Ordinances

ORDINANCES NO. 2011-01, 2013-01 OF THE TALMONT RESORT IMPROVEMENT DISTRICT ESTABLISHING RULES, REGULATIONS, RATES AND CHARGES GOVERNING THE USE, OPERATION, AND MANAGEMENT OF THE DISTRICT WATER SYSTEM FACILITIES AND SNOW REMOVAL SERVICES; AND REVOKING ALL PREVIOUS WATER ORDINANCES AND RESOLUTIONS, TO THE EXTENT THAT THEY ARE INCONSISTENT WITH THIS ORDINANCE

Be it enacted by the Board of Directors of the Talmont Resort Improvement District that The Board does hereby establish and adopt the following rules, regulations, and procedures, rates and charges governing the use, operation and management of the District’s water system facilities and snow removal services as follows:

1. DEFINITIONS

For the purposes of this Ordinance, the terms used herein are defined as follows:

1.1      APPLICANT:  The person making application for a permit for water connection who shall be the owner or authorized agent of owner to be served by the requested permit.

1.2      APPROVED:  Accepted by the District as meeting an applicable specification stated or cited in this Ordinance, or suitable in the sole judgment of the District for the proposed use.

1.3      BACKFLOW:  The reversal of the normal flow of water caused either by backpressure or backsiphonage.

1.4      BACKFLOW PREVENTER:  An assembly or means designed to prevent backflow.

1.5      BACKPRESSURE: The flow of water or other liquids, mixtures or substances under pressure into the distribution pipes of a potable water supply system from any source or sources other than the intended source.

1.6      BACKSIPHONAGE: The flow of water or other liquids, mixtures, or substances into the distribution pipes of a potable water supply from any source other than its intended source caused by the reduction of pressure in the potable water supply system.

1.7      BOARD OF DIRECTORS: The lawfully elected or appointed governing body of the Talmont Resort Improvement District.

1.8      CONNECTION CHARGE:  An amount of money charged for connection to the District water system pursuant to District Ordinance.  Connection Charges are defined in Schedule A of this Ordinance.

1.9      CONSUMPTION:  The amount of water measured through a water meter for a given period of time.

1.10    CONTAMINATION:  An impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual or potential hazard to the public health through poisoning or through spread of disease.

1.11    CONTRACTOR:  An individual, firm, corporation, partnership or association duly licensed or approved by the State of California to perform the type of work to be done under permit from the District.

1.12    CROSS-CONNECTION:  Any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems one of which contains potable water and the other non-potable water or industrial fluids of questionable safety, through which, backflow may occur into the potable water system.  This would include any temporary connections, such as hoses, swing connections, removable sections, four way plug valves, spools, dummy section of pipe, swivel or change-over devices of sliding multi-port tube.

1.13    CUSTOMER:  The legal owner(s) of a property or premises receiving water service from the District, the owner of a private water system being supplied water from the District, or other purchaser approved by the Board.  Although the legal owner(s) of a property or premises may have rented or leased the property to a tenant, the legal owner(s) remains the Customer.

1.14    CUSTOMER VALVE:  The first valve located on the Customer’s side of the Point of Delivery on the Customer Service Line.

1.15    DEVELOPMENT AGREEMENT:  A written agreement between the District and a Customer regarding the design and construction of new or relocated District water distribution facilities to serve the proposed improvements of the Customer.

1.16    DISTRIBUTION LINE:  The piping system owned by the District which delivers water from a storage tank to a service extension.

1.17    DISTRICT:  Talmont Resort Improvement District

1.18    DWELLING UNIT:  A separate living unit with kitchen and bathroom facilities.

1.19    EASEMENT:  Non-possessory interest in real property which entitles its owner to the limited use and enjoyment in the lands of another.

1.20    FEE:  A charge for processing or other special service provided by the District, typically related to permitting, over and above water connection, water service and snow removal fees.  The District’s adopted Fee Schedule is presented as Schedule B of this Ordinance.

1.21    HAZARD, DEGREE OF:  The term derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.

1.22    HAZARD, HEALTH:  Any condition, device, or practice in the water supply system and its operation which could create or, in the judgment of the District, may create a danger to the health and well-being of the water customer.

1.23    HAZARD, PLUMBING:  A plumbing cross-connection in a customer’s potable water system that has not been properly protected by an approved air-gap or approved backflow prevention assembly.

1.24    HAZARD, POLLUTION:  An actual or potential threat to the physical properties of the water system or the potability of the public or the customer’s potable water system which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.

