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Best Practices for Sanitary Sewer Overflow (SSO) Prevention and Response Plan
The formula used to develop Table A measures the maximum height of the water coming out of the maintenance hole above the rim. The formula was taken from hydraulics and its application by A.H. Gibson (Constable & Co. Limited).
Example Overflow Estimation:
The maintenance hole cover is unseated and slightly elevated on a 24” casting.
The maximum height of the discharge above the rim is 5 ¼ inches. According to Table A, these conditions would yield an SSO of 185 gallons per minute.
This sanitary sewer overflow drawing wa s developed by Debbie Myers, Principal Engineering Technician, for Ed Euyen, Civil Engineer, P.E. No. 33955, California, of County Sanitation District 1.
FLOW OUT OF M/H WITH COVER IN PLACE
Height to be measured
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Best Practices for Sanitary Sewer Overflow (SSO) Prevention and Response Plan
Disclaimer:
This sanitary sewer overflow table was developed by Ed Euyen, Civil Engineer, P.E. No. 33955, California, for County Sanitation District 1. This table is provided as an example. Other Agencies may want to develop their own estimating tables.
TABLE 'B'
ESTIMATED SSO FLOW OUT OF M/H WITH COVER REMOVED
24" FRAME 36" FRAME
Water Min. Sewer Water Min. Sewer
Height above S S O FLOW size in which Height above S S O FLOW size in which M/H frame Q these flows M/H frame Q these flows
H in inches in gpm in MGD are possible H in inches in gpm in MGD are possible 1/8 28 0.04 1/8 49 0.07
1/4 62 0.09 1/4 111 0.16
3/8 111 0.16 3/8 187 0.27 6"
1/2 160 0.23 1/2 271 0.39
5/8 215 0.31 6" 5/8 361 0.52 8"
3/4 354 0.51 8" 3/4 458 0.66
7/8 569 0.82 10" 7/8 556 0.8 10"
1 799 1.15 12" 1 660 0.95 12"
1 1/8 1,035 1.49 1 1/8 1,035 1.49
1 1/4 1,340 1.93 15" 1 1/4 1,486 2.14 15"
1 3/8 1,660 2.39 1 3/8 1,951 2.81
1 1/2 1,986 2.86 1 1/2 2,424 3.49 18"
1 5/8 2,396 3.45 18" 1 5/8 2,903 4.18
1 3/4 2,799 4.03 1 3/4 3,382 4.87
1 7/8 3,132 4.51 1 7/8 3,917 5.64 21"
2 3,444 4.96 21" 2 4,458 6.42
2 1/8 3,750 5.4 2 1/8 5,000 7.2 24"
2 1/4 3,986 5.74 2 1/4 5,556 8
2 3/8 4,215 6.07 2 3/8 6,118 8.81
2 1/2 4,437 6.39 2 1/2 6,764 9.74
2 5/8 4,569 6.58 24" 2 5/8 7,403 10.66
2 3/4 4,687 6.75 2 3/4 7,972 11.48 30"
2 7/8 4,799 6.91 2 7/8 8,521 12.27
3 4,910 7.07 3 9,062 13.05
3 1/8 9,604 13.83
3 1/4 10,139 14.6
3 3/8 10,625 15.3 36"
3 1/2 11,097 15.98
3 5/8 11,569 16.66
3 3/4 12,035 17.33
3 7/8 12,486 17.98
4 12,861 18.52
4 1/8 13,076 18.83
4 1/4 13,285 19.13
4 3/8 13,486 19.42
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Best Practices for Sanitary Sewer Overflow (SSO) Prevention and Response Plan
The formula used to develop Table B for estimating SSO’s out of maintenance holes without covers is based on discharge over curved weir -- bell mouth spillways for 2” to 12” diameter pipes. The formula was taken from hydraulics and its application by A.H. Gibson (Constable & Co. Limited).
Example Overflow Estimation:
The maintenance hole cover is off and the flow coming out of a 36” frame maintenance hole at one inch (1”) height will be approximately 660 gallons per minute.
This sanitary sewer overflow drawing was developed by Debbie Myers, Principal Engineering Technician, for Ed Euyen, Civil Engineer, P.E. No. 33955, California, of County Sanitation District 1.
FLOW OUT OF M/H WITH COVER REMOVED (TABLE "B")
Height to be measured
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Note
: This chart is based on a 7/8 inch diameter pick hole
Disclaimer: This sanitary sewer overflow table was developed by Ed Euyen, Civil Engineer, P.E. No. 33955, California, for County Sanitation District 1. This table is provided as an example. Other Agencies may want to develop their own estimating tables.
TABLE 'C'
ESTIMATED SSO FLOW OUT OF M/H PICK HOLE
Height of SSO Height of SSO
spout above FLOW spout above FLOW
M/H cover Q M/H cover Q
H in inches in gpm H in inches in gpm
1/8 1.0 5 1/8 6.2
1/4 1.4 5 1/4 6.3
3/8 1.7 5 3/8 6.3
1/2 1.9 5 1/2 6.4
5/8 2.2 5 5/8 6.5
3/4 2.4 5 3/4 6.6
7/8 2.6 5 7/8 6.6
1 2.7 6 6.7
1 1/8 2.9 6 1/8 6.8
1 1/4 3.1 6 1/4 6.8
1 3/8 3.2 6 3/8 6.9 Unrestrained
1 1/2 3.4 6 1/2 7.0 M/H cover will
1 5/8 3.5 6 5/8 7.0 start to lift
1 3/4 3.6 6 3/4 7.1
1 7/8 3.7 6 7/8 7.2
2 3.9 7 7.2
2 1/8 4.0 7 1/8 7.3
2 1/4 4.1 7 1/4 7.4
2 3/8 4.2 7 3/8 7.4
2 1/2 4.3 7 1/2 7.5
2 5/8 4.4 7 5/8 7.6
2 3/4 4.5 7 3/4 7.6
2 7/8 4.6 7 7/8 7.7
3 4.7 8 7.7
3 1/8 4.8 8 1/8 7.8
3 1/4 4.9 8 1/4 7.9
3 3/8 5.0 8 3/8 7.9
3 1/2 5.1 8 1/2 8.0
3 5/8 5.2 8 5/8 8.0
3 3/4 5.3 8 3/4 8.1
3 7/8 5.4 8 7/8 8.1
4 5.5 9 8.2
4 1/8 5.6 9 1/8 8.3
4 1/4 5.6 9 1/4 8.3
4 3/8 5.7 9 3/8 8.4
4 1/2 5.8 9 1/2 8.4
4 5/8 5.9 9 5/8 8.5
4 3/4 6.0 9 3/4 8.5
4 7/8 6.0 9 7/8 8.6
5 6.1 10 8.7
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Best Practices for Sanitary Sewer Overflow (SSO) Prevention and Response Plan
The formula used to develop Table C is Q=CcVA, where Q is equal to the quantity of the flow in gallons per minute, Cc is equal to the coefficient of contraction (.63), V is equal to the velocity of the overflow, and A is equal to the area of the pick hole.
2 If all units are in feet, the quantity will be calculated in cubic feet per second, which when multiplied by 448.8 will give the answer in gallons per minute. (One cubic foot per second is equal to 448.8 gallons per minute, hence this conversion method).
Example Overflow Estimation:
The maintenance hole cover is in place and the height of water coming out of the pick hole seven-eighths of an inch in diameter (7/8") is 3 inches (3”). This will produce an SSO flow of approximately 4.7 gallons per minute.
This sanitary sewer overflow drawing was developed by Debbie Myers, Principal Engineering Technician, for Ed Euyen, Civil Engineer, P.E. No. 33955, California, of County Sanitation District 1.
2 Velocity for the purposes of this formula is calculated by using the formula h = v squared / 2G, where h is equal to the height of the overflow, v is equal to velocity, and G is equal to the acceleration of gravity.
FLOW OUT OF VENT OR PICK HOLE (TABLE "C")
Height to be measured
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Flow Estimation Pictures
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REVISION 2.0 (04/23) 29
Appendix E
(Drainage Map)
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APPENDIX D
CITY OF SANT A ANA MUNICIP AL CODE
CHAPTER 39
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PART II - THE CODE
Chapter 39 WATER AND SEWERS
Santa Ana, California, Code of Ordinances Created: 2025-01-29 11:22:15 [EST] (Supp. No. 30)
Chapter 39 WATER AND SEWERS
ARTICLE I. IN GENERAL1
Sec. 39-1. Water and sewer service outside city limit.
