Chapter 6-4
WATER SERVICE
Sections:
Article 1. Installation of Service
6-4-100 Installation of water service.
6-4-105 Extension of water mains.
6-4-110 Installation of valves.
6-4-111 Water service outside City – Annexation.
6-4-112 Water service reconnection fees.
6-4-115 Rates, rules and regulations.
6-4-116 Water shortage regulations and restrictions.
Article 2. Control of Backflow and Cross-Connections
6-4-200 Cross-connection control – General policy.
6-4-205 Definitions.
6-4-210 Requirements.
Article 1. Installation of Service
6-4-100 Installation of water service.
When an application for water service is made to the City for any premises the City Manager will estimate the total cost of labor and materials necessary for laying and installing the service pipe and fixtures (including meter and meter box) from the water main to the meter. Upon the payment by the applicant of such estimated cost, the City will proceed to install such service pipe and fixtures. Whenever it appears that such cost has been underestimated, the City Manager will re-estimate such cost and further work on such extension shall cease until the applicant has paid to the City the additional estimated cost. Any excess payment shall be returned to the applicant.
6-4-105 Extension of water mains.
Where application is made for water service for any premises located on a street in which there exists no water main in front of the premises, the City Manager will estimate the total cost of labor and materials for the extension of the nearest main to the front of such premises, and upon payment by the applicant of such estimated cost, the City Manager will proceed to make such extension.
Whenever it appears that such cost has been underestimated, the City Manager will re-estimate such cost, and further work on such extension shall cease until the applicant has paid to the City such additional estimated cost. Any excess payment shall be returned to the applicant.
Except that during any period of threatened or actual shortage of essential services that are provided by the City, the City shall have the right to apportion its available water capacity among consumers in such manner as appears most equitable under the circumstances then prevailing and with due regard to public health and safety. Such apportionment shall grant priority to housing with units affordable to lower income housing.
6-4-110 Installation of valves.
The owner of premises on which water service is hereafter installed must install and maintain at a point inside his property line nearest the meter, a wheel handle valve for use of the owner or occupant of the premises. The owner or occupant shall use only such wheel handle valve for shutting off water to his premises, the curb cock being for the exclusive use of the City.
6-4-111 Water service outside City – Annexation.
Property outside the City limits requesting new water service connection shall be required to annex or enter into an irrevocable offer to annex the property into the City limits prior to connections to City’s water distribution system. The property will be responsible to install, construct and extend, to the City’s standards, all water mains, lines and water appurtenances to the property boundaries at the sole cost of the property owners and pay all connection fees, impact fees, water meter cost, shut off valves, water service laterals, water valves, fire hydrants and other appurtenances associated with water services to said property.
6-4-112 Water service reconnection fees.
When a property owner requests reconnection twelve (12) or more months following termination or disconnection of water services, the property owner shall be required to pay all labor, materials and incidental costs, reconnection fees and fifty percent (50%) of the current adopted water impact fees.
6-4-115 Rates, rules and regulations.
The City Council may periodically by resolution adopt rates, rules and regulations for the provision of water service.
6-4-116 Water shortage regulations and restrictions.
(A) Declaration of Emergency and Imposition of Water Conservation Regulations. The provisions of this Section shall take effect whenever the City Council declares by resolution that a state of emergency due to drought exists in the State of California or the City of San Juan Bautista, and they shall remain in effect for the duration of the state of emergency set forth in the resolution or that the water sources are inadequate to meet at least ninety percent (90%) of projected demands of the City of San Juan Bautista. The declaration shall be based upon the legally required findings including that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply. Persons shall be informed that the City Council made a declaration of emergency and therefore there will be an imposition of water conservation regulations by a posting on the City’s Internet website, and in the following public places: San Juan Bautista City Hall, 311 Second Street, San Juan Bautista; City Library, 801 Second Street, San Juan Bautista; and the Post Office, 301 The Alameda, San Juan Bautista. The City Manager or his or her designee shall take such steps as are necessary to inform the public, which may include the mailing of a notice of imposition of water conservation regulations to persons in the City’s water service area. Imposition of water conservation regulations shall not be enforced until such time as the public has received notice, as set forth herein.
(B) Application of Regulations. The provisions of this Section shall apply to all persons using or consuming water both inside and outside the City and within the City water service area, and regardless of whether any person using water shall have a contract for water service with the City.
(C) Precedence of Regulations. Where other provisions of the municipal code, whether enacted prior or subsequent to this Section, are inconsistent with the provisions of this Section, the provisions of this Section shall supersede and control for the duration of the state of emergency set forth in the resolution of the City Council.
