Chapter 1.20
RULES OF CONSTRUCTION AND DEFINITIONS
Sections:
1.20.020 Provisions construed as restatements and continuations.
1.20.030 References to ordinances – Application to amendments.
1.20.040 Headings of sections.
1.20.050 References to things, acts or omissions in the District.
1.20.060 Delegation of powers and duties.
1.20.010 Scope of chapter.
Unless specified otherwise, the general provisions, rules of construction and definitions set forth in this chapter shall govern the construction of this code. The provisions of this code and all proceedings under it are to be construed with a view to achieve its objectives and to promote justice. [Ord. 118, 1975; Ord. 273, 1997; Ord. 327, 2010.]
1.20.020 Provisions construed as restatements and continuations.
The provisions of this code, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments or reenactments. [Ord. 118, 1975; Ord. 273, 1997; Ord. 327, 2010.]
1.20.030 References to ordinances – Application to amendments.
Whenever a reference is made to an ordinance, the reference shall apply to an ordinance of the Dublin San Ramon Services District unless otherwise specifically provided. Whenever a reference is made to any portion of this code or to any ordinances of this District, the reference shall apply to all amendments and additions thereto now or hereafter made. [Ord. 118, 1975; Ord. 224, 1989; Ord. 273, 1997; Ord. 327, 2010.]
1.20.040 Headings of sections.
The headings of the several sections of this code are intended merely to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the headings, are amended or reenacted. [Ord. 118, 1975; Ord. 273, 1997; Ord. 327, 2010.]
1.20.050 References to things, acts or omissions in the District.
This code shall refer only to those things and to those acts omitted or committed within the District. [Ord. 118, 1975; Ord. 273, 1997; Ord. 327, 2010.]
1.20.060 Delegation of powers and duties.
Except as otherwise provided herein, the General Manager of the District shall administer, implement, and enforce the provisions of this code; provided, that any powers granted to, or duties imposed upon, the General Manager may be delegated by the General Manager to other District personnel. Whenever by the provisions of this code a power or authority is given to, or any duty imposed upon, any other public officer, within such limitations and restrictions as may be established by the Board from time to time, it may be exercised or performed by any deputy or person authorized by the other public officer pursuant to law unless it is expressly provided that it shall be exercised in person by the specified public officer. [Ord. 118, 1975; Ord. 273, 1997; Ord. 298, 2003; Ord. 327, 2010.]
1.20.070 Official time.
Whenever certain hours are specified herein, they shall mean Pacific Standard Time or Daylight Time as may be in current use in the District. [Ord. 118, 1975; Ord. 273, 1997; Ord. 327, 2010.]
1.20.080 Definitions.
In the construction of this code and of all ordinances of the District, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Board of Directors or the context clearly requires otherwise.
“Account” means the arrangement under which the District furnishes District services to a customer and under which the customer pays for those services.
“Applicant” means a person (who may or may not be a property owner or an authorized agent thereof) who applies for annexation (under Chapter 2.20 DSRSDC, Annexation Buy-In Fee), or seeks a planning service agreement (under Chapter 2.30 DSRSDC, Planning Services Agreements), an area-wide facilities agreement (under Chapter 2.40 DSRSDC, Area-Wide Facilities Agreements), a reimbursement agreement (under Chapter 2.50 DSRSDC, Reimbursement Agreements), or a special agreement (under Chapter 2.60 DSRSDC, Authority of the District Engineer) with the District under DSRSDC Title 2, Planning Level Activities. “Applicant” also means a person who has filed a completed application for water and/or wastewater service under the terms of the appropriate regulations in DSRSDC Titles 3, Application for Services, 4, Water Service Delivery, and 5, Wastewater Service Delivery, respectively. The approved customer may be a different person than the applicant.
“Board of Directors” or “Board” means the Board of Directors of the Dublin San Ramon Services District, California, which is comprised of officials elected by the citizens of the District service area.
“BOD (biochemical oxygen demand)” means the quantity of dissolved oxygen utilized in the biochemical oxidation of organic matter measured using the standard laboratory method therefor, usually expressed in milligrams per liter (mg/L).
Capacity Rights.
1. With respect to a wastewater connection, “capacity rights” means the flow, BOD and suspended solids (SS) capacity purchased by a user upon obtaining a certificate of capacity rights, or, if such data is not available, the average month loadings of a user during some prior calendar year when it can be shown to the satisfaction of the District Engineer that such prior year’s average month loadings are more representative of a user’s use of the wastewater system.
