, shall, ten days after being served by the superintendent by written notice of such intention, have all water service discontinued pending such repairs.

(c) Irrigation, sprinkling, etc. The use of water for irrigation, sprinkling, wetting, construction or industrial purposes may be restricted, if and when such use be contrary to the public safety or welfare.

(d) Pools and tanks. When an abnormally large quantity of water is desired for filling a swimming pool or for other purposes, arrangements must be made with the water division prior to taking such water. Permission to take water in unusual quantities shall be given only if it can be safely delivered through the city’s facilities and if other consumers are not inconvenienced.

(e) Outside city water consumers. Sale may be made to consumers outside the city limits in accordance with all rules, regulations and rates only with the approval of the city council.

(f) Shutting off water for repairs. The water division reserves the right to shut off the water in the city mains for the purpose of making extensive repairs, or for any other purpose found necessary. The city shall not be responsible for any damages which may occur due to water shut-offs. The owner and/or customer shall be conclusively presumed to have taken any necessary precautions in compliance with the building codes and regulations of the plumbing code in anticipation of emergency shut-offs.

(g) Water pressures. The water division will endeavor to maintain such pressures as recommended by the National Board of Fire Underwriters. In the event any consumer deems that pressures are inadequate, the consumer shall furnish, at his own expense, whatever devices are necessary to boost the pressure for his own premises. In the event water pressures are in excess of any consumer’s normal requirements, it shall be the responsibility of such water consumer to install such devices on his premises to protect his plumbing and/or to reduce the pressure for his particular needs.

(h) Drilling for water. No person, firm or agency shall drill for water within the corporate limits of the city without first obtaining a permit therefor from the city council. (Ord. 165 § 6, 1966)

13.04.070 Protective measures.

(a) Changes and/or damages to mains and fittings. The director of public works shall be given a written notice a minimum of ten days prior to any street improvements which are to be performed which will cause the relocation of existing water mains, fittings, meters or other water equipment.

Any changes which are required or any damages which may occur to such mains, fittings, meters or other water equipment without fault or negligence of the city shall be chargeable to the person or agency requiring the work to be done.

(c) By-pass connections. Any by-pass or connection around the meter between the service and the main shall be prohibited except as otherwise provided in this chapter. All water used, except as provided in case of public fire service, shall pass through the meter.

(d) Connection to private source. Any and all connections shall be prohibited between any private water source and the water supply of the city. Provided, however, subject to the approval of the State Board of Health, the city may maintain emergency connections with other public utilities supplying water.

(e) Shut-off valves. All shut-off valves and service cocks which are installed or caused to be installed by the water division are for the use of the city. Such shut-off valves and service cocks shall not be used or molested in any way or manipulated by the customer, except in extreme emergency. For ordinary usage, all customers shall provide their own valves and shut-off cocks between the water meter and the first outlet placed by the customer.

(f) Meters, property of the city. All water services and water meters installed or caused to be installed shall remain at all times the property of the city and shall be maintained, repaired and renewed by the water division when rendered unserviceable by normal wear and tear.

Where replacements, repairs or adjustments of any meter are rendered necessary by any act resulting from malice, carelessness or neglect of the customer or any member of his family, or anyone employed by him, and any damages thereto result from hot water, or steam from water heater, boiler or otherwise, they shall be charged to and paid for by such customer to the water division on presentation of a bill therefor; and in case such bill is not paid, the water shall be shut off from such premises and shall not be turned on again until all charges are paid. No person shall interfere with or remove or cause to be interfered with or removed from any service any water meter where it has been attached.

No person shall place dirt, trash, leaves or lawn cuttings or other obstructions on or over the meter boxes, and no person shall place garbage or rubbish boxes, cans or barrels on them.

(g) Fire hydrant obstruction. No person shall place trash, dirt, building materials or other objects or obstructions on or around or adjacent to fire hydrants. No vines, trees, shrubs, or other plants shall be placed or allowed to grow to any manner so as to make a fire hydrant location difficult to determine, or to in anyway interfere with or render difficult free access to, or use of, the fire hydrant.