(D) Water Waste Prohibitions. It shall be unlawful, when a declaration of emergency has been declared and emergency regulations are in effect, for any person, firm, partnership, association, corporation, political entity (including the City) or any other Water Department customer to use water for any of the following:
(1) Landscape watering on any day other than Monday and Thursday, or between the hours of 9:00 a.m. and 5:00 p.m. on any day.
(2) Washing down sidewalks and driveways.
(3) Watering outdoor landscapes in a manner that causes excess runoff.
(4) Washing a motor vehicle with a hose, unless the hose is fitted with a shut-off nozzle.
(5) Operating a fountain or decorative water feature, unless the water is part of a recirculating system.
(6) Irrigating turf or ornamental landscapes during and forty-eight (48) hours following measurable precipitation.
(7) Serving water to customers in restaurants or other food service establishments, other than by request.
(8) Laundering towels and linens daily in hotels and motels without offering the option of choosing not to have them laundered, or not prominently displaying notice of this option.
(E) Penalties. While nothing in this Section is intended to limit or otherwise restrict the potential application of all available civil and criminal penalties for violations of the State and local water use restrictions, there is value in an education-based approach in encouraging water conservation, therefore staff will first attempt to achieve compliance by providing customers with reasonable notice of the alleged violation and an opportunity to correct the problem, before issuing fines for willful and repeated violations. Fines after a warning for violation of water restrictions are as follows:
(1) First offense – fifty dollar ($50.00) penalty.
(2) Second offense – one hundred dollar ($100.00) penalty.
(3) Three or more offenses – penalties will increase by one hundred dollars ($100.00) for each additional violation, up to a maximum of five hundred dollars ($500.00) per day.
(F) Exceptions. Any request for an exception to the provisions of this Section shall be made in writing to the City Manager and shall document the reasons why there is no other alternative to the water waste restrictions and the damages resulting from adherence to the restrictions. The City Manager shall issue an exception, in writing, or deny the exception request, in which case, his or her decision shall be final.
Article 2. Control of Backflow and Cross-Connections
6-4-200 Cross-connection control – General policy.
(A) Purpose. The purpose of this Article is:
(1) To protect the public potable water supply of the City of San Juan Bautista (the City) from the possibility of contamination or pollution by isolating within the consumer’s internal distribution systems or the consumer’s private water system(s) such contaminants or pollutants which could backflow into the public water systems; and
(2) To promote the elimination or control of existing cross-connections, actual or potential, between the consumer’s in-plant potable water system(s) and nonpotable water system(s), plumbing fixtures and industrial piping systems; and
(3) To provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems.
(B) Responsibility. The City Manager shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the water service connection. If, in the judgement of the City Manager, an approved backflow prevention assembly is required (at the consumer’s water service connection; or within the consumer’s private water system) for the safety of the water system, the City Manager or his/her designated agent shall give notice in writing to said consumer to install such an approved backflow prevention assembly(s) at a specific location(s) on his premises. The consumer shall immediately install such an approved backflow prevention assembly(s) at the consumer’s own expense; and failure, refusal or inability on the part of the consumer to install, have tested and maintained said assembly(s) shall constitute grounds for discontinuing water service to the premises until such requirements have been satisfactorily met.
6-4-205 Definitions.
Approved.
(1) The term “approved” as herein used in reference to a water supply shall mean a water supply that has been approved by the health agency having jurisdiction.
(2) The term “approved” as herein used in reference to an air gap, a double check valve assembly, a reduced pressure principle backflow prevention assembly or other backflow prevention assemblies or methods shall mean an approval by the administrative authority having jurisdiction.
Auxiliary Water Supply. Any water supply on or available to the premises other than the purveyor’s approved public water supply will be considered as an auxiliary water supply. These auxiliary waters may include water from another purveyor’s public potable water supply or any natural source(s) such as a well, spring, river, stream, etc., or used waters or industrial fluids. These waters may be contaminated or polluted or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have sanitary control.
“Backflow” shall mean the undesirable reversal of flow of water or mixtures of water and other liquids, gases or other substances into the distribution pipes of the potable supply of water from any source or sources. See the terms “Backsiphonage” and “Backpressure.”
“Backflow preventer” means an assembly or means designed to prevent backflow.
(1) “Air gap” shall mean a physical separation between the free-flowing discharge end of a potable water supply pipeline and an open or nonpressure receiving vessel. An “approved air gap” shall be at least double the diameter of the supply pipe measured vertically above the overflow rim of the vessel C in no case less than one (1) inch (2.54 cm).
(2) Reduced Pressure Principle Backflow Prevention Assembly. The term “reduced pressure principle backflow prevention assembly” shall mean an assembly containing two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located resilient seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly. This assembly is designed to protect against a nonhealth (i.e., pollutant) or a health hazard (i.e., contaminant). This assembly shall not be used for backflow protection of sewage or reclaimed water.
