Chapter 4.10
GENERAL USE REGULATIONS AND PROTECTIVE MEASURES
Sections:
4.10.030 Regulation of water usage.
4.10.040 Provision of water service.
4.10.050 Account required for service.
4.10.060 Point of delivery – Responsibility for handling and risk of loss.
4.10.070 Ownership of and access to mains, water meters and service lines.
4.10.080 Damage to District facilities or property.
4.10.090 Prohibition of cross-connections – Backflow prevention.
4.10.100 Obstruction of water facilities prohibited.
4.10.120 Suspension or termination of deliveries.
4.10.130 Interference with District employees.
4.10.010 Definitions.
In the construction of this title, the general definitions set forth in DSRSDC 1.20.080, Definitions, shall apply except where contrary definitions are set forth in this chapter or as otherwise stated in DSRSDC 1.20.080, Definitions. The following definitions shall apply to this title, unless such definitions would be inconsistent with the manifest intent of the Board of Directors or the context clearly requires otherwise.
“Alameda County Environmental Management Department (Alameda County EMD)” refers to the local health protection agency for most areas of Alameda County.
“Approved backflow prevention device” means a device that has been approved by the California Department of Health Services and is on the District’s current list of approved backflow prevention devices.
“Approved backflow prevention device tester” means a tester who possesses a current and valid American Water Works Association (AWWA) certificate as a general backflow prevention device tester.
“Approved use” means an application of recycled water in a manner, and for a purpose, designated in a recycled water use license issued by the District and in compliance with all applicable regulatory agency requirements.
“Back pressure” means the flow of water or other liquid, mixture or substances under pressure into the District’s potable water distribution system caused by a higher pressure in the customer’s facilities relative to the pressure in the District’s facilities.
“Back siphonage” means the flow of water or other liquid, mixture or substances from the customer’s facilities into the District’s water distribution system, caused by a sudden pressure drop in the District’s facilities.
“Contra Costa County Environmental Management Department (Contra Costa County EMD)” refers to the local health protection agency for most areas of Contra Costa County.
“Greenbelt areas” means the area that includes, but is not limited to, golf courses, cemeteries, parks, and landscaping.
“Normal supply conditions” means that District water supplies are adequate or more than adequate to meet the ordinary demands and requirements of District’s water customers and users for that year and for a reasonable planning time horizon.
“On-site supervisor” means the customer’s representative, who is available to the District at all times, has the authority to carry out any requirements of the District, and is responsible for the installation, operation and maintenance of the recycled and potable water systems. The on-site supervisor is also responsible for prevention of potential hazards.
“Recycled water use license” means a license issued by the District to the customer, which outlines monitoring, self-inspection, reporting, and site-specific requirements, as required by the California Regional Water Quality Control Board. This license allows the customer to use recycled water in accordance with the Dublin San Ramon Services District Code, standards, ordinances, policies, guidelines and all applicable regulatory agency requirements.
“Secondary effluent” means treated wastewater that meets the requirements of the District NPDES discharge permit governing wastewater disposal, as it may be amended from time to time.
“State of California Department of Public Health (state DPH)” refers to the State of California Department of Public Health, Division of Drinking Water and Environmental Management – San Francisco District. [Ord. 329, 2012; Ord. 350, 2021. Prior legislation: Ord. 150, 1980; Ord. 273, 1997; Ord. 281, 1998; Ord. 327, 2010.]
4.10.020 Purpose and policy.
This title sets forth uniform requirements for the use of water, potable and recycled, furnished by the District. The objectives of this title are to:
A. Prevent a public hazard, public nuisance or other condition detrimental to the public health, welfare and safety, or detrimental to the environment, from developing from or in connection with the distribution of water.
B. Prevent the introduction of contaminants into the District’s water system.
C. Maintain conformance to regulatory requirements regarding water use.
D. Provide for fees that equitably distribute the cost of operation, maintenance, and improvement of the District’s water system to those who benefit.
This chapter shall govern the use of all water furnished by the District and shall apply to all users thereof. The District may establish classes of service and may change such classifications as circumstances warrant, in the District’s sole discretion. This chapter provides for monitoring, compliance and enforcement activities resulting from or in connection with the use of water furnished by the District; and provides for the setting of rates, charges and fees for the equitable distribution of costs resulting from the District’s water system. [Ord. 329, 2012; Ord. 350, 2021. Prior legislation: Ord. 298, 2003; Ord. 327, 2010.]