Except as provided by this chapter, no water or sewer service shall be made with the water or the sewer systems of the city for the rendering of service in any area not within the city limits, and no service to any area within the city limits shall provide water or sewer service to any area outside of the city limits, even though such areas outside the city limits may stand of record as owned by the same person or persons receiving water or sewer service on adjacent land within the city limits. The record owner of any parcel of land adjacent to the city's boundaries who desires to obtain water or sewer service shall make a request to the director of public works for such service and agree to execute with the city a legally binding agreement or contract in co mpliance with all conditions of water and sewer service in this chapter, California Government Code section 56133, and the rules of the Orange County Local Agency Formation Commission. Parcels adjacent to the city's boundaries that are being served by the city water or sewer systems at the time of adoption of this ordinance shall, by December 31, 2018, request and execute with the city a similarly compliant agreement for continued service. Failure to complete a water or sewer service agreement may result in the discontinuation of the sewer or water service. (Ord. No. NS-2921, 3, 8-1-17)
Sec. 39-2. Water and sewer systems development impact fees.
Development impact fee(s) shall be imposed on development project(s) that require water and or sewer facilities necessary to accommodate growth resulting from the development(s). Development impact fee(s) may be established by ordinance or resolution of the city council in compliance with California Government Code section 66000 et seq.
(Ord. No. NS-2921, 3, 8-1-17)
Sec. 39-3. Water and sewer systems design standards.
(a) All water system distribution, storage, and treatment system components, combined as one (1) functional unit or system or individually, regardless of ownership and location, that connect to the city's domestic water system, directly or indirectly, shall be designed, constructed, and inspected in accordance with this Code, the city standard plans, the latest edition of the Standard Specifications for Public Works Construction (Green Book), the American Water Works Association Standards, and the California Waterworks Standards. (b) All sewer mains, laterals, manholes, lift stations, and other sewer system appurtenances, regardless of location and ownership, that connect to the city's sewer collection system, directly or i ndirectly, shall be
1Ord. No. NS-2921, 2, adopted August 1, 2017, repealed art. I, §§ 39-1—39-3, in its entirety; and § 3 enacted a new art. I, to read as set out herein. Former art. I pertained to similar subject matter, and was derived from Code 1952, §§ 7504—7506; Ord. No. NS-465, § 1, 9-6-60 and Ord. No. NS-505, § 1, adopted February 20, 1961.
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designed, constructed, and inspected in accordance with this Code, the city standard plans, and the latest edition of the Standard Specifications for Public Works Construction (Green Book). (Ord. No. NS-2921, 3, 8-1-17)
Sec. 39-4. Charges, fees, and deposits.
All charges, fees, and deposits in this chapter shall be adjusted from time to time and established by the city council by resolution and as applicable shall be specified by the city's miscellaneous fee schedule. (Ord. No. NS-2921, 3, 8-1-17)
Sec. 39-5. Private water and sewer lines.
(a) Water distribution lines and sewer collection lines constructed in private streets or in local streets not meeting the design criteria established by the director of public works shall be designated as pri vate lines. It is the sole responsibility of the owner to operate and maintain the private water distribution lines, including without limitation all routine and emergency repairs, operation, and upkeep of all above ground appurtenances and underground valves, fittings, pipes, and service connections up to and including the meter curb stop. It is the sole responsibility of the owner to operate and maintain the private sewer collection lines, including without limitation all routine and emergency repairs, op eration, and upkeep of sewer manholes and sewerage lift pumps.
(b) The private line owner's responsibility starts at the property line of the development served. Before construction, engineering plans for the construction of private lines must be submitte d to the public works agency and the planning and building agency for review and approval in a manner consistent with the city's water and sewer systems design standards as described in section 39-3. Private water lines not constructed in conformance with these standards will be declared unapproved water systems requiring a higher degree of protection against cross-connection. Looped water lines must be protected against backflow at each connection to the city's public water system.
(c) Any modifications to private lines and their appurtenances shall be performed in accordance with the city's standard plans and the California Waterworks Standards. This includes without limitation the renewal, addition, or removal of service connections. All work must be permitted by the public works agency and the planning and building agency. Private water lines with non-conforming modifications will be declared unapproved water systems requiring a higher degree of protection against cross -connection than a reduced pressure principle assembly. Upon completion of the project, and prior to gaining occupancy permits to any of the units served with water and sewer, as-built plans stamped by an engineer licensed by the state must be submitted and approved by the public works agency.
(d) The city shall require the installation of a water meter in accordance with section 39 -23(b) on every service connection to each dwelling unit, irrigation system, common area amenity, and individual commercial unit tapped from the private water line. The city will be responsible for the maintenance of the water meters, including meter reading, meter testing, meter repair, and replacement. To maintain, inspect, test, and read the public water meters, both an access easement to the development and a maintenance easement, confined to the water service meter box, shall be granted to the city by the private property served. (e) The allowance or permitting by the city of private water lines shall not in any way authorize the owner or private entity to resell water for profit within the city. (Ord. No. NS-2921, 3, 8-1-17)
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Secs. 39-6—39-14. Reserved.
ARTICLE II. WATER2
Sec. 39-15. Definitions.
As used in this article:
Afterhours means that period of time allotted by the finance director for the performance of unschedul ed water service turn on or turn off, occurring after the regularly established hours for the performance of scheduled water service turn on or turn off, as set by the director of finance.
Agency means public works agency, City of Santa Ana.
Applicant means an individual, partnership, association, corporation, receivership, trust, trusteeship, or agency of government, or other legal entity recognized by the laws of the state or of the United States applying for water service.
Backflow preventer means an approved device or means to prevent backflow into the city's potable water system.
Common area amenities means areas within residential, commercial, or industrial developments for the common use of residents or workers managed by the owner or his agent, including but not limited to, rental offices, club houses, picnic areas, drinking fountains or filling stations, exercise rooms, and swimming pools.
City means the City of Santa Ana.
Cost means charges and/or fees which include the cost to the city of labor, materials, equipment, and overhead.
Customer means an individual, partnership, association, corporation, receivership, trust, trusteeship, or an agency of government or other legal entity recognized by the laws of the state or of the United States receiving water service.
Date of presentation means the date upon which a bill or notice is mailed to the customer at their mailing address of record, or in the event that a customer has signed up for electronic billing, the date upon which electronic notice is given to the customer at their electronic mailing address of record.
Director of finance or finance director means the chief administrative officer of the department of finance and management services or his authorized designee.
2Ord. No. NS-2921, 4, adopted August 1, 2017, repealed art. II, §§ 39-15—39-46, in its entirety; and § 5 enacted a new art. II, to read as set out herein. Former art. II pertained to similar subject material, and was derived from Code 1952, §§ 7400—7416, 7418, 7419; Ord. No. NS-936, § 2, adopted September 16, 1968; Ord. No.
NS-1084, § 1, adopted June 21, 1971; Ord. No. NS-1238, § 1, adopted November 18, 1974; Ord. No. NS-1624, § 1, adopted April 5, 1982; Ord. No. NS-2005, § 1, adopted May 1, 1989; Ord. No. NS-2045, §§ 1—11, adopted December 4, 1989; Ord. No. NS-2233, § 1, adopted September 19, 1994.
Cross reference(s)—Water pollution control, § 18-151 et seq.; draining water onto streets, abandoned wells to be capped, 10-1, § 18-17.
State law reference(s)—For powers of city respecting water supply, see § 38742, Gov. Code.
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Director of public works means the chief administrative officer of the public works agency, City of Santa Ana, or his authorized designee.
Department of public works or public works department means the public works agency.
Department of finance or finance department means the finance and management services agency.
Fee means the amount established by resolution of the city council which is intended solely to cover the reasonable administrative costs (time, materials, overhead) incurred in performing any specified act on behalf of any person or at any person's request for which said person shall be liable.
Gender pronouns: The masculine includes the feminine and neutral genders.
Greywater means untreated wastewater that has not been contaminated by any toilet discharge; has not been affected by infectious, contaminated, or unhealthy bodily wastes; and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Greywater include s, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers, or as otherwise defined by the California Health and Safety Code.
Main means the distribution pipe line located in a street, highway, public easement, or private right -of-way which is used to serve the general public.
Master meter means a meter, read by the city, that measures water usage for an entire property or structure, which may include common areas.
Meter means any suitable water measuring device or facility which measures or determines the volumetric flow of water.
Multi-family dwelling/accommodation means an apartment building, apartment house, condominium complex, or any other group of residential units located upon a single premises, including mobile home parks, providing the residential units therein meet the requirements for a single family accommodation. Hotels or motels consisting primarily of guest rooms and/or transient accommodations are not classified as multifamily accommodations.
Municipal utility services account/billing statement means the consolidated account and/or billing statement to which refuse service charges, sanitation service charges, sewerage service charges and other sewerage related charges and fees, water commodity consumption charges, and other related water service charges and fees (including fire line service charges), together with corresponding penalties, as applicable, shall accrue and/or are stated.