(3) “Double check valve backflow prevention assembly” shall mean an assembly composed of two independently acting, approved check valves, including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. (See Specifications, Section 10 for additional details.) This assembly shall only be used to protect against a nonhealth hazard (i.e., pollutant).
“Backpressure” shall mean any elevation of pressure in the downstream piping system (by pump, elevation of piping, or steam and/or air pressure) above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow.
“Backsiphonage” shall mean a form of backflow due to a reduction in system pressure which causes a subatmospheric pressure to exist at a site in the water system.
City Manager. The City Manager, in charge of the Public Works Department of the City of San Juan Bautista, is invested with the authority and responsibility for the implementation of an effective cross-connection control program and for the enforcement of the provisions of this Article.
“Contamination” shall mean an impairment of the quality of the water which creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, waste, etc.
“Cross-connection” shall mean any unprotected actual or potential connection or structural arrangement between a public or a consumer’s potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.
(1) “Direct cross-connection” shall mean a cross-connection which is subject to both backsiphonage and backpressure.
(2) “Indirect cross-connection” shall mean a cross-connection which is subject to backsiphonage only.
“Cross-connection, controlled” means a connection between a potable water system and a nonpotable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard.
Hazard, Degree of. The term “degree of hazard” shall mean either a pollutional (nonhealth) or contamination (health) hazard and is derived from the evaluation of conditions within a system.
(1) Hazard, Health. The term “health hazard” shall mean an actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer’s potable water system that would be a danger to health.
(2) Hazard, Plumbing. The term “plumbing hazard” shall mean an internal or plumbing type cross-connection in a consumer’s potable water system that may be either a pollution or a contamination type hazard. This includes but is not limited to cross-connections to toilets, sinks, lavatories, wash trays and lawn sprinkling systems. Plumbing type cross-connections can be located in many types of structures including homes, apartment houses, hotels and commercial or industrial establishments. Such a connection, if permitted to exist, must be properly protected by an appropriate type of backflow prevention assembly.
(3) Hazard, Pollutional. The term “pollutional hazard” shall mean an actual or potential threat to the physical properties of the water system or the potability of the public or the consumer’s potable water system but which would not constitute a health or system hazard, as defined. The maximum degree or intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances.
(4) Hazard, System. The term “system hazard” shall mean an actual or potential threat of severe danger to the physical properties of the public or the consumer’s potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.
“Industrial fluids” shall mean any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration which would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply. This may include but not be limited to: polluted or contaminated used waters; all types of process waters and “used waters” originating from the public potable water system which may deteriorate in sanitary quality; chemicals in fluid form; plating acids and alkalies; circulated cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used industrially, for other processes, or for fire fighting purposes.
“Nonpotable water” shall mean a water supply which has not been approved for human consumption by the health agency having jurisdiction.
“Pollution” shall mean an impairment of the quality of the water to a degree which does not create a hazard to the public health but which does adversely and unreasonably affect the aesthetic qualities of such waters for domestic use.
“Potable water” shall mean any public potable water supply which has been investigated and approved by the health agency. The system must be operating under a valid health permit. In determining what constitutes an approved water supply, the health agency has final judgment as to its safety and potability.
“Service connection” shall mean the terminal end of a service connection from the public potable water system (i.e., where the water purveyor may lose jurisdiction and sanitary control of the water at its point of delivery to the consumer’s water system). If a water meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the water meter.
“Service protection” shall mean the appropriate type or method of backflow protection at the service connection, commensurate with the degree of hazard of the consumers’ potable water system.
“Used water” shall mean any water supplied by a water purveyor from a public potable water system to a consumer’s water system after it has passed through the service connection and is no longer under the control of the water purveyor.
6-4-210 Requirements.
(A) Water System.
(1) The water system shall be considered as made up of two parts: the water purveyor’s system and the consumer’s system.
(2) The water purveyor’s system shall consist of the source facilities and the distribution system and shall include all those facilities of the water system under the complete control of the purveyor, up to the point where the consumer’s system begins.
(3) The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system.
(4) The distribution system shall include the network of conduits used for the delivery of water from the source to the consumer’s system.
(5) The consumer’s system shall include those parts of the facilities beyond the termination of the water purveyor’s distribution system which are utilized in conveying potable water to points of use.
(B) Policy.
(1) No water service connection to any premises shall be installed or maintained by the water purveyor unless the water supply is protected as required by City of San Juan Bautista laws and regulations and this cross-connection control Article. Service of water to any premises shall be discontinued by the water purveyor if a backflow prevention assembly required by this cross-connection control Article is not installed, tested and maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.