1.25    HAZARD, SYSTEM:  An actual or potential threat of severe damage to the physical properties of the public potable water system or the customer’s potable water system or of a pollution or contamination which would have a protracted affect on the quality of the potable water in the system.

1.26    HOME OFFICE:  A commercial or business activity conducted out of a portion of a residential home or on a portion of a residential parcel.  To be considered a Home Office, the primary purpose or majority area of the residence or parcel must be inhabited and used for residential purposes.

1.27    INDUSTRIAL FLUIDS SYSTEM:  Any system containing a fluid or solution which may contain chemical or biological additives or otherwise be contaminated or polluted in a form or concentration that would constitute a health, system, pollution or plumbing hazard if introduced into an approved water supply.  This may include, but not be limited to: polluted or contaminated waters; all types of process waters and “used waters” originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; chemical additives for heating or fire suppression systems; contaminated natural waters such as from wells, springs, streams, rivers, irrigation canals or systems, etc.; oils, gases, glycerin, parafins, caustic and acid solutions and other liquid and gaseous fluids.

1.28    KITCHEN:  A room or area containing cooking facilities or a kitchen sink.

1.29    MAINTENANCE:  Upkeep of property or equipment, including repair, renewal and replacement.

1.30    MANAGER:  The water manager of the District, his or her successor, or other person duly designated to perform the services or make the determinations permitted or authorized hereunder.

1.31    MIXED-USE:  Water service to a parcel or facilities with both residential and commercial water usage classifications.

1.32    PERMIT:  Any written authorization required pursuant to this or any other regulation, ordinance, or statute of the District, Placer County, or the State of California, for installation of, or connection to the District water system, including without limitation, a permit to draw water from any District water system appurtenance.

1.33    PERSON:  The state, any individual, public or private corporation, political subdivision, governmental agency, municipality, industry, co-partnership, association, firm, trust, estate, or any other legal entity whatsoever.

1.34    POINT OF DELIVERY:  The location at which all water consumption is measured for a water service.  The Point of Delivery is where ownership of the water facility transitions from the District to a Customer.  It is the terminal end of a Service Extension from the public potable water system and the beginning point for a Customer Service Line to the Customer’s water system.  This is the location where the District loses jurisdictional and sanitary control over the water delivered to the customer’s water system.  The Point of Delivery is shown on Figure 1 and is located, by definition, at either of the following:

1.34.1 The Customer side of the joint of the water meter assembly; or

1.34.2  The Customer side of the connection to the District’s valve.

1.35    POLLUTION:  The presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade or threatens to degrade its quality so as to impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for beneficial use.

1.36    SERVICE AREA:  The water service area is defined by the established District Boundary.

1.37    SERVICE CLASSIFICATIONS

1.37.1  COMMERCIAL SERVICE:  Water service, regardless of county zoning,                 for any use on lands or buildings where the customer is engaged in a                     trade or business, or   water service to a parcel which has been approved              for a mixed-use consisting of both commercial and residential uses, if                   served by a single water service connection.  If each use is exclusively                         served by separate water services connections, then they will be classified                        separately.

1.37.2 RESIDENTIAL SERVICE:  Water service for household or    residential      purposes including any indoor use and including any outdoor or irrigation      use upon the parcel being serviced to any of the following:  a single family residence, including those with home offices, or those residences that are         rented out either daily, weekly, monthly, or for such other term as the          owner determines; or a multiple-unit residence served by a single water      service connection.

1.37.3 PRIVATE FIRE HYDRANT SERVICE:  Water service to a privately-owned             fire hydrant or hydrants which are located downstream of the Point of            Delivery.

1.37.4 PRIVATE FIRE PROTECTION SERVICE:  Water service to a private fire   sprinkler systems or other private fire protection systems.

1.37.5 UNCLASSIFIED SERVICE:  Water service provided outside the District or to premises having unusual characteristics.

1.38    SERVICE CONNECTION:  A water service connection to the public potable water system (the District’s Distribution Line), consisting of a service extension ending at the Point of Delivery.  Each individual service connection shall be classified and billed independently unless otherwise agreed upon by the Board of Directors.

1.39    SERVICE EXTENSION:  The water line which begins at the District’s Distribution Line and ends at the Point of Delivery, consisting of the water pipeline, valves, fittings, meter assembly, and other appurtenances.

1.40    SERVICE LINE, CUSTOMER:  The water line from the Point of Delivery to the building foundation, including customer valve, water delivery pipeline, and valves, fittings and other appurtenances.