Parcel means a division of land as shown in the Orange County Assessor's Book.
Person means an individual, partnership, association, corporation or an agency of any governmental organization, receivership, trust, trusteeship, or other legal entity recognized by the laws of the state or of the United States.
Premises or service address means the integral property or area, including improvements thereon, to which water service is provided or for which an application for water service is filed.
Private fire protection service means provision of stand-by readiness to serve water to premises through a separate fire service line connection for fire protection only, such fire service lines to be connected to automatic sprinkling system, hose attachments, or hydrants.
Property owner or owner means the record owner of real property, as shown on the most recently issued equalized assessment roll.
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Recycled water means treated wastewater supplied by Orange County Water District from the G reen Acres Project, or treated wastewater of comparable quality from such other water recycling system as the city shall designate.
Service area means all area within the city limits and the area served outside the city limits.
Service charge or service related charge shall mean any commodity consumption cost, whether measured by consumption or volume or whether applied as a pass-through adjustment rate, or any fixed amount or variable schedule of amounts authorized herein or authorized elsewhere in this chapter or Code relating to refuse, sanitation, sewerage, and water (including fire line service), as established by resolution of the city council.
Submeter means a device that measures water consumption of an individual unit within a multiunit residential structure or mixed-use residential and commercial structure, and that is owned and operated by the owner of the structure or the owner's agent.
Temporary service means a water service through a city-owned fire hydrant for special outdoor events, fairs, construction work, irrigation of vacant property, and similar uses which, because of their nature, will not be permanent.
Tenant improvement means changes made to the interior and exterior of a commercial or industrial property to accommodate the needs of tenants, including but not limited to, partitions, air conditioning, electrical, plumbing, fire protection, and security.
Theft of water means the taking of water from any city water main, hydrant, service, or facility without a meter or the written permission of the city in the form of a permit or application as provided for in the provisions of this article.
Unit of water means one hundred (100) cubic feet.
Water facilities means water distribution and treatment components, individually or as a whole, operating to provide storage, flow, and pressurized domestic water. The following components make up water facilities: wells, reservoirs, pipelines, system valves, control valves, fire hydrants, interties, disinfection treatment, instrumentation and controls, power distribution, and supervisory control and data acquisition system.
Water service means the tapping connection, pipe, valves, and other facilities by means of which water is conducted from the main water line, whether public or privately owned, to the meter. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-16. Application for turning on water and transfer of responsibility. (a) Procedures; registration fee. An application to have water turned on or to transfer responsibility for water charges shall be made to the finance department of the city in conformance with the procedures established by the director of finance. A "registration fee" for the administrative cost therefore shall be made; provided, however, that the reversion of responsibility for water charges from a tenant to a previously registered property owner or other customer possessing the legal right to act as a lessor, at the time of the termination of such tenant's tenancy, shall not constitute a new application for turning on water or transfer of responsibility for water charges and shall not be subject to the "registration fee." (b) Transfer of responsibility. Within the meaning of this chapter, a transfer of responsibility for water charges occurs when any of the following conditions are met:
(1) The owner or other customer possessing the legal right to act as a lessor, or his authorized agent, informs the department of finance that a tenant has assumed lawful control of the property or premises or that there has been a change of lawful tenants; al ternatively, the initial tenant or a new
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incoming tenant informs the department of finance that they have assumed lawful control of the property or premises.
(2) A lease or other rental agreement (signed by the owner or his authorized agent) is provided, clearly specifying that the named tenant shall be responsible for municipal utility services in tenant's own name. A triple-net lease or other written agreement obligating a tenant to pay charges for water services and other municipal utility services provided to the property or premises in the name of the owner or lessor shall not constitute a transfer in responsibility, and liability for the payment of water charges shall be deemed to remain with the owner or lessor. (c) Deposit. Each applicant, except for the property owner of record, shall make a water service deposit at the time of making an application for turning on water or transfer of responsibility in an amount as set forth by resolution of the city council. The deposit may be refunded or applied as an account credit if and when all municipal utility services account bills rendered have been paid before their delinquent date for a period of one (1) year.
(d) In the event occupant(s) of any property or premises having registered a municipal utility services account and transferred municipal utility services into their own name as tenant(s), pursuant to a lease or other rental agreement (signed by the owner or his authorized agent) clearly specifying that the named tenant(s) shall be responsible for municipal utility services in tenant(s)' own name, thereafter quit or otherwise vacate the premises, then responsibility for future charges shall revert to the municipal utility services account of the property owner.
(Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-17. Applications for new water service and change in service size or relocation. (a) Any person desiring to request a new water service or change the size or location of an existing water service shall make application to the agency for such addition or change. The agency, if in its judgment determines that the change in service size or location is advisable, will issue a permit authorizing the change. The agency reserves the right to make the final determination of the size of the service connection and its location. An applicant requesting the new water service or requesting the change in service size or location shall be liable for all costs. New locations and changes of the location or the size of water service must be built to city specifications by a private contractor, to be hired by applicant and inspected by city. (b) Meters for new water service, resized service, or relocated service shall be installed by the city. Fees for the service application, meter and installation shall be payable in advance prior to issuance of an occupancy permit.
(c) The city shall furnish the meters.
(d) The material used for the installation of new water service or change of the size or the location of water service shall conform to the water system design standards in accordance with section 39 -3(a). (e) Before new water service will be permitted by the city, the customer shall obtain any approval of facilities furnished or installed by customer, which may be required by the planning and building agency or the Orange County Fire Authority or any other authority whose approval is required by law. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-18. Facilities declared property of city; cost of repairs.
All facilities, including but not limited to water meters, meter boxes, fire hydrants and fittings installed by the city, shall remain at all times the property of the city. Where replacements, repairs, or adjustments of any facility
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are rendered necessary by the act, omission, or negligence of the customer or of any person occupying the premises with the consent of the customer, any expense incurred by the city shall be charged against and collected from the customer. If the customer fails to pay such fees, the water may be shut off until such fees a re paid. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-19. Water rates, service charges, fees and costs. (a) Water commodity consumption and service charges.
(1) Commodity charges. Quantitative consumption rates shall be charged in the amount which the city council shall establish by resolution and in accordance with applicable law. (2) Basic service charges. Charges shall be made for services rendered to provide and maintain a potable water supply and to provide standby readiness in the amounts established by and for the purposes described in the resolution adopted by the city council and in accordance with app licable law. (3) Multi-family per unit charge. Basic service charges shall be applied to developments that meet the definition of multi-family dwelling/accommodation where the individual units are not individually metered by the city.
(4) Private fire service protection charge (fire line charge). A charge shall be made for the service rendered to provide readiness to deliver relatively large quantities of water for short periods of time for on -site private fire protection and suppression systems in the amounts established by and for the purposes described in the resolution adopted by the city council and in accordance with applicable law. (b) Fees to establish water service. All applicants, prior to connecting to a water main or prior to an increase in size of an existing water meter or service, shall apply and obtain a permit to do so and pay the following fees in amounts as established by resolution of the city council. (1) New water service application fee — see section 39-17. (2) Water meter cost and installation fee — see section 39-17. (c) City is authorized to charge/levy the following administrative and other fees and deposits in an amount established by resolution of the city council:
(1) Meter turn on or meter turn off fee during weekdays for new water turn on services and delinquent accounts — see section 39-20(e).
(2) Afterhours turn on or turn off fee during afterhours and holidays for new water turn on services and delinquent accounts when requested by customer — see section 39-20(e). (3) Special investigation/meter reread fee when requested by customer or when meter was inaccessible at the time the routine meter read was attempted by the city — see section 39-20(c). (4) Meter removal fee or meter resetting fee (to re-install meter when meter was removed for non- payment or for violation of this Code) — see section 39-20(e). (5) Meter test fee (when requested by customer) — see section 39-21(a). (6) Temporary construction meter deposit — see section 39-24. (7) Temporary construction meter daily rental fee — see section 39-24. (8) Field collection fee — see section 39-20(j).
(9) Return payment service fee — see section 39-20(m).
(10) Fire flow test application fee — see section 39-28.
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(11) Fire flow test witness fee — see section 39-28.
(12) Backflow preventer third-and-final notice generation fee — see section 39-29(e). (13) Water service deposit — see section 39-16(c).
(14) Backflow device testing administrative fee — see section 39-29(e). (15) Registration fee — application for turning on water and transfer of responsibility — see section 39- 16(a).
(16) Tag fee — see Sec. 39-20(d).
(17) Removal of unauthorized "straight pipe" connections fee — see section 39-20(k). (18) In street cut-off (of water services) fee — see section 39-20(l). (19) Meter read trip fee — see section 39-20(e).