Violation of this provision shall be a misdemeanor.

(h) The regulations contained herein shall not act to preclude the city council from entering into a contract with another agency or water supply company for the sale, purchase, or exchange of water and upon such terms as the city council deems in the best interest of the city. (Ord. 681 § 2, 1988; Ord. 165 § 7, 1966)

13.04.080 Water main and water service extensions.

(a) Application, deposits and/or bonds and installation:

(1) Any person, firm or corporation who, as owner or subdivider of a single lot, parcel, subdivision, or tract of land, desires water service or requires the extension of water mains and/or services to such lot, parcel, subdivision or tract of land, shall make application with the city in a manner and form prescribed by the director of public works.

(2) In the event such application be approved in the manner provided herein, the person, firm or corporation shall post a bond or deposit cash for the total estimated cost as determined by the director of public works for such water facilities, including all materials, labor, inspection, equipment, transportation, power and all appurtenances as may be necessary for a complete and operable water system, plus all engineering, overhead, administrative charges and possible contingencies.

(3) Design of water facilities as specified in this section will be accomplished by the department of public works and construction shall be performed under city supervision.

(4) All costs of the installation are to be borne by such person, firm or corporation, and the installation shall become and remain the property of the city upon completion of installation and acceptance by the director of public works.

(5) Several persons may join in an application for extension of water facilities.

(b) Location, size and type of facilities. The director of public works shall determine the location of mains in streets, alleys and easements, and determine the size, type, specifications and standard requirements of all water facilities.

(c) Payment for water mains. Where lines of the city’s transmission system extend to the property being developed, the developer shall pay to the city an off-site water charge of five dollars per lineal foot for the property frontage. Frontage shall be defined as the actual frontage the land being developed has on each side of the city constructed water main but in no case shall it be less than one-fourth the perimeter of the area being developed with such area assumed to be a square.

Where the city requires the construction of oversize lines for future extension or where the developer must extend off-site water lines to reach his development but such lines benefit others, the off-site water charges shall be reduced to the extent of such expenditures. Right-of-way and/or easement costs shall not be included. For this purpose, no water line eight inches or smaller shall be considered oversize.

Cost records will be properly maintained by the water superintendent.

(d) Water wells and other appurtenances. Whenever land is to be subdivided, any water wells, mains and easements needed therefor, which may be appurtenant thereto, or which maybe used exclusively thereon, shall be deeded to the city in consideration of the city approving any application for city water to be placed on such tract or subdivision. The deed to the city shall be executed before the subdivision is accepted by the city for recordation. However, where water wells and equipment, as described in the paragraph above, are used to supply water to additional land not subdivided, the city may allow such wells and equipment to continue to supply such unsubdivided portion until such time as such parcel is subdivided into four or more parcels of land containing five acres or less.

(e) Dedication of water rights. Before the city accepts and authorizes the recordation of any final tract map for a subdivision of land within the city, or approves an application to develop property other than as part of a subdivision, there must first be deeded to the city, water rights in such number as the city council may from time to time determine, provided, however, that where no water rights are available for dedication to the city, then in that event, the applicant and/or landowner shall pay to the city, in lieu thereof, such sum as the city council shall from time to time determine. (Ord. 503 § 2, 1975; Ord. 235 §§ 2, 3, 1969; Ord. 165 § 8, 1966)

13.04.090 Personnel identification.

(a) Employees, identification cards to be carried. An official identification card shall be carried or worn by inspectors, foremen, meter readers, and all employees of the water division of the city who in line of duty may be required to enter upon private premises.

(b) Free access. Upon presentation of official identification, any officer, inspector, foreman, meter reader, or authorized employee of the city, on official business, shall be allowed free access at all reasonable hours to any premises supplied with city water.

(c) Refusal of admittance. Any person who, as owner or occupant of any premises, refuses admittance to, or hinders or prevents inspection by an authorized employee of the water division, may, after service of twenty-four-hour notice of intention, have all water cut off.