1.41    SINGLE FAMILY RESIDENTIAL:  A single parcel with a single dwelling unit which is served by a single water service connection.

1.42    SNOW REMOVAL:  The removal of snow from County roads leading to and within the District.

1.43    WATER METER:  A measuring device used to quantify water delivery to a downstream source.  Water meter includes the meter body, meter register, the radio transmitter and associated wiring.

1.44    WATER METER ASSEMBLY:  The District’s curb stop, water meter setter, water meter, radio transmitter, water meter box and lid, and connected fittings.

1.45    WATER, NONPOTABLE:  Water which is not safe for human consumption or which does not meet applicable State or Federal standards.

1.46    WATER, POTABLE:  Water which is safe for human consumption under applicable State and Federal standards.

1.47    WATER, USED:  Any water supplied by a water purveyor from a public potable water system to a customer’s water system after it has passed through the Point of Delivery and is no longer under the sanitary control of the water purveyor.

2. GENERAL POLICIES

2.1      Water Service:  The District will exercise reasonable care and diligence to deliver to its customers a continuous and sufficient supply of potable water at the required pressure at the Point of Delivery, in accordance with California Department of Public Health Standards, Title 22, California Code of Regulations.  The District will also exercise reasonable care and diligence to avoid shortages or interruptions in service.  However, the District shall not be liable for interruptions, shortages, insufficiency of supply, lack of potability, fluctuations or variations in pressure, or any loss or damage occasioned thereby.

2.2      Exclusive Control Parameters:  The entire water system up to the Points of Delivery including the water meter assemblies shall be under the exclusive control and management of the District.

2.3      Interruption of Services for Repairs or Improvements:  When the District finds it necessary or convenient to make repairs or improvements to its system, the District shall have the right to temporarily suspend the delivery of water.  The District shall not be liable for any loss or damage occasioned thereby.  Repairs or improvements will be made as rapidly as practical and at such times as will reasonably minimize inconvenience to the customer.

2.4      Connections and Water Use:  Connections and water use shall be in accordance with the provisions of District rules, ordinances and specifications.

2.5      Application for Connection, Increase, or Alteration of Water Usage:  No person shall connect or alter the use of water without having first made application to the District and having paid all applicable charges as set forth on Schedules A and B.  All necessary permits must have been obtained.

2.6      Use of the District’s Water:  No person other than the duly authorized representatives of the District or fire department within the boundaries of the District shall open or draw water from any District facility, including fire hydrants, without prior written approval and payment of all charges.

2.7      Use of Water from Private Fire Protection Services or Private Fire Hydrants:  Use of water from Private Fire Protection Services or Private Fire Hydrants for any use other than for firefighting or reasonable maintenance of the private fire protections facilities is prohibited.

2.8      Connection and Service Charges:  Connection charges and service charges are fixed by the ordinances of the District and are set forth in Schedules A.

2.9      Fees:  Fees are fixed by the ordinances of the District and are set forth in Schedule B.

2.10    Water Connection Permit:  Upon approval of application for water service and payment of all applicable charges, the District will issue a water connection permit provided that there is sufficient water and capacity available in the system to meet the requested service.  The application may be denied until any delinquent charges owed to the District are paid.

2.11    Water Conservation:  Any person receiving water service shall not use water in a manner that is wasteful and without reasonable purpose.  All Customer Service Lines  and plumbing fixtures for new construction and remodeling shall meet the current requirements imposed by Placer County and the State of California.

2.12    Water Use Restrictions:  The District has the option to implement water use restrictions during water shortages.  Water Use Restrictions will be triggered by specific conditions relating to the operating capacities of the District’s water sources and the water distribution system.  Examples include but are not limited to severe local drought conditions, significant depletion of pumping capacity due to mechanical failure or aquifer depletion, major distribution system failures such as water or transmission main failure, water tank failure, natural disasters such as fire, weather or earthquake events, or long term power outages.

2.13    Private Fire Protection:  Water service required for private fire protection will be provided at the sole expense of the customer and where sufficient District water system capacity is available to supply the customer with the requested flow or facilities.  The District is not responsible to provide any system upgrades necessary to make sufficient water and capacity available for private fire protection requests.

2.14    Development Agreement Needed for Improvements, Extensions or Relocation of Service:  Improvements, extensions, or relocations to any District water facilities necessary to provide any classification of water service to new development, redevelopment, new construction, or revisions to use of Customer’s property shall be at the sole expense of the Customer and at the sole discretion of the District.  Customer and District shall enter into a Development Agreement which will dictate the terms, responsibilities, costs, and final disposition of the improvements required.