(20) Abstract of billing history fee — Whenever a customer of record or his agent requests a history of charges and/or fees billed to a municipal utility services account registered in th e name of the customer, an abstract of billing history shall be provided and an "abstract of billing history fee" shall be added to the customer's next regularly scheduled municipal utility services account/billing statement.
Whenever such request is made by a third party pursuant to customer's letter of authorization, the fee shall be payable in advance.
(Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-20. Payment of water bills and penalties; municipal utility services account/billing statement.
(a) Date payment due. Water commodity consumption charges, and related water service charges (including any fire line charges), and other fees and penalties shall be stated as part of a municipal utility services account/billing statement along with refuse related charges as established pursuant to section 16 -38, sanitation related charges as established pursuant to section 18-601 et seq., sewerage related charges as established pursuant to section 39.55.1 et seq., and all above related corresponding associated penalties, and are due and payable to the department of finance on the date of presentation and become delinquent thirty (30) days after the date of such presentation, except that when the 30th day falls on a weekend, city holiday, or city hall closure day, such bills shall be due on the next following city working day. Any charge for water supplied to any customer, or any related charges or fees (including fire line charges), together with any refuse service, sanitation service, sewerage service charges, fees, or penalties due to the city from such customer, or due from any person who has applied for water service, as herein provided for, shall be added to any billing being currently rendered to such person, and the same shall become a part of his current municipal utility services account/billing statement for water service and subject to all of the provisions of this chapter. Partial payments made upon municipal utility services account/billing statements shall be applied in the following order:
(1) Refuse service related charges,
(2) Sanitation related charges,
(3) Sewerage service related charges,
(4) Water service commodity consumption charges and related charges (including fire line service charges) and fees established pursuant to section 39-19, and
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(5) Corresponding penalties as provided respectively under sections 16-38(c), 18-603(b), 39-55.2(a), and 39-20(d).
(b) Failure of meter to register correctly. If a meter fails to register during any period, or is known to have registered inaccurately, the customer shall be charged for a seasonally adjusted average daily consumption for a period of similar duration determined when the meter was registering accurately. (c) Meter reread and meter investigation. When a meter box is inaccessible at the time the routine meter read was attempted by the city or when consumption occurs in connection with a previously turned off meter, or when a customer requests that the city verify the accuracy of the read as shown on the bill, the customer shall be charged a "special investigation/meter reread fee" as established by resolution of the city council for sending a field representative to the service address to investigate the meter and obtain a reading or rereading of the meter. If the reading or rereading shows that the previous read is in error, no special investigation/meter reread fee will be imposed; otherwise such charge shall be added to the customer's next regularly scheduled water bill.
(d) Penalties. A penalty of ten (10) percent shall be assessed on the unpaid balance of all unsatisfied municipal utility services account/billing statement charges, fees, and penalties thirty (30) days after the presentat ion date, in accordance with subsection (a). Thereafter, a past due notice shall be presented to the customer. On the next city working day following the seventh (7th) day after the date of presentation of the past due notice, the water service shall be subject to turn off at the premises. Two (2) days before the intended turn off of water service, a discontinuance of service notice for non-payment "turn-off tag" shall be affixed to the premises and a "tag fee" imposed for such notification service. Thereafter, service may be discontinued if the bill is not satisfied within the time required by such notice. Once turned off, water service shall remain off until all charges, penalties and fines have been paid, unless an application to have the water turned on is received accompanied by evidence satisfactory to the department of finance of change of ownership or change in tenants. Upon the receipt of such evidence, the application for turning on water or transfer of responsibility for water charges shall be processed as provided for in section 39-16. (e) Turn off and turn on of service. When the water has been turned off for non -payment or for the violation of any provision set forth in this code or any ordinance, regulation or requirement of the city, such wate r shall not be turned on again unless the violation has been corrected and all charges and penalties have been paid, unless the turn off is exempt from such payment by reason of change of person receiving service. A "meter turn on fee" and "meter turn off fee" shall be made for each separate trip to the premises for the purposes of turning on or turning off water service during weekdays for new water turn on services and delinquent accounts and whenever otherwise requested by customer; provided, however, th at turn on or turn off of water service during afterhours and holidays for new water turn on services and delinquent accounts when requested by customer, shall be subject to a special "after hours turn on or turn off fee" as established by resolution of the city council. After a water meter has been turned off for a period of seven (7) days, the meter may be removed from the service. A "meter removal fee" as established by resolution of the city council shall be made for the cost of meter removal. A "meter resetting fee" as established by resolution of the city council shall be made for the reinstallation of the meter and the turning on of the water. A "meter read trip fee" as established by resolution of the city council shall be payable for each trip to a customer's premises for the purposes of performing a meter read for closing out of service, or for start of service, or for transfer of responsibility for service. Fees as herein provided shall be added to the next water bill issued after date of turn off, turn on, special investigation/reread, meter resetting/reinstallation or other designated trip, provided the amount is not collected in advance of the turn off, turn on, special investigation/reread, meter resetting/reinstallation, or other designated trip. For the purposes of this article, the term "trip" shall not include the regularly scheduled routine reading of customers' meters. (f) Closing bill. Upon the rendering of the final bill for service, the city shall not refund any credit balance or deposit of less than one dollar ($1.00); any checks returned that cannot be delivered or are unclaimed shall be forfeited unless the applicant applies for refund within twelve (12) months.
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(g) Individual liability for joint service. Two (2) or more persons who join in one (1) application or contract for service shall be jointly and severally liable thereunder and shall be billed by means of a single periodic bill presented to the person designated in the application process to receive the bill. (h) Change of address. Water service shall not be given to any customer upon change of address until all delinquent charges owing thereon at a former place of residence or business have been paid. (i) Transfer of charges. When a customer maintains separate water service at multiple premises in the city under the same name or identity of ownership or tenancy, and water service has been discontinued at one (1) premises for non-payment, the department of finance may transfer the unpaid balance owing from the account to which service has been discontinued to any other account belonging to the customer for which water service remains ongoing.
(j) Field collection fee. When a representative of the city collects payment of delinquent charges owing from a customer or customer's agent in the field, in lieu of performing a turn off or removal of customer's meter, a "field collection fee" shall be applied and collected from the customer or his agent at the same time as all other delinquent charges and fees owing are collected.
(k) Removal of unauthorized "straight pipe" connections. Whenever a customer has connected to the city's water service through an unauthorized straight pipe connection, the city shall cause such connection to be removed and a "removal of unauthorized straight pipe connections fee" as established by resolution of the city council shall be made and billed to the customer.
(l) In street cut-off of water services. Whenever, in the discretion of the director of public works any customer's access to the water service must be physically severed by means of an in street cut-off of water service, whether due to authorized turn on of water service, or unauthorized straight pipe connection, or other violation of city code, an "in street cut-off fee" as established by resolution of the city council shall be made and billed to the customer.
(m) Any charge, fee, or deposit owing to the city which has been paid by an instrument such as a check or draft which is dishonored upon presentation for payment, shall be void and of no effect from its inception. The director of finance, may, in his discretion, withhold the effect of this provision if the instrument is redeemed within fifteen (15) days of its return. Payment of charges, fees, or deposits following a dishonor o f such instrument upon presentation for payment shall thereafter be made only by credit card, cashier's check, money order, or cash, which amount shall include any applicable penalty, as well as a "return payment service fee". The director of finance shall be authorized to reject payment other than by cash, cashier's check, or money order from such customer or such customer's agent for a period of two (2) years following any such dishonor.
(n) Water service commodity consumption charges and water related charges and fees established pursuant to section 39-19, and any corresponding penalties accrued for failure to make timely payment therefore pursuant to section 39-20 shall be a civil debt owing to the city. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-21. Testing of meters; leaks.
(a) A customer may request the agency to test the meter serving his premises. The customer shall be char ged a "meter test fee" to cover the cost of such test. The fee shall not be applied if the meter is found to register not more than two (2) percent fast. The customer shall have the right to observe the performance of the test, and a written report of the test will be given to him upon request.
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(b) When upon test, a meter is found to be registering more than two (2) percent fast, the city will refund to the customer the amount of the overcharge based on corrected meter readings for the period the meter was in use, but not exceeding a period of six (6) months.
(c) When upon test a meter two (2) inches or less in size is found to be registering more than twenty -five (25) percent slow, the city may bill the customer for the amount of the undercharge based upo n corrected meter readings, seasonally adjusted for the period the meter was in service, but not exceeding a period of four (4) months.
(d) When upon test a meter three (3) inches or larger in size is found to be registering more than five (5) percent slow, the city may bill the customer for the amount of the undercharge based upon corrected meter readings, seasonally adjusted for the period the meter was in service, but not exceeding a period of four (4) months.