4.10.030 Regulation of water usage.
A. All water furnished by the District or used within the water service area of the District shall be subject to the regulations set forth in this title, in this chapter, and other provisions of this code from time to time in effect except those that are determined by the General Manager to be inapplicable. By applying for or receiving water service from the District, each user of water furnished by the District covenants and agrees to comply with and to be bound by such regulations.
B. The District Engineer and the officers and agents of the District shall have unrestricted access at reasonable hours to all premises to which the District provides services to inspect water facilities, meters or other measuring apparatus, and to see that the rules and regulations of the District regarding the installation of water facilities, the taking and use of water are being observed.
C. No person, except one authorized by the District, shall turn on or turn off the water at any connection or open or close any gate valve or other device for regulating the flow measurement of water on the water mains or other District facilities.
D. No customer or other user of the District’s water system shall use, or permit the use of, water for service to or upon any land other than that described in, and permitted under, the application made by the customer or user for water service. In addition, the use of the water connection is limited to the units covered by the water service application. Continued use of water in violation of this section after notice given in the manner, if any, required by law to the customer may result in discontinuance of water service.
E. Except as provided in DSRSDC 4.40.160, Submetering for tenants, no customer within the District boundaries may enter into a contract to resell any water purchased from the District without the special permission of the Board, and, except as provided in DSRSDC 4.40.160, Submetering for tenants, the price of any water to be sold shall be at no more than the rate for such service fixed by the Board. The District shall have the right but not the duty to audit the records of anyone reselling water purchased from the District. No customer outside of the District will be permitted to resell water purchased from the District under any condition. Continued sales of water after service of notice by registered mail to the customer may result in discontinuance of water service. [Ord. 329, 2012; Ord. 350, 2021. Prior legislation: Ord. 69, 1969; Ord. 118, 1975; Ord. 238, 1991; Ord. 239, 1991; Ord. 273, 1997; Ord. 327, 2010.]
4.10.040 Provision of water service.
A. Service Delivery. The District shall undertake to deliver a continuous and sufficient supply of water of suitable quality within a pressure range sufficient for its efficient utilization by its customers. By accepting water service from the District, water customers are deemed to have accepted all conditions of water quality, pressure, and flow. The District makes no warranty, express or implied, about any aspect of such service and shall not be liable for interruptions in supply or variations in water quality or pressure. To the extent practical, the District shall undertake to give advance notice of such interruptions or variations. The District reserves the right at any time to shut off delivery for the purpose of maintaining, repairing, altering, or changing the size of its facilities.
B. Water Pressure. The District Engineer shall from time to time establish water pressure ranges for all customers, and the District shall undertake to furnish water within the range thus established. In accepting water, water customers are deemed to have accepted all conditions of pressure and flow. In circumstances where, as solely and conclusively determined by the District Engineer, it is not reasonably feasible to provide service within the pressure range as thus determined, the District may furnish water service on the additional terms and conditions described in the following sentence. To obtain water service in such circumstances, each customer shall install and maintain, at his or her sole expense, a pump or other pressure-adjusting device and such other facilities sufficient to maintain pressure within an acceptable pressure range at each intended point of use, and shall present to the District appropriate evidence of the installation.
C. Water Meter Reading. Water meters shall be read by the District on a regular basis, usually bimonthly. Special meter readings may be taken because of change of customer, changes of water meter or water meter size, or at other times as determined necessary by the District. The District shall estimate the quantity of water used in whatever manner it considers most appropriate if a water meter cannot be read or in the event that a water meter has not registered or has registered incorrectly.
D. Water Meter Testing.
1. Testing Initiated by Customer. Any customer may request that the water meter be examined and tested by the District for the purpose of ascertaining whether it is registering correctly, if the customer believes the water meter is over-registering the amount of water being delivered. The procedures therefor shall be as established by the District. Cost of testing and adjustment of charges for water meters shall be in accordance with DSRSDC 4.40.170, Meter testing – Charges.
2. Testing Initiated by District. The water meter may be examined and tested by the District for the purpose of ascertaining whether or not it is registering correctly. The procedures therefor shall be as established by the District. Cost of testing and adjustment of charges for water meters shall be in accordance with DSRSDC 4.40.170, Meter testing – Charges. [Ord. 329, 2012; Ord. 350, 2021. Prior legislation: Ord. 69, 1969; Ord. 118, 1975; Ord. 273, 1997; Ord. 327, 2010.]