2.15    Prohibition of Unprotected Cross-Connections:  The regulations of the State Department of Public Health and of the United States Environmental Protection Agency prohibit unprotected cross-connections between the District’s public water supply and any other approved or unapproved source of water.  Cross-Connection is defined in section 1.12.

2.16    Contracts for Unclassified Water Service:  Water service outside District boundaries or other premises having unusual characteristics shall be deemed unclassified and may be provided by contract only at the discretion of the District.

2.17    Snow Removal:  The goal of the District’s snow removal services is to keep the District’s roads open as best as possible, given the conditions, and under the discretion of the Snow Removal Manager.

2.18    Snow Removal Service Charges:  The snow removal service charges are set by the ordinances of the District and are set forth in Schedule A.

3. DISTRICT RESPONSIBILITIES

3.1      District Areas of Responsibility:  The District shall operate and maintain the public water distribution system upstream of the Point of Delivery.  The District is not responsible for the installation and maintenance of the Customer Service Lines beyond the end of its Service Extension.  The District’s Service Extension begins at the distribution line and ends at the Point of Delivery as defined in Section 1.34.

3.2      Water Meter and Meter Assemblies:  The District owns and shall be responsible for the physical installation and maintenance of all Water Meter and Water Meter Assemblies.  Any changes to existing Service Extensions or Meter Assemblies (size, quantity, or location) must be constructed by the District.

3.3      Field Location of Water Lines:  The District may, at the request of a Customer, field locate water lines and facilities if District personnel and equipment are available.  The Customer shall reimburse the District for costs, including mileage, labor and equipment or any applicable service charges as established by the District.

3.4      Determination of Need for Backflow Prevention Assembly:  The District shall have regulatory responsibility 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 judgment of the District, an approved backflow prevention assembly is required at the Customer’s water service connection for the safety of the water system, the District shall give the Customer notice in writing to install an approved backflow prevention assembly at specific locations at the Customer’s premises, in accordance with Section 6.

3.5      Inspection Requirements:  The scope of work to be inspected and approved by the District shall include any part of the Customer Service Line where it comes into contact with the District’s Point of Delivery.  The District retains the right to request from the Customer their proof of compliance with County and State permits and specifications.

3.6      Liability:  The District shall not be responsible for any loss or damage directly or indirectly resulting from or caused by the proper, improper, or negligent installation, operation, use, repair or maintenance of water facilities or equipment by the Customer or any other person.  The District shall not be responsible for any loss or damage directly or indirectly resulting from or caused by the District’s snow removal.

3.7      Snow Removal:  The District provides primary responsibility for removal of snow on the county roads leading to and within the District.

4. CUSTOMER RESPONSIBILITIES

4.1      Legal Owner(s):  The Legal Owner(s) of a property or premises served by the District’s water distribution system is (are) responsible for compliance with District rules, resolutions, ordinances, and specifications, and for payment of all fees and charges.

4.2      Customer Service Line:  The Customer, at the Customer’s sole expense, shall furnish, install, and maintain in good repair all Customer Service Lines from the District’s Point of Delivery to the premises served.  The Customer Service Line includes the water delivery pipeline, valves, fittings, and other appurtenances.  The Customer shall be responsible for ensuring that the Customer Service Line complies with applicable  County, State and District specifications, and meets the applicable performance standards in effect.  All County and State permits and inspections are the responsibility of the Owner.

4.3      Application for Service:  Application to connect to the District’s water system shall be made to the District.  No person shall connect to the District water system prior to making application and paying the applicable fees as shown on Schedules A and B.

4.4      Cost of Service Extension and Water Meter Assembly:  The cost of the required Service Extension and Water Meter Assembly shall be paid by the Customer in accordance with the fee schedule set forth in Schedule B.

4.5      Requested Changes:  The Customer shall be responsible for all costs associated with Customer-requested changes or relocations of Service Extensions, Water Meter Assemblies, and/or Points of Delivery.

4.6      Liability for Damages:  The Customer shall be liable for damages to facilities owned by the District caused by an act of the Customer or Customer’s tenants, employees, agents or contractors.

4.7      Private Fire Protection Services and Private Fire Hydrants:  The Customer shall be responsible for all costs associated with the installation and maintenance of private fire protection services and/or private fire hydrants, which may include Service Extensions, check valves, water meter assembly, and Customer Service Lines, and any required District water system upgrades necessary to provide the requested service.