(e) Customers are required to keep their plumbing pipes, service pipes, and all facilities on the customer's side of the meter in good order and are required, at their own expense, to locate and repair any leaks. It is not the city's responsibility to locate or repair any water facility on the cus tomer's side of the meter. No allowance will be made on a customer's bill for loss of water, once the water is delivered to the customer's side of the water meter.
(Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-22. Finance director; responsibility; administrative authority. (a) The director of finance shall have responsibility for administering the city's consolidated municipal utility services accounts (refuse and refuse related, sanitation and sanitation related, sewerage and sewerage related, and water and water related, including fire line service) as they correlate to account establishment and maintenance, billing, payment processing, collection, and customer service operations. (b) To efficiently and equitably implement the purpose and intent of the general provisions of this chapter subject to his administration, including those portions of chapters 16 and 18 relating respectively to refuse service charges and sanitation service charges in connection with municipal utility services accounts/billing statements, the director of finance may vary and adjust the strict procedural, billing, collection, enforcement, or other administrative requirements. In addition, the director of finance shall have the power, for good cause shown, to waive, abate, adjust, refund, or reduce any commodity consumption, charge, other charge, fee, or penalty imposed, or deposit demanded. The director of finance may in his discretion exercise this authority on a case-by-case basis in connection with any individual applicant or customer, or other person or legal entity, or on a class-by-class basis in connection with any category, class or subclass of applicants, customers, or other persons.
(c) In connection with the above described chapters and provisions subject to his administration, the director of finance shall have the authority to settle, discontinue, or waive the collection of any claim, or class of claims, for good cause shown, or if it appears that further proceedings would be without merit, or if the administrative or legal cost therefore would be excessive, or if the amount of the claim in question is de minimus. A claim, or class of claims, shall be deemed to be de minimus whenever the total amount of the claim is determined by the director of finance to be equal to or less than the total anticipated administrative costs associated with collecting the amount. The director of finance may in his discretion deter mine this amount on a case-by-case basis or on a class-by-class basis. (d) The director of finance shall have the further authority to interpret, make rules and regulations, and establish guidelines not inconsistent with the provisions of this chapter, su bject to his administration, or those portions of chapters 16 and 18 relating respectively to refuse service charges and sanitation service charges in connection with municipal utility services accounts/billing statements, as may be necessary or
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desirable to aid in the administration or enforcement of such provisions, including the establishment of service hours for scheduled water service turn on and turnoff, as well as afterhours periods for the performance of unscheduled water service turn on or turn off. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-23. General regulations.
(a) There shall be the following types of water services:
(1) Domestic-residential. Domestic-residential water service shall be used to serve domestic water to residential units, including single-family detached homes, single family attached units, residential units within multi-family developments such as apartments, condominiums, and townhomes, residential units within a mixed-use development, and mobile home spaces. (2) Domestic-commercial. Domestic-commercial water service shall be used to serve domestic water to motels, hotels, restaurants, office buildings, commercial centers, and strip malls. (3) Domestic-municipal. Domestic-municipal water service shall be used to serve domestic water to federal, state, county, and city government offices, buildings and parks. (4) Domestic-industrial. Domestic-industrial water service shall be used to serve domestic water to industries such as chemical and allied products, food, mining, paper and allied products, petroleum refining, and steel.
(5) Domestic-institutional. Domestic-institutional water service shall be used to serve domestic water to hospitals, convalescent homes, developmental facilities, long term care facilities, nursing homes, psychiatric facilities, rehabilitation facilities, and developmental disability facilities. (6) Domestic-common area. Domestic-common area water service shall be used to serve domestic water to clubhouses, on-site laundry rooms, recreational areas, exercise rooms, drinking fountains, cooling equipment and make up water for recirculating decorative fountains. (7) Irrigation. Irrigation water service shall be used for irrigation systems to establish and maintain landscape areas, lawns, trees, gardens, and shrubs; assist crop and pasture growth; or to maintain vegetation on recreational lands such as parks, sports fields, and g olf courses. Irrigation includes water that is applied for pre-irrigation, chemical application, weed control, field preparation, harvesting, and dust suppression. Irrigation water service shall be used to irrigate all non -residential irrigated landscapes of one thousand (1,000) square feet and residential irrigated landscape of five thousand (5,000) square feet or greater.
(8) Industrial. Industrial water service shall be used to serve water to industries that use water in their manufacturing or any portion of their fabrication or process systems. (9) Recycled water. Recycled water service, if available, shall be used in accordance with section 39 -38. (10) Fire protection. Fire protection services shall be used for fire protection systems pursuant to the local fire code as specified in section 39-27.
(b) There shall be the following metering requirements:
(1) Each individual residential unit, commercial unit, industrial unit, and mobile home space shall be individually metered by city or submetered as required by applicable law. (2) Residential lots with landscape area over five thousand (5,000) square feet shall be required to have a dedicated irrigation service and water meter.
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(3) Non-residential lots with landscape area greater than one thousand (1,000) square feet shall have dedicated irrigation service and water meter.
(4) At the discretion of the director of public works, master metering can be allowed if site con ditions prohibit the installation of individual meters, or submeters are proposed by the developer. (5) Newly constructed multiunit residential structures or newly constructed mixed -use residential and commercial structures for which an application for a water connection, or more than one (1) connection, is submitted after January 1, 2018, shall at the owner's sole cost and responsibility have a measurement of the quantity of water supplied to each individual residential dwelling unit as a condition of new water service. The measurement may be by individual water meters or submeters.
The owner shall be required to install and read such meters, unless otherwise agreed by the city. (6) Multifamily dwellings and common interest developments including apartmen t complexes, condominiums, townhomes, mixed use developments, and mobile home parks with common area amenities shall have a dedicated domestic-common area water service and meter. (c) Meter required. Every water service, except fire protection services meeting conditions of section 39-27, shall have a meter installed in the service line in the public right-of-way or a dedicated easement. (d) Maintenance of customer's facilities. Customers shall prevent all waste of water and keep their service pipes, all plumbing fixtures, pipes, and other apparatus (except facilities owned by the city) in good repair and free from leakage and backflow at their own expense. Customers shall be liable for all damages which may result from the customer's failure to maintain such facilities in good repair and free from leakage and backflow. (e) Vacated premises. Water rates will be charged for vacated premises until the city is notified of the discontinuance of the use of water, and is requested to turn off the water. (f) Admittance to premises. Any authorized employee of the city shall be admitted at all reasonable hours to all appropriate parts of the premises supplied with water to see that the provisions of this article, resolutions adopted pursuant hereto, and administrative regulations published in accordance herewith are carried out. (g) Unauthorized turn-on or tampering. No one except an authorized employee of the city shall turn the water on or off from or to any premises at any city curb stop, or connect or disconnec t, or in any way tamper with, any pipes in the meter boxes or with any other part of the water system of the city. (h) Resale or distribution. No customer supplied by the city shall commercially supply water to any other person on property other than the premises for which the customer has applied for service, except as may be permitted by special agreement with the agency. Water used by any customer shall be restricted to that use specified in the application or permit for such service. (i) Utility emergency requirements. All faucets, sprinklers, hose nozzles, or other continuous streams must be shut off promptly upon the sounding of an alarm of fire or upon notice of other emergency or major disaster.
The water shall not be turned on again until the fire is known to be extinguished or the required repairs have been made.
(j) Shut-offs for extensions and repairs. The city reserves the right upon reasonable notice, if possible, at any time to shut off the water in its mains for the purpose of making extens ions or repairs, or for other purposes, and all persons having boilers within their premises not supplied with tanks or cisterns, but depending upon the pipes of the city to keep them supplied, shall caution against the danger of collapse. (k) Responsible owner or applicant. In all cases where water is supplied to several tenants from one (1) connection or tap, the city contracts only with the person designated on the application. Failure by such person to comply with the provisions of this article, or with resolutions or regulations enacted or adopted pursuant hereto shall be sufficient cause to disconnect all service until such ordinances, resolutions or regulations are complied with.
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(l) Right of agency to install facilities. The city shall have the right at any time, and at any point for good cause, to install or change any water meter, detector check, backflow preventer, and fittings as required by this article, and the customer shall bear all costs for work so performed. Failure to pay for these facil ities as set forth in this article shall relieve the city of any responsibility to provide any service and the service shall be disconnected until full payment of costs, interest, and penalties has been made to the city. (m) Nonliability of city for interruption in service. The city shall not be liable for damage resulting from interruption of service, shortage, insufficiency, or quality of supply. (n) Notice to customer for shutdown of service. In case of emergency or during normal water system maintenance and repair operations, whenever possible, all consumers affected will be notified prior to any shutdown of service.
(o) Temporary shutdowns authorized. Temporary shutdowns may be restored by the city for improvements and repairs and the city shall not be liable for any loss or damage occasioned thereby. (p) Inspecting apparatus—Right of city. The city reserves the right of inspection of customer's apparatus at all times.