4.10.050 Account required for service.
A. Need for an Account. Except as provided in DSRSDC 4.30.070, Sale of recycled water at recycled water treatment facilities, the District shall furnish water only to a customer who has a current account, including a current address and the name of the person responsible for making payments on the account.
B. Requests for Water Service. Approval of an application for service in accordance with Chapter 3.40 DSRSDC, Application for Services, is required to initiate service for the first time to a particular parcel. Requests for water service to parcels that have previously received water service shall be made during the District office’s regular posted business hours. In case of an emergency (as determined by the District), the District shall accept requests during nonregular business hours.
C. Need for Water Meter. Water service will be provided only through a water meter assigned to a particular account. A water meter may be moved by the District at the request of a customer from one location to another on the property, upon payment of the cost of a new meter assembly fee in accordance with DSRSDC 3.70.060, Meter assembly installation fee – Water, plus a labor and materials charge for reinstallation of the meter assembly in the new location.
D. Reinstatement. If the District, for any reason authorized by this code or by applicable law, terminates water service, service shall not be reestablished until all charges described in Chapter 4.40 DSRSDC, Rates and Charges, have been paid for services rendered by the District with respect to the premises for which service has been terminated.
E. Liability of Owner and Tenant. An owner, tenant, or other user of property with respect to which such charges are delinquent is jointly and severally liable for payment to the fullest extent permitted by law. [Ord. 329, 2012; Ord. 350, 2021. Prior legislation: Ord. 69, 1969; Ord. 118, 1975; Ord. 148, 1979; Ord. 212, 1987; Ord. 238, 1991; Ord. 239, 1991; Ord. 247, 1992; Ord. 273, 1997; Ord. 299, 2003; Ord. 327, 2010.]
4.10.060 Point of delivery – Responsibility for handling and risk of loss.
A. The point of delivery of water delivered by the District shall, except as set forth in the next sentence, be the discharge side of the District’s water meter, or at the point of connection of a fire service line to the District’s water main. The District Engineer shall determine, in his or her discretion, the point of delivery of water that does not pass through a water meter.
B. The District is responsible for the handling and transmission of water up to the designated point of delivery of water to the customer. Each customer shall bear the risk of loss, and shall be responsible for the carriage, control, handling, storage, distribution and use of all water furnished by the District from and beyond the point of delivery.
C. By applying for or receiving water service from the District, each customer served by the District shall hold the District harmless from any damage suffered by the District and shall indemnify the District from liability or claim of liability for property damage or personal injury, including death, resulting from the carriage, control, handling, storage, distribution or use of water after it passes the point of delivery.
D. By applying for or receiving water service from the District, each customer served by the District agrees that the District and its officers, agents, or employees shall not be liable for damages resulting from the control, carriage, handling, use, disposal, or distribution of water supplied by the District to a customer, after such water has been delivered to the point of connection of such customer, or, in the case of delivery to customers who are water purveyors or truck haulers, after such water has left the District’s distribution facilities. [Ord. 329, 2012; Ord. 350, 2021. Prior legislation: Ord. 327, 2010.]
4.10.070 Ownership of and access to mains, water meters and service lines.
A. The District retains the ownership of water mains, water meters, and connecting service lines on the “upstream” (street) side of the water meter. The customer owns, operates, and maintains all water piping and appurtenances on the customer side of the water meter, including backflow prevention device, pressure-regulating valve, and shut-off valve. For services to fire sprinkler systems, the customer owns water piping from the point of connection of the fire service at the water main, downstream of the isolation valve, to the building structure. No additional charge will be made upon change of ownership of the property unless the character of the service is changed.
B. A fire hydrant on a District main is the property of the District. The cost of installation or removal is the responsibility of the property owner who requests such installation or removal, except by prior specific agreement with the District.
C. The District shall provide a shut-off valve on the District’s side of the water meter. The property owner shall install, for his ordinary usage and at his own expense, a shut-off valve and/or a pressure-regulating valve on the property side of the water meter. The property owner’s shut-off valve and/or pressure-regulating valve shall not be installed within the District’s meter box.