4.8      Backflow Prevention Devices:  The Customer shall be responsible for all costs associated with the installation, maintenance, and annual testing of approved backflow prevention devices required by District ordinance.

4.9      Repairs or Replacement of Customer Service Line:  If repair or replacement of any portion of a Customer Service Line is required, the Customer is responsible for ensuring that the Customer Service Line complies with current County, State and District specifications, and meets the most recent performance standards in effect.  If the Customer’s work requires a shut-off of a District valve, the Customer must notify the District at least 48 hours prior to the requested shut off, which must be performed by the District.  The District requires inspection of repairs made to a Customer Service Line or replacement of any portion of the Customer Service Line where such repairs come into contact with the District’s Point of Delivery.

4.10    Corrective Action:  If the District determines that correction action is needed on facilities which are the Customer’s responsibility to maintain, the District shall serve the customer with written notice and allow a reasonable time for satisfactory correction.  Failure to take corrective action within the stated time may result in the discontinuance of water service.  If the District finds it necessary in the interest of immediate public health and safety, the District may discontinue service without written notice or perform work on said facilities.  The costs and expenses incurred for notification, discontinuance of service, and/or other remedial work by the District shall be paid by the Customer.

5. POINTS OF SERVICE: QUANTITY, SIZE AND LOCATION OF WATER METERS

5.1      Water Service Billing:  Billing for water service is defined in Section 7.

5.2      Quantity of Metering Devices:  The number of metering devices required shall be determined by and is at the sole discretion of the District.  Where site or water system constraints warrant, the District may require or allow a different number of meters for each parcel.  Each residence shall be served by a single Water Service Connection,  except as follows:

5.2.1   Private Fire Hydrants:  Parcels served by a private fire hydrant shall be       served by a separate fire service connection and fire service meter in addition to          the residential meter.

5.2.2   Fire Suppression System:  Parcels with a Fire Suppression System (sprinklers) are not required to have a separate Water Service Connection.  If a separate Water Service Connection is used to supply the Fire Suppression System, that Water Service Connection will be metered.

5.3      Location of Metering Devices:  The location of metering devices shall be determined by and is at the sole discretion of the District.  In general, the water meter will be located within the County’s easement or on the customer’s property as near as practical to the property line of the parcel being served (see Figure1), except as follows:

5.3.1   Private Fire Protection Service Meter:  If a line is required for a private fire protection service, such meter shall be located adjacent to the residential water service meter.

5.3.2   Site or Water System Constraints:  Where site or water system constraints             warrant, the District may require or allow a different location for meters than required above.

5.4      Size:  The water service and meter size shall be subject to the approval of the District.  Service size shall be reasonable and appropriate for the usage being served and shall be according to industry standards.  The minimum service size shall be 3/4 inch.

5.5      Prohibition Against Unauthorized Connection:  A water service connection and water meter shall not be used to supply an adjoining parcel for any purpose or for a second residence on the same parcel, unless specifically approved by the District in writing.

5.6      Parcel Division:  If a parcel provided with a water service connection and meter is later divided, the water service connection and meter shall belong to the parcel which it directly serves.  The owner of a parcel left with no water service as a result of the division must obtain water service in accordance with this Ordinance.

5.7     Shared Meter: A water service connection and water meter shall not be used to supply more than one customer or two parcels for any purpose, unless specifically approved by the District in writing. Each parcel will represent a separate service and be billed independently according to Section 7.

6. CROSS-CONNECTION CONTROL:

6.1      Purpose of Cross-Connection Control:  The purpose of the cross-connection  control is to protect the public water supply system from contamination due to potential or actual cross-connections.  This shall be accomplished by the establishment of a cross-connection control program as required by State regulations.  The District originally adopted a Cross-Connection Control Ordinance 2008-01, which became effective May 1, 2008, pursuant to Title 17, section 7583-7605, inclusive, of the California Code of Regulations, entitled, “Regulations Relating to Cross-Connections.”

6.2      Responsibility:  An Administrator appointed by the District will be responsible for implementing and enforcing the cross-connection control program.  An appropriate backflow prevention assembly shall be installed by and at the expense of the Customer at each user connection where required to prevent backflow from the water user’s premises to the domestic water system.  It shall be the Customer’s responsibility to comply with the District’s requirements for installation, maintenance and inspection of the assembly.

6.3      Cross-Connection Protection Requirements:  State law prohibits unprotected cross-connections with the public water supply.  All Customers served by the District were required to install a cross-connection protection device by August 1, 2008, or as soon as any device such as a hot tub, boiler, or lawn sprinkler, is installed by a property-owner, as required by Title 17, California Code of Regulations, section 7604.