(d) Identification cards to be turned in. Every officer or employee, upon resignation or dismissal from the water division, shall forthwith surrender and deliver to the proper officials all identification cards, badges and credentials of the water division.

(e) Unauthorized use of official identification. No unauthorized person shall possess, carry, wear, or exhibit any badge and/or other official identification of the water division, nor shall any person, whether or not possession be authorized, display, exhibit or cause to be exhibited any badge or other official identification of the water division, at any time, place or in any manner or for any purpose which is not authorized by the water superintendent. (Ord. 165 § 9, 1966)

13.04.100 Prohibited acts.

(a) Wasting water. No person, firm or corporation shall waste, cause, permit or allow to be wasted, any water in any cooling system, ornamental fountain, or other device of any kind whatsoever, nor shall such person fail, refuse or neglect to recirculate the water through such cooling system, ornamental fountain or other device; provided, further that no person shall cause, permit or allow any water furnished through the facilities of the water system, as herein defined, to be wasted in any manner whatsoever.

(b) Drawing water from fire hydrants. No person or persons other than those designated and authorized by the water superintendent shall open any fire hydrant, attempt to draw water from it, in any manner damage or tamper with it. Any violation of this regulation will be prosecuted according to law.

(c) Tampering, removing of meters. No person shall tamper with, remove, cause, permit or allow to be tampered with or removed, any meter where the same has been attached to any service, without first having made application to the water division and receiving a permit therefor.

(d) Turning on water. No person shall tap, open, or connect to, or cause, permit or allow to be turned on, in any way, any water after the same has been turned off by the city.

(e) Tapping of mains. No person shall tap, open or connect to, cause, permit or allow to be tapped, opened or connected to any water main or pipe without first having made application to the city and receiving a permit therefor. (Ord. 165 § 10, 1966)

13.04.110 Fees and charges.

All fees, charges, deposits or penalties provided for herein shall be in the amount as set forth in this chapter or as may hereafter be established by resolution of the city council. (Ord. 165 § 11, 1966)

13.04.120 Reclaimed water service area and conditions of service.

The water superintendent shall control and schedule reclaimed water distribution to customers. The city shall provide reclaimed water service in accordance with this chapter to any applicant who meets the requirements of this chapter. The provision of reclaimed water service and the use of reclaimed water by any customer shall be subject to all the terms and conditions of this chapter.

(Ord. 621 § 2 (part), 1984)

13.04.130 Application requirements for reclaimed water service.

(a) An applicant for reclaimed water service shall file with the water superintendent an application for service on a form designated by the water superintendent. The application shall include a scaled drawing and written description delineating the proposed reclaimed water use area; the proposed location, size and type of all reclaimed water service connections and onsite facilities; the street adjacent or nearest to the reclaimed water use area; the proposed use or uses of reclaimed water; and any other information deemed necessary by the water superintendent.

(b) The applicant for reclaimed water service shall comply with all requirements of applicable federal, state and local statutes, ordinances, regulations, and other requirements. The water superintendent may reject for filing any application where the water superintendent determines that the applicant has failed to obtain any necessary prior approval of reclaimed water service from any federal, state or local office or agency.

(c) Application fees and deposits shall be paid in accordance with Section 13.04.050 (a) of the municipal code and shall be subject to all terms and conditions set forth therein. (Ord. 621 § 2 (part), 1984)

13.04.140 Provision of reclaimed water service.

Upon receipt of an application for reclaimed water service, the water superintendent shall review the application and conduct any necessary investigation in order to determine whether the city shall provide reclaimed water service. The water superintendent shall either approve, approve with conditions, or deny reclaimed water service. In approving or conditionally approving reclaimed water service, the water superintendent shall find the following:

That the provision of reclaimed water service to the applicant is compatible with the city’s reclaimed water system, and that the location of the reclaimed water use area is reasonably accessible to the city’s reclaimed water system.