2. With respect to a water connection, “capacity rights” means the flow of water that can pass through the meter purchased by a user upon obtaining a certificate of capacity rights, through which the water is, or is proposed to be, delivered.
“Certificate of capacity rights” (formerly known as “connection permit”) means a certificate granted by the District to an applicant reserving capacity sufficient to provide potable and/or recycled water service through a specified number of equivalent 5/8-inch water meters to be provided on the parcel which will be served by the District, or to provide the wastewater capacity in terms of flow and strength allocated to the parcel to be served by the District, or both. A certificate of capacity rights will only be issued under DSRSDC Title 3, Application for Services, following compliance with all requirements of DSRSDC Titles 1, General Provisions, and 2, Planning Level Activities. A certificate of capacity rights is subject to the provisions of Chapter 3.60 DSRSDC, Service Capacity Allocation.
“Code” means the Dublin San Ramon Services District Code (DSRSDC).
“Connection,” or “service connection,” or “point of connection” each means the point of connection of the customer’s piping with the pipe, meter or other facility owned by the District. “New connection” means any connection for which each construction permit required by this code has not been issued by the District for a service connection at the time that a provision of this code is to be applied.
“Construction permit” means a permit which allows the construction, installation, alteration or repair of potable and/or recycled water and/or wastewater facilities connecting to, or proposed to become, District-owned facilities. Construction permits are only issued under Chapter 3.50 DSRSDC, Construction Permit, following compliance with all requirements of DSRSDC Titles 1, General Provisions, and 2, Planning Level Activities. Two types of construction permits are issued by the District:
1. A “District facilities construction permit” allows the construction, installation, alteration or repair of any District facilities, subject to all of the requirements set forth in Chapter 3.50 DSRSDC, Construction Permit.
2. A “limited construction permit” allows the construction, installation, alteration or repair of any customer facilities proposed to be connected, or already connected, to District facilities, subject to all of the requirements set forth in Chapter 3.50 DSRSDC, Construction Permit, except for DSRSDC 3.50.020(E) through (H), 3.50.030(A), Faithful Performance and Payment Security, through (D), Indemnification, and DSRSDC 3.50.120, Acceptance of fee title or easement(s) and work.
“County” means either the county of Alameda or the county of Contra Costa in the state of California.
“Cross-connection” means any physical connection between any part of a water system used or intended to supply water for potable purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption. This includes direct piping between the two systems, regardless of the presence of valves, backflow prevention devices, or other appurtenances.
“Customer” means any person, persons, or firm including any public utility, municipality or other public body or institution with an account with the District for service. The customer may be the owner, tenant, or property manager, as appropriate. The customer may be a different person than the applicant.
“Customer facilities” means facilities that solely serve the customer’s buildings and/or property. With respect to the facilities that provide water service (other than facilities dedicated to fire suppression), customer facilities comprise all facilities located downstream of the District’s water meter, typically including pipelines, backflow prevention device, pressure regulating device, and other appurtenances such as sprinklers, pumps, valves, and other fixtures. With respect to the facilities that provide wastewater service, “customer facilities” means the sampling manhole, flow meter, grease interceptor, sewer overflow prevention device, and other pretreatment facilities, if any, and the pipelines from the building structure up to, and including, the connection at the District sewer, whether the pipelines are located within private property or a public road right-of-way, and appurtenances such as pumps and other fixtures used to collect and transport wastewater to the District facilities; such customer facilities are sometimes called side sewers, which include sewer laterals and building sewers. Customer facilities are owned, operated, and required to be maintained by the customer in order to receive District services.
“Customer records” means the public records of the District relating to a particular customer of the District, including, without limitation, records of a customer’s name, home and service address, and telephone number; the location, type and size of the customer’s service connections, the quantities of water delivered to the customer, and other utility usage data; the charges to, and the payments by, and other credit history of the customer.
“Day” means the period of time between midnight and the midnight following.
“Deduct meter” means a device located downstream of a District water meter, owned and operated by the customer, that, by agreement between the District and the customer, is used for measuring the quantity of water that is delivered for irrigation (or another use that will prevent from being discharged by a customer into a side sewer) in order to calculate the flow being discharged by a customer into a side sewer.