D. The General Manager and other officers, employees, and agents of the District shall have unrestricted access to all District facilities described in this section, and to premises to which water service is supplied by the District, and may periodically inspect the supply system, water meters or other measuring apparatus to see that the rules and regulations of the District regarding the taking, use or waste of water are being observed. General penalties and other provisions for enforcement of violations of the Dublin San Ramon Services District Code are set forth in Chapter 1.30 DSRSDC, Enforcement.
E. Operation and inspection of all of the District facilities, up to and including the water meter, shall be under the management and control of the District. No persons except authorized employees, agents, or contractors of the District shall have the right to enter upon, inspect, operate, adjust, change, alter, move, or re-locate any portion of the District facilities or any of the District’s property.
F. The District is the sole owner of the District facilities, and of equipment, supplies, warranties, rights-of-way, encroachment permits, and licenses that are acquired therefor. Water meters shall be owned by the District. All facilities on the customer side of the point of connection to the water meter shall be owned, operated, and maintained by the water customer. [Ord. 329, 2012; Ord. 350, 2021. Prior legislation: Ord. 69, 1969; Ord. 90, 1971; Ord. 118, 1975; Ord. 129, 1977; Ord. 273, 1997; Ord. 327, 2010.]
4.10.080 Damage to District facilities or property.
A. No user of water from the District’s water system shall create conditions that result in damage to or reduced life of the District’s distribution facilities, or impairment of water quality in the District’s system. Customers or other users of water from the District’s water system shall reimburse the District for costs of repair to the District facilities and other damages resulting from the operations or other activities of the customer.
B. It shall be unlawful and a violation of this code for any person to tamper with, alter, destroy, or otherwise render inoperative any flow restricting device, service valve, meter, hydrant, or any other water system facility, equipment or device installed, operated or maintained by District. Any damage occurring to a water meter or other appliances, including without limitation flow restricting device, service valve, hydrant, or any other water system facility, equipment or device, pipes or any other property of the District, caused directly or indirectly by lack of due care by the customer is the sole responsibility of the customer, who must pay for the damage on presentation of a bill.
C. Before beginning planting operations or construction work, the owner or his or her agent shall ascertain from the District Engineer the location of mains, structures, and other facilities belonging to the District. [Ord. 329, 2012; Ord. 350, 2021. Prior legislation: Ord. 69, 1969; Ord. 118, 1975; Ord. 273, 1997; Ord. 327, 2010.]
4.10.090 Prohibition of cross-connections – Backflow prevention.
A. A cross-connection, or any type of connection which permits a back pressure or back siphonage from an outside source into the District’s mains, is prohibited. A connection between recycled water and potable water lines is prohibited. If both recycled water and potable water lines are present at the customer’s facilities, the customer shall install a backflow prevention device on the customer’s potable water system. The District may require the customer to install a backflow prevention device approved by the District on the customer’s side of the pertinent water meter(s), at the expense of the customer. The General Manager may reduce or suspend deliveries to any customer or other user of water if the General Manager determines that the customer or other user of water has failed to install and appropriately maintain required devices to protect the District’s facilities, and that a substantial risk of damage exists, whether or not the customer’s failure was willful or negligent.
B. A District water connection to a source of possible cross-connection or contamination from back pressure or back siphonage shall be provided with an approved backflow prevention device. The type of device required shall be as specified in the District’s most current Standard Procedures, Specifications and Drawings, and an approved certified backflow testing organization recognized and accredited by the California Department of Public Health pursuant to Health and Safety Code, Division 1, Part 2, Chapter 7.5, Section 1010 et seq.
C. The approved backflow prevention device shall be installed in conformance with the installation requirements contained in the District’s most current Standard Procedures, Specifications and Drawings, and in a location accessible at all times to District personnel for inspection.
D. The costs of the approved backflow prevention device, its maintenance and inspection are the responsibility of the customer. Testing of the device must be performed by an approved backflow prevention device tester, who is on the District’s current list of approved testers.
E. In a case where the water supply to a customer cannot be interrupted for backflow prevention device testing and maintenance, the District may require the customer to supply two backflow prevention devices of the same design and type in parallel.