Among other conditions of approval, the water superintendent may require that the applicant construct specific on-site facilities in order to facilitate reclaimed water service. The water superintendent may also require the applicant to make modifications in the on-site potable water system and to install an approved backflow preventer. The customer shall not make any changes in the reclaimed water system or facilities on property subject to reclaimed water service without prior approval from the water superintendent.

Any approval or conditional approval of an application for reclaimed water service shall, unless otherwise specified, be deemed to be approval or conditional approval of reclaimed water service only for the reclaimed water use area, for the location, size and type of all reclaimed water service connections and on-site facilities, and for the proposed use of reclaimed water, described in the application. (Ord. 621 § 2 (part), 1984)

13.04.150 Reclaimed water service connection and meter charges.

(a) Before a reclaimed water service connection shall be supplied to or installed on the premises, the customer shall pay to the city the sum of money necessary to cover all costs of the reclaimed water service connection including, but not limited to, the cost of a meter unless the city agrees to other arrangements in writing. The water superintendent may, in his or her discretion, authorize a customer to install reclaimed water service connections and meters, subject to prior approval of all plans, equipment and material, and further subject to ongoing inspection and approval of installation by the water superintendent.

(b) Before a reclaimed water service connection shall be supplied to or installed on the premises, the customer shall pay to the city the sum of money necessary to cover all costs incurred by the city in extending existing off-site facilities, including but not limited to the reclaimed water service line, in order to provide reclaimed water service to the customer unless the city agrees to other arrangements in writing. Construction of reclaimed water transmission mains and water service extensions shall be subject to the provisions of Section 13.04.080. All reclaimed water service provided prior to the installation of final street improvements shall be considered to be temporary, and the costs for all repairs or changes required to be made to the reclaimed water service line upon installation of final street improvements shall be paid by the customer.

(c) If reclaimed water service to any customer is suspended or terminated because of failure by a customer to adhere to the provisions of this chapter, including but not limited to, the failure by a customer to pay for reclaimed water in accordance with this chapter, the customer shall pay to the city in advance of resumption of reclaimed water service a delinquent and/or reconnection charge which shall be equal to that delinquent and/or reconnection charge for potable water established from time to time by resolution of the city council, in addition to any payment for reclaimed water service then due. (Ord. 621 § 2 (part), 1984)

13.04.160 Fees and charges for reclaimed water.

(a) All fees, charges, deposits or penalties provided for herein, including reclaimed water charges, shall be in the amount set forth in this chapter or as may be established by resolution of the city council.

(b) Payment by a customer for reclaimed water service shall be due and payable to the city on or before thirty days following the date of presentation of the bill. If payment is not received by the city in timely fashion in accordance with the section, then the city may suspend and/or terminate reclaimed water service. In the event the city suspends and/or terminates reclaimed water service pursuant to this section, then in addition to the payment due the city for reclaimed water the customer shall pay to the city any and all delinquent and/or reconnection charges for reclaimed water service. (Ord. 621 § 2 (part), 1984)

13.04.170 Conditions of reclaimed water service.

(a) The water superintendent shall establish and may vary conditions of pressure and service. The city shall not be liable for damage or injury arising from low pressure or high pressure conditions or from interruptions of reclaimed water service.

(b) The city shall have control of and shall maintain and repair reclaimed water transmission mains, service lines and meters. The customer shall maintain in good working condition and shall repair the reclaimed water service connection and on-site facilities.

(c) Unless otherwise provided by written agreement between the customer and the city, the customer shall pay for all on-site facilities, including their installation, as well as for reclaimed water service lines and extensions of reclaimed water transmission mains in order to provide reclaimed water service to the customer, in accordance with the provisions of Sections 13.04.080 and 13.04.150 (b) of this chapter.

(d) The customer shall not make any changes in or additions to the reclaimed water system or to on-site facilities without obtaining prior approval from the water superintendent.

(e) Neither a reclaimed water service connection nor a reclaimed water meter shall be used to provide reclaimed water service to any property or any portion of property which is not approved by the water superintendent for that service or meter.