“Developer” means a person who applies for District services to a development which comprises more than a single premises.
“Development” means any construction, expansion, alteration, addition to, rehabilitation, or replacement of any building, structure, or other improvement to, changes in the grade or surface of, real property, or the installation of landscaping thereon. Development is usually, but not necessarily, for the purpose of changing the type, density, or intensity of use of land, which use(s) will require District services through one or more new connections. “New development” means any development for which each construction permit required by this code has not been issued by the District for a service connection at the time that a provision of this code is to be applied.
“District” means the Dublin San Ramon Services District. The words “in the District” mean and include all territory over which the District has or acquires jurisdiction for the exercise of its regulatory or proprietary powers.
“District Engineer” means the District Engineer of the Dublin San Ramon Services District, appointed by the General Manager, or his or her authorized representative acting within the scope of assigned duties. The District Engineer as so appointed shall be a professional engineer registered by the state of California. Notwithstanding the two preceding sentences, the General Manager, if so registered, may act directly as District Engineer.
“District facilities” means the facilities owned, operated, and maintained by the District to provide District services to the public in general. With respect to the facilities that provide water service (other than facilities dedicated to fire suppression), District facilities comprise the primary water meter and all facilities upstream thereof, including turnouts, pipelines, pumps and other appurtenances used to transport and distribute potable water and recycled water, water meters, and reservoirs and other storage and treatment facilities. With respect to the facilities that provide wastewater service, “District facilities” means the sewerage facilities, the pipelines, manholes, lift stations, pumps and other appurtenances (other than the side sewer or other customer facilities) used to collect and transport wastewater, and the treatment works, the facilities used for storage, treatment, and disposal thereof. Except in very rare situations, District facilities serve more than one customer.
“District Secretary” means the Secretary of the Dublin San Ramon Services District, as appointed by the Board of Directors, or his or her authorized representative acting within the scope of assigned duties.
“District services” means all or any portion of the activities required to provide treatment, storage, transmission, and distribution of potable or recycled water, or the collection, transportation, storage, treatment, and disposal of wastewater.
“Facility” means a facility used, or to be used, by the District to provide, or a customer to receive, a District service.
“Flow” means the rate at which a volume of fluid (water or wastewater) passes through a point of measure over a period of time (e.g., gallons per minute (gpm), million gallons per day (MGD), etc.). For water, flow is calculated by the District Engineer in units corresponding to the maximum continuous flow that can pass through a 5/8-inch water meter.
Gender. The masculine gender includes the feminine and neuter.
“General Manager” means the General Manager of the Dublin San Ramon Services District, appointed by the Board of Directors, or his or her authorized representative acting within the scope of assigned duties.
“Government agency” shall include, but not be limited to, any agency of the United States Government, the state of California, any political subdivision of the state of California, and any city, county, or special district (other than the District as defined herein).
“Industrial, commercial or institutional structures” refers to buildings and appurtenances including, but not limited to, shops, offices, warehouses, factories, theaters, churches, hospitals and schools.
“Industrial user” means a nonresidential user whose operations generate and/or produce discharges of industrial wastes derived from any production, manufacturing, processing, institutional, industrial, commercial, agricultural, or other activity or operation (whether or not the user also discharges sewage) and whose activity or operations are identified in the North American Industry Classification Manual, 2007, as said manual now exists or is hereafter amended or supplemented.
“Industrial wastes” means the wastes generated by or from industrial processes (including cooling) and/or any wastewater other than sewage generated by an industrial user. Generally, industrial wastes differ from sewage in quantity, strength, temperature, pH, or other chemical constituents, and have the potential, as determined by the District, to adversely impact the operation of the treatment works.
“Local,” with regard to rates, charges, and fees for wastewater services, refers to rates, charges, and fees imposed to pay for the capital costs, including debt service, and operation, maintenance, rehabilitation and replacement expenses of the sewerage facilities, for the collection and/or transportation of wastewater.
“Main” means a pipeline owned by the District and dedicated to public use in the District’s water distribution systems or in the District’s wastewater collection system. Except in very rare situations, a main serves or will serve more than one customer.