6.4      Cross-Connection Assemblies (Backflow Assemblies):  The type of protection that shall be provided to prevent backflow into the public water system shall be commensurate with the degree of hazard, actual or potential, that exists on the Customer’s premises.  The type of backflow prevention assembly that may be required (listed in decreasing level of protection) includes:  Air-gap separation (AG), Reduced Pressure Principle Backflow Prevention Assembly (RP), and a Double Check Valve Assembly (DC).  The Customer may choose a higher level of protection than required by the District.  Installation of Backflow Assemblies is at the Customer’s expense.

6.5      Inspection and Operational Testing:  The Customer is responsible to have certified inspections and operational tests conducted at the Customer’s expense at least once each year.  Backflow prevention assemblies must be tested at least annually and immediately after installation (new or seasonal), relocation or repair.  More frequent testing may be required if deemed necessary by the District.  No assembly shall be placed back in service unless it is functioning as required.   Only qualified testers shall conduct testing of backflow assemblies and testing will be the responsibility of the water user.  Location of the assemblies shall be as close as practical to the user’s connection.  The District shall have the final authority in determining the required location of a backflow prevention assembly if necessary.

6.6      Administration:  An Administrator appointed by the District will be responsible for the cross-connection control program.  Each year, the Customer will receive a certification of compliance form from the District.  All cross-connection protection devices must be tested annually by July 15, and the certification of compliance, together with test results, must be received by the District by August 1 of each year.

6.6.1  List of Approved Assemblies and Testers:  The District will establish and                 maintain a list of approved backflow prevention assemblies as well as a                      list of approved backflow prevention assembly testers.

6.6.2   Certification of Compliance:  If the Customer believes that the property                    does not need a cross-connection device, the Customer must submit a                    certification of compliance signed by the property owner under penalty of                perjury that such device is not needed.  Such forms must be received by                the District by August 1.

6.6.3   District Determination of Need for Cross-Connection Protection:  The                      District shall conduct necessary surveys of water user premises to                        evaluate the degree of potential health hazards.  Notwithstanding the                      Customer’s certification that a cross-connection protection device is not                  needed, should the District determine that a cross-connection protection                       device is required, the Customer will be notified to bring the property into                compliance within 90 days from the date of notice.

6.7      Water Service Termination:  When the District encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the procedure for termination water service shall be instituted.  Conditions or water uses that create a basis for water service termination shall include, but not limited to, the following:

6.7.1:  Direct or indirect connection between the public water system and a sewer                        line.

6.7.2:  Unprotected direct or indirect connection between the public water system                         and a system or equipment containing contaminants.

6.7.3   Unprotected direct or indirect connection between the public water system             and an auxiliary water system.

For conditions listed above, the District shall take the following steps:

1. Mail a 15-day notice to the Customer at his/her address of record, to           advise the Customer of the intent to terminate water service unless           the      property is brought into compliance.

2. Terminate water service and lock the service valve.  The water service                    shall remain inactive until correction of violations has been approved by                          the District.

7. WATER SERVICE AND SNOW REMOVAL RATES AND CHARGES

7.1      Billing Period:  Water service charges and snow removal charges will be determined and billed on a quarterly basis. Water service charges shall consist of a base charge, a consumption charge, and other charges and adjustments as may be appropriate to that particular Customer. Water base and consumption charges are billed in arrears based on consumption determined by quarterly water meter readings previous to the billing date.  The District shall make reasonable efforts to read water meters within 5 days before or after the 23rd day of each month, although billings will be quarterly.  The purpose of the monthly reading is to detect leaks, and the District will alert its Customer if the Customer’s water usage is beyond the norm for that month.  If meter readings cannot be obtained for any reason, the District will estimate consumption based on the previous year’s same quarter consumption, if available.  If not available, the District will estimate consumption using a reasonable method based on all available data.

7.2      Billing Date:  Water service and snow removal bills will be issued on the first day of each quarter (the billing date) and shall be due and payable upon presentation.

7.3      Delinquency Date:  Water service and snow removal charges shall become delinquent on the 30th day following the billing date and, if not paid in full on or before such date, the amount thereof or the unpaid balance shall be deemed delinquent and become subject to the penalty, interest, and finance charges set forth in Schedule B.

7.4      Water Service Charges:  Charges for water service are calculated as follows:  base charges, consumption charges, plus any other fees, special assessments, or penalties, minus any Board-approved adjustments.  Each Point of Delivery shall be billed as a separate water service connection with water service charges calculated independently.