(f) When property provided with a reclaimed water service connection and reclaimed water meter is subdivided, such connection and meter shall thereafter serve only the lot or parcel of land on which the meter is located. Additional reclaimed water mains, service lines, connections and/or meters will be required for additional new lots or parcels created by subdivision, in accordance with this chapter.

(g) All reclaimed water used on any premises approved for reclaimed water service must pass through a reclaimed water meter. A customer shall be responsible and shall pay for all reclaimed water passing through its meter.

(h) The customer shall install and pay for an angle meter stop, as approved by the water superintendent, on the inlet side of the meter, which shall be used exclusively by the city for controlling the reclaimed water supply through the reclaimed water service line. If the angle meter stop is damaged or otherwise requires replacement, in the determination of the water superintendent, such replacement shall be made by and at the expense of the customer.

(i) Each customer shall restrict the use of reclaimed water to those uses set forth in the application for reclaimed water services which is approved or conditionally approved by the water superintendent.

(j) The city shall not be responsible or liable for any suspension in service of, or failure to supply, reclaimed water, or for any damage or injury to person or property relating to the provisions of reclaimed water. (Ord. 621 § 2 (part), 1984)

13.04.180 Suspension and termination of reclaimed water service.

(a) Reclaimed water service may be suspended and/or terminated at any time by the water superintendent due to any one or more of the following:

(1) Failure by a customer to adhere to the provisions of this chapter,

(2) For the protection of the public health, safety and welfare;

(3) In order to protect reclaimed water facilities or make repairs;

(4) Inability of the city to obtain reclaimed water or otherwise provide reclaimed water service; or

(5) For failure of the customer to pay for reclaimed water in accordance with this chapter.

(b) Except as hereinafter provided with regard to Section 13.04.180, subsections (a) (1) and (2), the decision of the water superintendent to suspend and/or terminate reclaimed water service shall be final. With regard to Section 13.04.180, subsections (a) (1) and (2), the water superintendent may, in his or her discretion suspend service until any appeal is determined in accordance with this section.

(c) Where the water superintendent determines that service should be terminated in accordance with Section 13.04.180, subsections (a) (1) or (2), the water superintendent shall provide written notice to the customer at least fifteen days prior to the date of proposed termination of service, setting forth the provisions of this chapter to which the customer has failed to adhere, or the reasons why the public health, safety or welfare requires the termination, and the factual basis for this determination. At the time the written notice of proposed termination is mailed to the customer, the water superintendent may, in his or her discretion, immediately suspend reclaimed water service pending a determination of any appeal in accordance with this section. The customer may appeal the determination of the water superintendent as follows:

(1) No later than five days prior to the date of proposed termination of service, the customer may file with the director of public works of the city a written appeal from the notice of termination, which appeal shall stay the proposed termination until a final determination is rendered pursuant to this section. Within ten days of receipt of an appeal, the director of public works shall meet with the customer, or its designee, in order to review the proposed termination and the reasons therefor. The customer, or its designee, shall be afforded an opportunity to make an oral presentation and to discuss the proposed termination with the director of public works. Within five days following the conclusion of the meeting between the director of public works and the customer, the director of public works shall notify the customer in writing of his or her decision, following a review and consideration of all reasonably available evidence. Unless the customer appeals the written decision of the director of public works to the city council in accordance with this section, the decision of the director of public works shall be final.

(2) No later than ten days following the date upon which the director of public works forwards to the customer a written decision, the customer may file with the city council a written appeal from the decision of the director of public works. The city council shall conduct a hearing concerning the proposed termination within thirty days of receipt of a written appeal. Service may thereafter be terminated if the city council finds that the customer has failed to adhere to any one or more provisions of this chapter, or if the city council finds that the public health, safety or welfare requires the termination.

(d) Where the city suspends and/or terminates reclaimed water service in accordance with Section 13.04.180, subsections (a) (1), (2) or (5), the customer shall thereafter pay any and all costs and fees for reconnecting and/or starting up reclaimed water service. Where the city suspends and/or terminates reclaimed water service in accordance with Section 13.04.180, subsections (a) (3) or (4), the city shall pay all costs and fees for reconnecting and/or starting up reclaimed water service.