(2) The consumer’s system should be open for inspection at all reasonable times to authorized representatives of the City of San Juan Bautista to determine whether unprotected cross-connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the City Manager shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the consumer has corrected the condition(s) in conformance with the City of San Juan Bautista’s statutes relating to plumbing and water supplies and the regulations adopted pursuant thereto.
(3) An approved backflow prevention assembly shall also be installed on each service line to a consumer’s water system at or near the property line or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line wherever the following conditions exist:
(a) In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the City Manager, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard.
(b) In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard. This shall include the handling of process waters and waters originating from the water purveyor’s system which have been subject to deterioration in quality.
(c) In the case of premises having (i) internal cross-connections that cannot be permanently corrected or protected against, or (ii) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line.
(4) The type of protective assembly required under subsections (B)(3)(a), (b) and (c) of this Section shall depend upon the degree of hazard which exists as follows:
(a) In the case of any premises where there is an auxiliary water supply as stated in subsection (B)(3)(a) of this Section and it is not subject to any of the following rules, the public water system shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly.
(b) In the case of any premises where there is water or substance that would be objectionable but not hazardous to health, if introduced into the public water system, the public water system shall be protected by an approved double check valve backflow prevention assembly.
(c) In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants.
(d) In the case of any premises where there are unprotected cross-connections, either actual or potential, the public water system shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly at the service connection.
(e) In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection survey, the public water system shall be protected against backflow from the premises by either an approved air gap or an approved reduced pressure principle backflow prevention assembly on each service to the premises.
(5) Any backflow prevention assembly required herein shall be a make, model and size approved by the City Manager. The term “approved backflow prevention assembly” shall mean an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association entitled:
AWWA/ANSI C5 10-92 Standard for Double Check Valve Backflow Prevention Assemblies;
AWWA/ANSI C5 11-92 Standard for Reduced Pressure Principle Backflow Prevention Assemblies; and, have met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California (USC FCCCHR) established in:
Specifications of Backflow Prevention Assemblies – Section 10 of the most current edition of the Manual of Cross-Connection Control.
Said AWWA and USC FCCCHR standards and specifications have been adopted by the City of San Juan Bautista. Final approval shall be evidenced by a “certificate of compliance” for the said AWWA standards; or “certificate of approval” for the said USC FCCCHR Specifications, issued by an approved testing laboratory.
The following testing laboratory has been qualified by the City of San Juan Bautista to test and approve backflow prevention assemblies:
Foundation for Cross-Connection Control and Hydraulic Research
University of Southern California
KAP 200 University Park MC-2531
Los Angeles, California 90089-2531
Testing laboratories other than the laboratory listed above will be added to an approved list as they are qualified by the City of San Juan Bautista.
Backflow preventers which may be subjected to backpressure or backsiphonage that have been fully tested and have been granted a certificate of approval by said qualified laboratory and are listed on the laboratory’s current list of approved backflow prevention assemblies may be used without further test or qualification.
(6) It shall be the duty of the consumer at any premises where backflow prevention assemblies are installed to have a field test performed by a certified backflow prevention assembly tester upon installation and at least once per year. In those instances where the City Manager deems the hazard to be great enough, she/he may require field tests at more frequent intervals. These tests shall be at the expense of the water user and shall be performed by City Public Works Department personnel or by a certified tester approved by the City Manager. It shall be the duty of the City Manager to see that these tests are made in a timely manner. The consumer shall notify the City Manager in advance when the tests are to be undertaken so that an official representative may witness the field tests if so desired. These assemblies shall be repaired, overhauled or replaced at the expense of the consumer whenever said assemblies are found to be defective. Records of such tests, repairs and overhaul shall be kept and made available to the City Manager.
(7) All presently installed backflow prevention assemblies which do not meet the requirements of this Section but were approved devices for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the testing and maintenance requirements under subsection (B)(6) of this Section, be excluded from the requirements of these rules so long as the City Manager is assured that they will satisfactorily protect the water purveyor’s system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or when the City Manager finds that the maintenance constitutes a hazard to health, the unit shall be replaced by an approved backflow prevention assembly meeting the requirements of this Section.
(8) The City Manager is authorized to make all necessary and reasonable rules and policies with respect to the enforcement of this Article. All such rules and policies shall be consistent with the provisions of this Article and shall be effective thirty (30) days after being filed with the Clerk of the City of San Juan Bautista.
Legislative History: Ords. 29A (4/9/12), 25A (no date), 24A (7/6/09), 85A (11/9/49), 85A.1 (9/5/78), 94-2 (3/15/94), 2006-03 (3/21/06), 2013-02 (6/18/13), 2015-19 (5/19/15), 2019-08 (11/19/19).