(q) Resale of water prohibited. Where submeters are utilized, customer shall not resell to another person at any charge higher than his pro rata share of the total charges as rendered by the agency. (r) Pressure and supply. The city assumes no responsibility for loss or damage because of high water pressure or lack of water or pressure and merely agrees to furnish such quantities and pressure as are present in its general distribution system. The service is subject to shut down and variations required by the operation of the system. Any pressure regulation to control water pressure greater than eighty (80) psi (pounds per square inch) shall be the responsibility of the customer. (s) Curb stops. There shall be a curb stop or valve in every attachment just inside the curb at a point to be designated by the city. The curb stop and box will be supplied by the city and shall be for its exclusive use and under its exclusive control.
(t) Damage to customer's property. The city will not be responsible for damages to buildings or their contents from any break in a water pipe beyond the street service box. Water customers shall, for their own protection, provide at their own expense another valve at the first suitable point beyond the meter. (u) Unused service connection. Any service connection which has been installed for a period of ten (10) years or more and has not been activated for ten (10) years shall be considered inactive and obsolete. Any person desiring water service for such premises or any portion thereof formerly supplied by the inactive service shall make application for a new service connection and pay the current charge therefore. (v) Meter box or hydrant obstruction. No person shall place trash, dirt, building materials, or other objects or obstructions on or around meter boxes or on, around, or adjacent to city hydrants. No person shall allow the meter boxes or hydrants to become obstructed or obscured by vines, trees shrubs, plants, or in any manner so as to make their location difficult to determine, or so as to interfere with or render difficult free access to, or use of, meter boxes or fire hydrants. In the event of obstruction or obscuring, notice shall be given by the agency to the property served by such meter, or adjacent to such hydrant; such notice shall contain the requirement that the obstruction be removed within twenty-four (24) hours. Where a meter box is obstructed or obscured so that it cannot be read, a "special investigation/meter reread fee" shall be made for returning to read the meter.
(w) Responsibility of city. The city's responsibility ends at the customer's side of the meter or where the city's facilities terminate.
(x) Above ground water system appurtenances. Fire hydrants and aboveground backflow preven tion devices, fire connection stand pipes and above ground meters shall be entirely color coded as follows:
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Public fire hydrant White
Private fire hydrants OSHA Red
Irrigation meter and Backflow Prevention Device Green
Domestic meter and Backflow Prevention Device Blue
Fire Backflow Prevention Device and fire connection standpipes OSHA Red All colors shall follow the city's standard specification as established by the agency.
(y) Fire hydrant location. Fire hydrants shall be installed in locations specified by the agency. If an applicant requests, and the agency approves, a change in the size, type, or location of specified hydrants may be made.
The applicant shall pay any additional costs required to comply with the request. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-24. Temporary service; fire hydrant meters.
(a) Use of fire hydrants as temporary water service. City fire hydrants are provided for the primary purpose of extinguishing fire and shall be opened and used only by the agency, fire department, or such persons as may be authorized by permit. No person shall draw water from any fire hydrant without a permit. Water shall be drawn from hydrants by use of a standard fire hydrant wrench, an auxiliary valve, and meter. Such auxiliary valve and meter shall be placed on the fire hydrant outlet with the auxiliary val ve closed before any fire hydrant valve is opened. Any person using a fire hydrant without the required permit, tools, and meter may be charged with theft of water.
(b) Permits shall be issued in the following manner:
(1) Permits shall be issued for a period not to exceed six (6) months. Renewals for the same location or permits for a different location may be granted only after the city has inspected the meter for damage or tampering and has determined the amount of water used as recorded by the meter an d that all bills due and payable have been paid or that the amount of deposit is adequate to cover all unpaid bills or cost of repairs.
(2) Permits shall not be granted to any individual business or agency known to be in violation of any provision of this Code.
(3) Permits shall show the name and address of the permittee, the date issued, the expiration date, the number and location of each hydrant from which water may be obtained, and the amount of money deposited.
(4) Deposits may be transferred from one (1) permit to another only if all the conditions of subsections (b)(1) and (2) have been met.
(c) Deposit and fees. Upon granting any permit under this section, the agency shall require the applicant to make a deposit as set by resolution of the city council sufficient to cover cost of meter with stand, auxiliary valve, and hydrant wrench. Deposits will be refunded upon the return of undamaged meter and tools and payment for water used. All or part of the deposit may be forfeited for failure to report the amount of water used monthly, for failure to pay any bill, or for failure to return any meter and t ools issued to the permittee. (d) Fees. A daily meter rental fee as set by resolution of the city council, in addition to the cost of water used, shall be charged for each day the meter is in possession of the permittee. A minimum fee equal to the total of the daily rental charge for five (5) days shall also be established. The rental and cost of the water used may be deducted from the deposit.
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(e) Timing. Upon completing the fire hydrant meter permit application, a fire hydrant meter will be installed by the city at the location specified in the permit within forty-eight (48) hours of the completed application. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-25. Water measurement.
(a) Every water service as defined in this chapter shall be metered. (b) Water services shall be designated according to the type of use as defined in this chapter. (c) Only duly authorized employees or agents of the city shall be permitted to install water meters. Following the final acceptance of the water service and meter, the meter and the service connection shall belong to the city and are the sole property of the city.
(d) Meters will be read at regular intervals for the preparation of regular bills and as required for the preparation of opening bills, closing bills, and special bills. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-26. Continuity of service.
(a) The city will exercise reasonable diligence to furnish a continuous and sufficient supply of water to its customers and to avoid any shortage or interruption of delivery thereof. It cannot, however, guarantee a continuous or sufficient supply or freedom of interruption. (b) The city shall not be liable for interruptions or shortage of supply, nor for any loss or damage occasioned thereby.
(c) Whenever, in the operation of the city's water system, interruption in the delivery of water to customers results from or is occasioned by cause other than the exercise by the city of its right to temporarily suspend the delivery of water for the purpose of making repairs or improvement to its system, notice of any such interruption will not be given to the customers of the city, but the city shall exercise reasonable diligence to reinstitute delivery of water.
(d) The city, whenever it shall find it necessary for the purpose of making repairs or improvements to its system, shall have the right to temporarily suspend the delivery of water. In all such cases, as reasonable notice as circumstances will permit will be given to the customer, and the making of such repairs or improvements will be completed as rapidly as may be practicable and at such times as will cause the least inconvenience to its customers.
(Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-27. Private fire protection service.
(a) The use of separate fire protection services shall be limited to servicing structural and buildings fire sprinkler systems, fire hoses, on-site fire pumps, fire department connection standpipes, and fire hydrants. No such service shall be used for any purpose other than flushing, fire flow testing, and the extinguishment of fires.
All such services shall be equipped with an approved double check valve assembly in accordance with section 39-29(i) at the expense of the owner.
(b) A private fire protection service required to be flow tested routinely shall be equipped with an appropriately sized fire service meter approved by the Orange County Fire Authority.
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(c) For non-residential tenant improvement projects that require a permit, plan check, or design review costing fifty thousand dollars ($50,000.00) or more, an approved double check valve assembly shall be installed on the existing private fire service.
(Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-28. Fire flow tests.
Fire flow tests shall be performed by a certified fire protection professional. An application shall be submitted and a permit issued to the individual requesting the test prior to conducting the test. The flow test must be witnessed by a representative of the agency. A fire flow application fee and a fire flow witness fee, as set by resolution of the city council, shall be the responsibility of the applicant. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-29. Protection of public water supply.
(a) State regulations adopted. The regulations of the State of California related to Drinking Water Supplies, Title 17, as they are now in effect or as they may be amended in the future, insofar as the same are applicable to the protection of the water supply of this city, are hereby adopted, incorporated herein and made a part hereof.
(b) Purpose; applicability.
(1) The purpose of this section is:
(A) To protect the public water supply against actual or potential cross-connection by isolating within the premises contamination that may occur because of some undiscovered or unauthorized cross-connection on the premises;
(B) To eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (C) To eliminate cross-connections between drinking water systems and sources of contamination; and
(D) To prevent the making of cross-connections in the future. (2) It is unlawful to make or maintain, for any period of time whatsoever, any cross -connection between plumbing pipes or water fixtures being served with water by the agency and any other source of water supply, or to maintain any sanitary fixture or other appurtenances or fixtures which may cause or allow backflow of water or other substances into the water supply system of the city and/or the service of water pipes or fixtures of any customer of the city.
(3) No water service connection to any premises of a type specified in subsection (i) shall be installed or maintained unless the public water supply is protected as required by applicable state regulations and this section.
(c) Approval.