F. A previously installed device which does not conform to current standards may remain in operation until such time as it requires replacement, any incidents of backflow have occurred, any changes are to be made to the premises it serves, or any change in use of the premises occurs. Should any one of the aforementioned events occur, the previously installed device shall be replaced with a current approved device. [Ord. 329, 2012; Ord. 350, 2021. Prior legislation: Ord. 69, 1969; Ord. 118, 1975; Ord. 150, 1980; Ord. 273, 1997; Ord. 281, 1998; Ord. 327, 2010.]
4.10.100 Obstruction of water facilities prohibited.
No person shall place upon or about any District valve box, manhole, blowoff, air relief valve, water meter, meter box or vault, or any distribution or delivery facilities or appurtenances, any object, materials, debris, landscaping, planting or structure of any kind so as to prevent free access to said items, facilities, or appurtenances at all times. [Ord. 329, 2012; Ord. 350, 2021. Prior legislation: Ord. 327, 2010.]
4.10.110 State laws.
For the protection of public water supplies, many offenses are, by state law, made misdemeanors for which the offender may be criminally prosecuted. These include, but are not necessarily limited to:
Section 374.7, Penal Code: Littering or dumping waste matter into any reservoir or other body of water.
Section 498, Penal Code: Diverting utility services, preventing a water meter from accurately measuring, tampering with District property, making an unauthorized connection or receiving water service through one of the preceding acts.
Section 592, Penal Code: Stealing water, taking water without authority or by making unauthorized connections.
Section 607, Penal Code: Injuring tanks, flumes, reservoirs, etc.
Section 624, Penal Code: Breaking, cutting or obstructing pipes, etc.
Section 625, Penal Code: Taking water after works have been closed or meter sealed.
Section 117000, Health and Safety Code: Fouling or polluting ponds and reservoirs.
In addition, the District may, under Sections 1882 through 1882.6 of the Civil Code, file suit in civil court to enjoin those who divert utility services, make an unauthorized reconnection, tamper with District property, or receive water service through one of the preceding activities, and/or to recover three times the amount of actual damages, plus the cost of the suit and reasonable attorney’s fees. [Ord. 329, 2012; Ord. 350, 2021. Prior legislation: Ord. 69, 1969; Ord. 118, 1975; Ord. 273, 1997; Ord. 327, 2010.]
4.10.120 Suspension or termination of deliveries.
A. Whenever the General Manager determines maintenance of the District’s facilities requires suspension of delivery of water at any point or points of connection or at any other location, such delivery may be suspended without liability on the part of the District; provided, except in cases of emergency, advance notice of such suspension of service shall be given in the manner, if any, required by law to the affected customer or customers. The District will attempt to schedule interruptions of service at such times as will provide the least inconvenience to the customer.
B. The General Manager may order the suspension or termination of water deliveries to any customer when any of the following conditions occur:
1. When so ordered by health or regulatory authorities having jurisdiction.
2. When, in the judgment of the General Manager:
a. The customer has failed to satisfy all requirements of the Dublin San Ramon Services District Code or has in any way endangered the public health and safety or the safety and integrity of the distribution facilities, or has violated a California Department of Health Services order or operating permit, a Regional Water Quality Control Board order, a recycled water use license, any California Department of Public Health reuse criteria, or any law, regulation, agreement, order, permit, guideline, or standard relative to water; or
b. The District is unable to deliver properly and adequately treated potable or recycled water, whether or not due to a shortage; or
c. The requirements of the California Department of Public Health, and any amending or superseding provisions related to the quality of potable water or recycled water, are not being met.
3. If the Regional Water Quality Control Board or other authority changes the requirements for treating or delivering recycled water to a level the District determines it cannot reasonably meet or cannot reasonably meet without costly additional treatment.
C. Water service shall not be reinstituted unless and until the General Manager determines that adequate measures or means have been taken by the user to comply with the Dublin San Ramon Services District Code, prevent recurrence of such endangerment or violation, or of any other such endangerment or violation. Water service shall be reinstituted at the customer’s expense except when the service or wastewater collection was suspended for the reasons specified in subsection (B)(2)(b) of this section. [Ord. 329, 2012; Ord. 350, 2021. Prior legislation: Ord. 327, 2010.]
4.10.130 Interference with District employees.
It shall be unlawful and a violation of this code for any person to interfere with, harass, intimidate, or otherwise obstruct any employee, officer or agent of District in lawfully carrying out any duty under, or performing any act pursuant to, this code. [Ord. 329, 2012; Ord. 350, 2021.]