7.5      Base Charges:  Each water service shall be charged a quarterly base rate set forth in Schedule A.  Snow removal service charges are charged on a quarterly basis year-round, as set forth in Schedule A.

7.6      Consumption Charges:  Each water service connection shall be charged based on service classification for quarterly water consumption in accordance with Schedule A of this Ordinance.

7.7      Monitoring of Private Fire Service Connections and Private Fire Hydrants:  All meters on Private Fire Service Connections (if on its own line) and Private Fire Hydrants  will be monitored for usage.  If usage is found, the Customer will be subject to fees set forth in Schedules A and B.

7.8      Other Service Charges:  Other service charges include other charges, assessments, fees, or penalties set forth in Schedule B.

7.9      Adjustment of Charges:  Adjustments may be made to water service and snow removal charges at the discretion of the Board, upon petition by the Customer to the quarterly billing within 30 days of that bill.  Any adjustments will be credited or added to the next quarterly billing.

7.10    Reasons for Adjustment:  The Board may adjust billings for the following reasons:  upon change of use or users or a dispute as to a fee, penalty or charge.  Any request for adjustment must be made in writing within 30 days of the billing which is in dispute, and must specify the  grounds for an adjustment.

7.11    Change in Amount, Type or Classification of Use of Water:  Customers who wish to make any material change in the amount, type or classification of use of water supplied by the District, or the location of use, shall submit an application to the District in accordance with section 2.5 of this Ordinance.

7.12    Person(s) Responsible for Payment:  All charges, fees, and amounts due and payable shall be billed to the owner(s) of the property, whether or not the owner is the occupant.  For the purposes of this Ordinance, determination of the lot or parcel ownership shall be based upon the latest available records of the Assessor’s Office of Placer County.  Each owner of a property is jointly and severally liable for all District charges and fees.

7.13    New Connections:  Upon connection to the District water system, the applicable water service charges shall commence on the day following the water service connection.

7.14    Transfer of Ownership:  Upon ten (10) days prior notification of pending sale or transfer of a property, the District will obtain a final water meter consumption reading on the date specified by the title company.  Final billing will be calculated as a prorated base charge and consumption based on the final meter reading and will be due at closeout of transfer. Snow removal fees will be prorated to the date specified by the title company. The new owner(s) will be billed for the remainder of the pro-rated base charge and consumption beginning with the date of the final meter reading.  Administrative fees will be added to seller’s and purchaser’s billing in accordance with the current District Fee Schedule set forth in Schedules A and B.  Upon transfer of ownership of a property, the fee for the installation of a water meter, if not yet paid in full, is due upon close of escrow.  Whether seller or buyer pays the transfer fee and/or water meter fees is a matter of negotiation between the parties.

7.15    Disconnection:  When requested in writing by the Customer, water service charges shall be discontinued only upon the physical disconnection from the water system as performed by the District and as further defined in Section 8 of this Ordinance.  Fees set forth in Schedule B will apply.

7.16    Finance Charge:  Any person or entity whose account becomes delinquent shall be assessed a Finance Charge set forth in Schedule B.

7.17    Monthly Penalty:  Any person or entity whose account becomes delinquent shall also be assessed an additional monthly penalty for each month in which the account remains delinquent, as set forth in Schedule B.

7.18    Collection of Penalties:  Additions of penalties, interest or finance charges shall not be in lieu of or exclude any other means of collection or enforcement of District charges as may be provided by District ordinances or resolutions or the laws of the State of California, as set forth in Schedule B.

7.19    Payment Collection:  Remedies for collection or enforcing payment of water service charges, connection fees, snow removal fees, and other charges set forth in this Ordinance are cumulative and any and all may be used alternatively, none being exclusive of any other, and the District may resort to any other remedies or relief allowed by law or equity, as set froth in Schedules A and B.

7.20    Non-payment:  Upon non-payment to the District of the applicable water and snow removal service rates and charges, the District will take necessary actions to collect such unpaid amounts, including interest and/or penalties and finance charges thereon, including imposing a lien upon the parcel, and any measure authorized by law, including, without limitation, use of the provisions set forth in the California Public Utilities Code Sections 16469 through 16472.1, et seq., as set forth in Schedule B.

7.21    Enforcement:  Delinquent charges together with penalties, interest and finance charges may be collected by an action in a court of competent jurisdiction against the person or entity responsible for payment or the owner of the property to whom such service or services were provided or performed.