“Major infrastructure” means District facilities (whether or not such facilities are yet in existence) that are determined by the District Engineer to be necessary or useful to provide large areas with water or wastewater service in accordance with the District’s major infrastructure policy entitled “Infrastructure Responsibilities and Funding,” as such policy may be updated from time to time by the Board of Directors. Major infrastructure may include, but is not limited to, reservoirs, treatment facilities, pumping plants, transmission and major distribution or collection mains, appurtenances thereto, and necessary or appropriate property interests, and other capital improvements of the potable water system, the recycled water system, the wastewater system, or all.
“MGD” means million gallons per day.
“Month” means a calendar month.
Number. The single number includes the plural, and the plural number includes the singular.
Or, And. “Or” may be read “and,” and “and” may be read “or” if the sense requires it.
“Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant of or owner of an undivided interest or condominium interest in the whole or part of such building or land. “Owner” also means a developer, agent, or other person authorized in writing to act for the owner with respect to such building or land.
“Permittee” is a person to whom the District has issued any of its permits, including but not limited to construction permit, discharge permit, or use permit.
“Person” means an individual, partnership, association, corporation, limited liability company, association, trust or any other legal entity, public or private, and includes any natural person, firm, organization, company or political subdivision, city, county, the state and the United States of America or any department or agency thereof (excepting the District) unless the code expressly provides otherwise.
“Personal property” includes every kind of property except real property.
“Personnel records” means the personnel, medical and similar files relating to the officers and employees of the District, the disclosure of which would constitute an unwarranted invasion of personal privacy. Employment contracts are not personnel records.
“Potable water” means water of a quality suitable for human consumption as defined in the California Safe Drinking Water Act, Health and Safety Code Section 116275, Subdivision (e), as it may be amended from time to time.
“Property” includes real property and personal property.
“Public records of the District” means any writing, document, picture or recording relating to the conduct of the public’s business that is prepared, owned, used or retained by the District regardless of physical form or characteristics and which is a public record authorized to be disclosed under the provisions of the California Public Records Act.
“Real property” includes lands and improvements thereon, as well as any possessory or remainder interests, together with associated mineral rights. “Real property” may include both improved or unimproved real property and real property located within and outside the District’s boundaries. “Real property” may also be referred to as “property” or “owner’s property” in a planning services agreement or other agreement concerning facilities planning.
“Recycled water” means water produced by further treatment of secondary effluent as defined in Title 22, California Code of Regulations, Division 4, Environmental Health, Chapter 3, Reclamation Criteria, as it may be amended from time to time.
“Regional,” with regard to rates, charges, and fees for wastewater services, refers to rates, charges, and fees imposed to pay for the capital costs, including debt service, and operation, maintenance, rehabilitation and replacement expenses of the treatment works, for the storage, treatment, and/or disposal of wastewater.
“Rehabilitation” means extraordinary expenditures for obtaining and installing equipment, accessories or appurtenances which extend the service life and/or improve the capacity or efficiency of the treatment works as originally designed. Rehabilitation costs are considered capital outlays.
“Sanitary sewer” means a sewer into which wastewater is discharged and to which storm, surface and ground waters are not intentionally admitted.
“Service” means the provision by the District of potable water and/or recycled water and/or wastewater service, as the case may be.
“Service area” means that certain area, either within or outside the boundaries of the District, designated as such by the applicable Local Agency Formation Commission under the requirements of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, California Government Code Section 56000 et seq., as may be amended from time to time, in which the District is authorized to provide one or more District services.
1. “Water service area” includes the portion of Contra Costa County, whether or not incorporated, by the Contra Costa County Local Agency Formation Commission designated to receive potable or recycled water service from the District, and also includes the portion of Alameda County, whether or not incorporated, by the Alameda County Local Agency Formation Commission designated to receive potable and/or recycled water service from the District.
2. “Wastewater service area” includes the portion of Contra Costa County, whether or not incorporated, by the Contra Costa County Local Agency Formation Commission designated to receive wastewater service from the District, and also includes the portion of Alameda County, whether or not incorporated, by the Alameda County Local Agency Formation Commission designated to receive wastewater service from the District.
“Service assembly” means the pipe and fittings between the District’s water mains and the water meter.
“Sewage” means water or other liquid carrying domestic wastes from sanitary conveniences located in residences, industrial, institutional or commercial structures, whether treated or not, together with such other waters as may be present, or any combination of such wastes and waters.
“Sewer” means a pipe or conduit for carrying sewage and other wastewater.
“Sewer overflow protection device” means a device, installed on a side sewer, owned, operated, and maintained by the owner of the property it serves, which prevents sewage overflow from entering a building by rerouting sewage overflow outside the building.