(1) Each backflow preventer required hereunder shall be approved by the agency prior to installation and shall be installed by and at the expense of the customer for continued service or before a new service will be granted.
(2) The agency shall approve a device when the device has received approval by the Foundation for Cross- Connection Control and Hydraulic Research of the University of Southern California (or other qualified
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organization as designated by the agency), and will provide desired service and reliability. The agency shall provide, upon request, to any affected customer, a list of approved devices. (d) Installation.
(1) Devices shall be installed as close as practical to the customer's service connection and shall be installed above grade in an accessible location approved by the agency. (2) Devices shall have at least the same cross-sectional area as the water meter. In those instances where it is determined that a continuous water supply is necessary, two (2) sets of devices shall be installed in parallel. Where parallel devices are required, the sum of the cross-sectional areas of the devices shall be at least equivalent to the cross-sectional area of the meter. (e) Maintenance, testing, and records.
(1) The customer shall test and service such devices at least once a year and immediately a fter installation, relocation, or repair. A report, in a form acceptable to the agency, which sets forth the results of such test(s) shall be filed immediately with the agency. The agency may require a more frequent testing schedule if it is determined to be necessary and all costs shall be borne by the customer. (2) Devices shall be serviced, overhauled or replaced whenever they are found to be defective. All costs of such service, overhaul or replacement, including testing, repair, and maintenance shall be borne by the customer. The agency may require device information, such as location and pictures, to be submitted with the test forms.
(3) The agency will supply affected customers with a list of persons acceptable to the agency to test devices.
(4) The agency will notify affected customers when annual testing of a device is needed. Failure to notify shall not relieve the customer of the obligation to test and service its devices. (5) Upon the issuance of a third and final notice to test a device, the agency may impose a backflow preventer third-and-final-notice generation fee in an amount established by resolution of the city council.
(6) The city reserves the right to hire a private tester to test the device and bill the customer for the cost of the test plus a backflow device testing administrative fee as set by resolution of the city council, which shall be the responsibility of the applicant, if a device has not been maintained and tested within six (6) months, or one hundred eighty (180) days, from the date when the first notice regarding testing was mailed. Reasonable efforts to notify the customer of the impending testing will be made. (f) Backflow prevention device removal.
(1) Notification and approval. The agency must be notified and approval must be obtained from the agency before a device is removed.
(2) Removal in general. The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the agency to verify that a hazard no longer exis ts or is not likely to be created in the future.
(3) Removal for relocation. A device may be relocated following confirmation by the agency that the relocation will continue to provide the required protection to satisfy installation requirements. A retest will be required, prior to return to service, following the relocation of th e device. (4) Temporary removal for repair. A device may be removed for repair or service, provided water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with backflow protection approved by the agency. A retest will be required, prior to return to service, following the repair or service of the device.
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(5) Temporary removal for replacement. A device may be removed and replaced, provided water use is discontinued until the replacement device is installed. All replacement devices must be approved by the agency prior to being put into service and must be commensurate with the degree of hazard involved. A retest will be required, prior to return to service, following the replace ment of the device. (g) Water system survey.
(1) Plans and specifications must be submitted to the agency upon request for review of possible cross - connection hazards for new or existing service connections. If it is determined that a device is necessary to protect the public water system, the required device must be installed before service will be provided or continued.
(2) The agency may conduct an on-premises inspection or reinspection to evaluate cross-connection hazards. Any customer which cannot or will not allow an on-premises inspection of their piping system shall be required to install the device the agency considers necessary. (h) User supervisor. At each premises where it is necessary in the opinion of the agency, a user supervisor shall be designated by and at the expense of the customer. This user supervisor shall be responsible for the monitoring of the devices and for avoidance of cross-connections. In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the agency shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination.
The customer shall inform the agency of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs.
(i) Type of protection required.
(1) The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the customer's premis es. The type of device shall be one (1) of the following:
(A) Approved air gap separation (hereinafter "AG");
(B) Approved double check valve assembly (hereinafter "DC"); or (C) Approved reduced pressure principle assembly (hereinafter "RP"). (2) The customer may choose a higher level of protection than required by the agency. The minimum types of backflow protection required to protect the approved water supply at the customer's water connection to premises, with varying degrees of hazard, are provided in Table 1. Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis, and the appropriate backflow protection shall be determined by the agency.
(3) In those instances where conditions warrant, the agency may modify the mini mum installation herein indicated as appropriate to provide a degree of protection commensurate with the degree of hazard.
TABLE 1. TYPE OF BACKFLOW PROTECTION REQUIRED
Degree of Hazard Minimum
Type of
Backflow
Protection
1. Aircraft and missile plants RP
2. Automotive plants RP
3. Auxiliary water systems (interconnected) RP
4. Auxiliary water systems (not interconnected) RP
5. Beverage bottling plants RP
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6. Boilers RP
7. Breweries RP
8. Buildings greater than three (3) stories or greater than thirty-four (34) feet in height from curb level
DC
9. Buildings with two (2) or more service connections (interconnected) DC
10. Buildings with house pumps and/or potable water storage tank DC
11. Buildings with wastewater pumping and/or treatment plants (not interconnected)
RP
12. Canneries RP
13. Car wash facilities RP
14. Centralized heating and air conditioning plants RP
15. Chemical plants RP
16. Chemically treated potable water systems RP
17. Civil works (facilities not subject to city plumbing inspection) RP
18. Commercial laundries RP
19. Cooling towers AG
20. Dairies and cold storage plants RP
21. Dye works RP
22. Film processing laboratories RP
23. Fire protection system with biological or chemical additives RP
24. Fire protection system with unapproved auxiliary water supply (not interconnected)
DC
25. Fire protection system with unapproved auxiliary water supply (interconnected)
RP
26. Fire protection system with storage tanks or private reservoirs DC
27. Fire protection systems with two (2) or more service connections (interconnected)
DC
28. Food processing plants RP
29. High schools and colleges RP
30. Holding tank disposal stations RP
31. Hospitals (major complexes) RP
32. Irrigation systems RP
33. Laboratories using toxic materials RP
34. Manufacturing, processing, and fabricating plants using toxic materials
RP
35. Manufacturing, processing, and fabricating plants using nontoxic materials
RP
36. Medical and dental buildings RP
37. Mobile home parks DC
38. Motion picture studios RP
39. Oil and gas production facilities RP
40. Paper and paper production plants RP
41. Plating plants RP
42. Premises where recycled water is used (not interconnected) RP
43. Radioactive materials processing facilities RP
44. Restricted, classified, or other closed facilities RP
45. Rubber plants RP
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46. Sand and gravel plants RP
47. Sewage and storm drainage facilities RP
48. Any premises where there is a repeated history of cross-connections being established or reestablished
RP
49. Unapproved water systems or private piping systems constructed without the approval of the agency or the city's planning and building agency
AG
50. Premises where entry is restricted so that inspections for cross connections cannot be made with sufficient frequency or at sufficiently short notice to assure that they do not exist RP
(j) Discontinuance of water service.
(1) Service of water to any premises may be discontinued by the agency, after notice, if a device is not installed, tested, and maintained as required by this section, or if any defect is found in an installed device, or it is found that a device has been removed or bypassed, or if un protected cross-connections exist on the premises, or if the agency determines a hazard or potential hazard exists. Service will not be restored until such conditions or defects are corrected. (2) When the agency encounters water uses that represent a clear and immediate hazard to the potable water supply, the agency shall institute the procedure for discontinuing the city water service. (3) Conditions or water uses that create a basis for refusal to provide or termination of water service shall include, but are not limited to, any of the following items:
(A) Refusal to install a required device.
(B) Refusal to test a device.
(C) Refusal to repair a faulty device.
(D) Refusal to replace a faulty device.
(E) Direct or indirect connection between the public water system and a sewer line. (F) Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants.
(G) Unprotected direct or indirect connection between the public water system and an auxiliary water system.
(H) A situation which presents an immediate health hazard to the public water system. (4) Water service termination procedures shall include the following items:
(A) For conditions (3)(A), (3)(B), (3)(C) or (3)(D) of subsection (j) above, the agency will terminate service to a customer's premises after written notice has been sent, specifying the corrective action needed and the time period in which it must be done. If no action is taken wit hin the allowed time period, water service may be terminated.
(B) For conditions (3)(E), (3)(F), (3)(G) or (3)(H) of subsection (j) above, the agency will take the following steps:
(i) Make a reasonable effort to advise customer of intent to terminate water service. (ii) Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the agency.
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(k) Information requests. Upon request, the agency will provide interested parties with copies of section 39-29, rules and regulations for the testing and maintenance of devices, and such other advice, information, illustrative sketches, drawings and data as may be necessary to familiarize the customers, engineers, architects and others with agency requirements.
(Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-30. Certification of water supply.