(e) The city council may, by resolution or by written agreement with the customer, impose a penalty for termination of use of reclaimed water because of voluntary act of the customer or determination of the city for the reasons set forth in paragraphs (1) and (5) of subsection (a) of this section. (Ord. 770 § 1 (part), 1996; Ord. 621 § 2 (part), 1984)

13.04.190 Impermissible reclaimed water connections.

No person shall make any connection to reclaimed water facilities of the city unless the city has approved reclaimed water service for that person and for the reclaimed water service area in accordance with this chapter. (Ord. 621 § 2 (part), 1984)

13.04.200 Reclaimed water meter testing.

If it is determined by the water superintendent that a reclaimed water meter fails to register or registers inaccurately during any period, the customer shall be charged for that period pursuant to an average daily consumption rate based upon a reading of the meter when in use and registering accurately during the same season or as close to the same season as is reasonably possible. Any customer may demand by written notice to the water superintendent that the meter through which water is being furnished be examined and tested by the city for the purpose of ascertaining whether or not it is correctly registering the amount of reclaimed water being delivered through it. In such event, the customer shall deposit with the city upon making such demand an amount equal to the charge for testing such meter, as established from time to time by the water superintendent. Upon receipt of such demand and deposit, the city shall within ten days thereafter examine and test the meter. If the meter shall be found by the city to register over three percent more water than actually passes through it, then the meter shall be properly adjusted or a replacement meter installed by the city, the deposit for testing shall be returned to the customer, and the reclaimed water bill for that portion of the month during which the demand and deposit were made by the customer up to the date of meter adjustment or replacement will be adjusted proportionately. If the meter should be found to register not more than three percent more water than actually passes through it, the deposit shall be retained by the city as reimbursement for the cost of making the test, and the water bill as presented shall be due and payable by the customer to the city. (Ord. 621 § 2 (part), 1984)

13.04.210 Installation of markings.

(a) Where any property subject to reclaimed water service is served by or contains dual or multiple water systems and piping, the exposed portions of pipelines shall be painted, banded, or marked to distinguish clearly which is used for potable water and which is not used for potable water. In addition, all new unexposed pipes installed on any such property shall be similarly painted, bonded or marked. All reclaimed water outlets shall be posted with the wording “Reclaimed Water—Do Not Drink.” All outlets intended for drinking purposes shall be plainly marked for this purpose. Main shut-off valves shall be clearly identified to distinguish between reclaimed water and domestic water systems.

(b) The water superintendent shall approve all painting, banding or marking prior to installation. (Ord. 621 § 2 (part), 1984)

13.04.220 Design and construction of on-site reclaimed water facilities.

The customer shall provide and install, at its expense, any on-site reclaimed water facility required to provide reclaimed water service. On-site reclaimed water facilities shall conform to state and local statutes, ordinances, regulations and other requirements. The customer shall make, at its expense, any modification to the potable water system on the premises which is required by the water superintendent, in his or her discretion, in order to permit reclaimed water service including, but not limited to the installation by the customer of approved backflow preventers. Plans, specifications and record drawings for on-site reclaimed water facilities shall be prepared and submitted by the property owner to the city and must be approved by the city prior to the commencement of construction.