7.22    Lien:  The District may impose a lien against the parcel of any Customer who fails to pay the applicable water and snow rates and charges.  The amount of the lien shall include interest at 1.5% per month on the delinquent amount; any penalties, administrative and/or legal fees; and charges to impose a lien against the parcel.  The District may use any collection measure authorized by law, including, without limitation, the provisions set forth in California Public Utilities Code section 16469.  Liens are filed yearly.

7.23    Attorney Fees:  In the event of litigation, reasonable attorney fees and court costs may be recovered by the prevailing party.

7.24    Discontinuance of Service:  No collection measures, lien or litigation shall preclude or prevent the District from terminating water service as permitted by law.

7.25    Termination of Service for Non-payment:  Without prejudice to any other right, remedies, or relief given or granted to the District, the District may also terminate water service for non-payment of delinquent service charges, penalties, interest and finance charges.

7.27    Administrative Fees for Violations:  Any Customer not complying with this Ordinance shall be subject to administrative fees in accordance with the fees set forth in Schedule B.

8. ENFORCEMENT OF ORDINANCES, RESOLUTIONS, AND RULES:

8.1      Authority of Board:  The Board of Directors is hereby charged with the interpretation, regulation and enforcement of the provisions of this Ordinance, District Resolutions and rules.  The Board of Directors shall make and enforce such ordinances, resolutions and rules as may be necessary for the safe, economical and efficient operation, management and protection of the District system, and such policies, rules and ordinances as may be necessary for the regulation, collection, rebating and refunding of such rates or service charges.

8.2      Violations:  In the event of a violation of any of the laws of the State of California applicable to water service or publicly owned and operated water systems and facilities, District ordinances, resolutions or policies established thereby, the Board shall notify the person or persons causing, allowing or committing the violation in writing, specifying the violation.  Upon the failure of such person to cease or prevent further violation within ten  (10) days after deposit of the notice in the United States Post Office, Tahoe City, California, the Board shall exercise its authority to disconnect the premises from the system.

8.3      Discontinuance of Service:  Service may be discontinued for any of the following conditions and a disconnection fee shall be charged set forth in Schedule B:

• 3.1 Delinquency: Delinquency in the payment of any bill.

• 3.2 Maintenance:  Failure of the Customer to maintain Customer’s premises in            a suitable condition to prevent waste of water.

• 3.3 Cross-Connection: The provision for or maintenance of any unprotected    actual or potential cross-connection or the lack of adequate backflow   protection or maintenance of backflow prevention devices.
• 3.4 Violation: Failure to comply with this Ordinance or any District resolution,    policy, or  rules for the installation, inspection, or operation of water    facilities or payment of water services.

• 3.5 Owner Request: Where a structure will be removed or remodeled and        service will be discontinued for at least 90 days, or where a water service         will be permanently removed for any reason, the Customer must give 10    days written notice to terminate or discontinue services.  In either case,   the District will discontinue service by physically disconnecting (cutting        and capping) the Service Extension.  Water service fees will be   discontinued as of the date of disconnection.

8.4      Reconnection Fee:  If water service is turned off for any reason, a reconnection fee set forth in Schedule B, must be paid prior to restoration of service.

8.5      Right of Entry by District:  Authorized representatives of the District may enter upon the private property of any person within the jurisdiction of the District in order to investigate possible violations of an ordinance of the district.  The investigation shall be made with the consent of the owner or tenant of the property or, if consent is refused, with a warrant duly issued pursuant to the procedures set forth in Title 13, commencing with section 1822.50 of Part 3 of the Code of Civil Procedure.

9. APPEALS

9.1      Appeal Procedure:  Any person who is dissatisfied with any determination made under this Ordinance may at any time within thirty (30) days after such determination, appeal to the Board of Directors by giving written notice to the Board setting forth the determination with which such person is dissatisfied.

9.2      Investigation of Appeal:  The Board or its designee shall investigate and report to the Board on the matter being appealed.  The Board shall cause ten (10) days written notice to be given to all persons affected by the appeal prior to the time fixed for hearing the appeal.  The Board may revise or amend any part of its original determination or determine that its original determination was correct.

9.3      Refunds:  All District charges shall be paid in full pending the appeal and decision of the Board of Directors.  In the event that the Board determines that the charge was wrongfully made, a refund shall be promptly issued.

10. SEVERABILITY

10.1    Severability:  If any section, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof.  The Board hereby declares that it would have passed each section, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, sentences, clauses or phases be declared invalid.

10.2    Headings:  The headings and subheadings in this ordinance are intended only for ease of use and are not intended to be content.