“Sewerage facilities” means the District facilities (other than treatment works) used to provide wastewater services. Sewerage facilities include pipelines, including manholes, lift stations, pumps and other appurtenances (other than the side sewer or other customer facilities) used to collect and transport wastewater.
Shall, May. “Shall” is mandatory and “may” is permissive.
“Side sewer” means the sewer lateral and the building sewer pipe, at the point of connection to the sewer main to the house or building piping. The side sewer is owned, operated, and maintained by the owner of the property it serves.
1. “Sewer lateral” means the sewer pipe in a public street or easement connecting a house or building sewer to the District’s sewer main. The sewer lateral is owned, operated, and maintained by the owner of the property which it serves.
2. “Building sewer” means the sewer pipe on private property connecting a house or a building with the sewer lateral on public property at the property line. The building sewer is owned, operated, and maintained by the owner of the property which it serves.
“SS (suspended solids)” means solids, as measured using the standard laboratory method therefor, that are in suspension in wastewater and which are largely removable by laboratory filtration procedures.
“State” means the state of California.
“Storm sewers” are sewers which carry storm waters, but exclude sewage and industrial wastes. Storm sewers are sometimes also called storm drains.
“Storm water” means liquid flowing in sewers during or following a period of natural precipitation (including rainfall and snowmelt) and resulting therefrom.
“Subscribing agency” means a public agency which contributes wastewater from its wastewater collection system to a wastewater system operated by the District.
“Tenant” or “occupant,” applied to a building or land, includes any person holding a written or an oral lease of, or who occupies, the whole or a part of such building or land, either alone or with others.
“Treasurer” means the Treasurer (formerly the District Finance Officer) of the Dublin San Ramon Services District, appointed by the Board of Directors, or his or her authorized representative acting within the scope of assigned duties.
“Treatment works” means devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes containing liquids and/or solids to implement Section 201 of the Clean Water Act, or necessary to recycle or reuse water at the most economical cost over the useful life of the works. “Treatment works” includes pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled water supply, such as standby treatment units and clear well facilities; and any works, including acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems. “Treatment works” includes, without limitation, the definition of “publicly owned treatment works” or “POTW,” as defined by Section 212 of the Clean Water Act (33 USC Section 1292) owned by the District (as defined by Section 502(4) of the Act (33 USC Section 1362)).
“TSS (total suspended solids)” means solid matter, as measured using the standard laboratory method therefor, that is suspended in water, wastewater, or other liquids.
“User” means a recipient of potable water, recycled water, and/or wastewater services, including an applicant for a permit authorized or required under this code and a permittee of such permit. A user may or may not be a customer.
“Volume” means the volumetric amount of water or wastewater discharged over a specified period of time.
“Wastewater” means water or other liquid carrying domestic, sanitary, industrial, institutional, and/or commercial wastes from residences, industrial, institutional, or commercial structures, whether treated or not, together with such other waters as may be present, or any combination of such wastes and waters. Sewage and industrial wastes are the principal types of wastewater.
“Wastewater flow meter” means a device used for measuring the flow being discharged by a customer.
“Wastewater services” means the collection, transportation, storage, treatment, and/or disposal of wastewater.
“Water meter” or “primary water meter” means a device owned, operated and maintained by the District, used for measuring the quantity of water delivered to a customer.
“Water services” means the transportation, pumping, storage, treatment, and/or distribution of potable water or recycled water.
“Water” means all potable and recycled water intended for delivery to a customer by the District. “Water” includes water that is taken by a user without authorization of the District, and includes water lost during transit through whatever means.
“Week” means seven consecutive days.
“Year” means a calendar year except where otherwise provided.
“Zone 7 Water Agency (Zone 7)” means the Alameda County Flood Control and Water Conservation District, Zone 7 Water Agency, which provides wholesale, treated potable water to the District. [Ord. 69, 1969; Ord. 90, 1971; Ord. 118, 1975; Ord. 142, 1978; Ord. 146, 1979; Ord. 165, 1981; Ord. 185, 1983; Ord. 192, 1984; Ord. 216, 1988; Ord. 224, 1989; Ord. 227, 1989; Ord. 229, 1989; Ord. 232, 1990; Ord. 254, 1993; Ord. 255, 1994; Ord. 273, 1997; Ord. 327, 2010.]