On-site reclaimed water facilities shall be designed to accommodate the use of reclaimed water in those areas where the city has determined that reclaimed water will be supplied in the future, even though reclaimed water service is not immediately available when the design area is ready for construction. (Ord. 621 § 2 (part), 1984)

13.04.230 User’s reclaimed water supervisor.

The property owner shall designate a user’s reclaimed water supervisor and shall keep the water superintendent informed of his or her identity. The user’s reclaimed water supervisor shall be responsible for overseeing reclaimed water service and maintaining on-site facilities on the property receiving reclaimed water service. The user’s reclaimed water supervisor shall be responsible for the prevention of any cross connections on the property and shall promptly advise the water superintendent of any cross-connection on the premises. (Ord. 621 § 2 (part), 1984)

13.04.240 Conversion of existing facilities for reclaimed water service.

Where a property owner proposes the conversion of any existing potable water system to a reclaimed water system, a comprehensive investigation shall be performed by or for the city at the expense of the property owner. No potable water facilities shall be connected to or incorporated in the reclaimed water system where such facilities have not been approved for reclaimed water service by the water superintendent and by any and all other required state or local offices or agencies. (Ord. 621 § 2 (part), 1984)

13.04.250 Connections to potable water system.

If an emergency exists whereby in all, or a portion, of the reclaimed water system, reclaimed water is not available, the water superintendent may approve a temporary connection for a customer to the potable water system. Before such temporary connection is made, the portion of the system that does not have reclaimed water available shall be isolated by an air gap separation from the remainder of the reclaimed water system, either at individual service connections or on off site facilities, as determined by the water superintendent, and an approved backflow preventer shall be installed on the potable water line or lines in accordance with any and all applicable state and local statutes, ordinances and regulations. The emergency connection or connections shall be removed before connection is reestablished to the remainder of the reclaimed water system. The costs of such emergency connections shall be paid by the city. (Ord. 621 § 2 (part), 1984)

13.04.260 Installation of backflow preventers.

Approved backflow preventers shall be installed and maintained by the customer, at its expense and following approval by the water superintendent, on the property to which reclaimed water service is provided. All backflow preventers shall be placed on the potable water system twelve inches above grade and as close to meters as possible. Backflow preventers shall be inspected at least once a year by the customer, and the customer shall perform tests to insure that the backflow preventers remain in first-class working order in accordance with the requirements of the water superintendent and any and all other state and local regulatory authorities. Records of all tests, repairs, and overhauls to backflow preventers shall be maintained by the customer and made available to the water superintendent and any and all other state and local regulatory authorities. (Ord. 621 § 2 (part), 1984)

13.04.270 Design and construction of off-site reclaimed water facilities.

In circumstances where off-site water facilities constructed by the city are installed to serve more than one property, each property owner shall, in accordance with Sections 13.04.080 and 13.04.150(b) of this chapter, reimburse the city for the pro rata cost of installation of off-site reclaimed water facilities in accordance with a fee schedule or charges determined by the director of public works based upon costs of design, equipment, overhead, construction and inspection.

The city shall operate and maintain the off-site reclaimed water facilities, including reclaimed water pipelines, reservoirs, manholes, valves, connections, supply interties, and other appurtenances and property up to and including the meter. No other persons, except authorized employees of the city, shall enter upon, inspect, operate, adjust, change, alter, move, or relocate any portion of the off-site reclaimed water facilities. (Ord. 770 § 1 (part), 1996; Ord. 621 § 2 (part), 1984)

13.04.280 Additional restrictions on use of reclaimed water.

(a) Conditions that cause a runoff of reclaimed water outside of the approved reclaimed water use area, whether by design, construction practice, or system operation, shall be eliminated wherever it is reasonably feasible to do so.

(b) The use of reclaimed water shall be limited to those uses permitted by federal and state law, and to those uses approved by the city for the reclaimed water service area.

(c) No customer or other party shall install or create cross-connections between a potable water system and reclaimed water system, other then as permitted by this chapter.

(d) Any and all drinking fountains located within an approved reclaimed water use area shall be protected by siting and/or structure from contact with reclaimed water, whether by windblown spray or by direct application through irrigation or other approved uses.

(e) No customer or other party shall use or install hose bibs on any on-site reclaimed water facilities, regardless of the hose bib construction or identification. Quick couplers shall be permitted, subject to the approval of the water superintendent.

(f) No customer or other party shall use or install fire hydrants on any on-site system that presently operates or is designed to operate with reclaimed water, regardless of the fire hydrant construction or identification. (Ord. 621 § 2 (part), 1984)