Before the issuance of any permit or variance or the signing of any tract map, parcel map, lot split, or improvement plans, a certification must be obtained from the agency stating that the water system supplying the property meets the requirements for the last rate classification of the city by the American Insurance Association in supply, distribution facilities and fire hydrants, or that the property is or will be served by the city. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-31. Greywater systems.
No person shall construct or maintain a greywater system, as defined by the Water Code of the State of California. In order to avoid the potential health hazard presented by a greywater system, the public works agency may discontinue water service to any premises on which a greywater system has been installed until such system is removed.
(Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-32. Recycled water—Source of recycled water.
(a) The city has agreed to buy recycled water from the Orange County Water Distr ict (OCWD) and to resell such recycled water, as contractor for OCWD, to water users located within the jurisdictional and service boundaries of the city.
(b) Any city obligation to deliver recycled water is conditioned upon OCWD's completing and making o perational the recycled water treatment and distribution system known as the Green Acres Project, including the distribution pipeline system necessary to provide recycled water to users; upon OCWD's making recycled water available for sale to users; and upon issuance of all necessary permits, certificates, and approvals by all federal, state and local regulatory agencies having jurisdiction over the construction and operation of water recycling facilities and over the production, distribution, sale and use of recycled water. Any obligation is further conditioned upon OCWD being able to acquire acceptable right -of-way access from the Green Acres Project facilities to the users' property for distribution pipeline purposes, and upon approval of all federal, state, and local agencies having regulatory jurisdiction or grant-funding responsibilities with regard to the Green Acres Project facilities.
(c) The city shall have no obligation to supply recycled water beyond that usable by the user on the property set forth in any recycled water user agreement. Recycled water furnished by the city shall be provided solely for the user's use, and the user shall not resell any such recycled water. (Ord. No. NS-2921, 5, 8-1-17)
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Sec. 39-33. Same—Pressure and quality of water purchased by user.
Subject to compliance by OCWD, all recycled water delivered to users from Green Acres Project facilities shall conform to the current and future requirements established by the California Regional Water Quality Control Board-Santa Ana Region, state and local health departments, and federal, state and county agencies having jurisdiction to establish minimum standards for the quality of recycled water. Recycled water shall be delivered on a continuous basis at the minimum and maximum pressures set forth in th e user's recycled water user agreement. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-34. Same—Ownership of valves and meters.
(a) The city shall own, operate, and maintain the control valves located on each side of the meter and the metering device installed on the service line to the user's property. At locations where recycled water is used exclusively, the city may convert existing service connections (including control valves and meters) from potable to recycled water system connections. The user will own and maintain all facilities on the user's side of the customer control valve. The user shall be held responsible and charged for all water pa ssing through meters at its property.
(b) The city reserves the right to determine the size of the recycled water pipeline, the type of pipe, the service connection required, and any and all other appurtenances related to recycled water usage which are lo cated on the property location to which recycled water will be delivered. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-35. Same—Purchase of water by user.
(a) The city will supply recycled water to the user, and the user shall purchase recycled water for the location(s) and purposes and in the estimated amounts set forth in its recycled water user agreement. (b) The user shall commence taking deliveries of recycled water after receiving written notice of availability from the city. To the extent that the user's then-current use of its property necessitates the use of recycled water, the user will continue to purchase recycled water from the city. In the event that the current use of the property is discontinued or is modified, recycled water service may be terminated by mutual agreement in writing by the city and the user.
(c) The city reserves the right to control and schedule the use, distribution, and delivery of recycled water if, in its reasonable discretion, control and scheduling are necessary to maintain the recycled water distribution system in acceptable working condition. Scheduling may include, but is not limited to, varying rates of pressure and programming deliveries to the user and/or to portions of the user's property. (d) If at any time during the construction or operation of the Green Acres Project facilities, real or potential hazards, or evidence of a hazard, are found to exist, the city reserves the right and has the authority to terminate recycled water service to the user's property in the interest of protecting the public health. Service shall be reinstated upon abatement of the hazard. If service is terminated pursuant to this section, the city may supply the user with water from its potable water sources or an alternative recycled water system at the then-current recycled water rate for up to thirty (30) days; after thirty (30) days and until such time as the delivery of recycled water is reinstated, the user shall pay the potable water rate if potable water is supplied or the recycled water rate if an alternative source of recycled water is used. (e) In the event the lack of delivery of recycled water is the result of an operational fault of the city, the rate for the water delivered through the system will be equal to the then-current rate for recycled water for a period
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of up to thirty (30) days; thereafter, the user shall pay the regular potable rate. If the inability to deliver is beyond the control of the city, the city shall charge and the user shall pay the regular potable rate. (f) In the event that OCWD ceases the production and distribution of r ecycled water or in the event that the treatment criteria imposed by any regulatory authority exceed or differ significantly from those existing as of the date of the execution of the recycled water user agreement and application for water service, the cit y shall supply potable water at the then-established potable water price. The city shall incur no liability to the user by reason of the temporary cessation of delivery of recycled water or by reason of the termination of such delivery.
(Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-36. Same—Price of recycled water.
The price to be paid by the user for all recycled water delivered by the city shall be established by resolution of the city council, subject to the provision of the user's recycled water user agreement. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-37. Same—Payment.
Recycled water accounts shall be subject to section 39-20. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-38. Same—Limitation on use.
Recycled water delivered from OCWD's Green Acres Project facilities has restricted uses. The user shall use recycled water only upon the property of the user and only for those uses and purposes provided for in the recycled water user agreement and which are legally permissible under the laws of the state, as well as the rules and regulations adopted by the city, by OCWD and by all regulatory agencies having jurisdiction, including but not limited to the California Regional Water Quality Control Board-Santa Ana Region, and by state and local health departments.
(Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-39. Same—Rules and regulations.
The user shall comply with all rules and regulations, including the "Green Acres Project, Project Rules and Regulations for the Use of Recycled Water," promulgated now and in the future by OCWD, the city, the State of California or the federal government relating to the sale, distribution, transportation, and use of recycled water. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-40. Same—Responsibility.
(a) The city's responsibility for the recycled water delivered to the user ends at the user's side of the meter or, in the case of an unmetered or other special installation, where the city's facilities terminate. Operation , management, maintenance, and monitoring with respect to the storage, distribution, and other facilities under the control of the user shall be the responsibility of the user.
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(b) The user shall allow the city and/or OCWD's representatives to enter the u ser's premises for monitoring, inspecting, sampling, analysis, and observation of the user's recycled water facilities at all reasonable times.
The user, its personnel, representatives, and agents shall cooperate with the city and/or OCWD in such activities and assist in the performance of operational tests as required. If a determination is made that the user's facilities are not in compliance with city and/or OCWD requirements, the user shall promptly initiate and diligently pursue to completion action that will correct the conditions causing the noncompliance. If the user shall fail to comply with its obligations specified herein, the city may, at the user's expense, make such repairs, improvements, changes, or undertake such other activities as are neces sary to comply with the user's obligations. Such expense shall be payable to the city by the user upon demand, or the city may discontinue recycled water service until such time as the user makes appropriate repairs and the city inspects the user's system to assure conformance with applicable rules and regulations. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-41. Same—Applicability of chapter.
Recycled water accounts and service shall be subject to and shall comply with all the provisions of this chapter, except as specified in sections 39-32 through 39-40. In the event of conflict between sections 39-32 through 39-40 and the other portions of this chapter, the provisions of sections 39-32 through 39-40 shall control. (Ord. No. NS-2921, 5, 8-1-17)
Sec. 39-42. Same—Agreement to be signed.
Before any recycled water service is provided, the user shall sign a recycled water user agreement with the director of public works, who is hereby designated as the agent of the city to enter into such agreements, in addition to filing or obtaining any applications or permits required by this chapter. (Ord. No. NS-2921, 5, 8-1-17)
Secs. 39-43—39-49. Reserved.
ARTICLE III. SEWERS3
Sec. 39-50. Definitions.
As used in this article:
Agency means Public Works Agency, City of Santa Ana.
Best management practices (BMPs) means schedules of activities, a prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the introduction of FOG to the sewer facilities.
3Ord. No. NS-2921, 6, adopted August 1, 2017, repealed art. III, §§ 39-50—39-58, in its entirety; and § 7 enacted a new art. III, to read as set out herein. Former art. III pertained to similar subject matter, and was derived from Code 1952, §§ 7500—7502; Ord. No. NS-1497, §§ 1, 2, adopted August 6, 1979; Ord. No. NS-2065, § 1, adopted June 18, 1990; Ord. No. NS-2479, § 2, adopted September 17, 2001; Ord. No. NS-2670, § 2, adopted November 15, 2004 and Ord. No. NS-2887, §§ 5—7, adopted December 15, 2015.
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Change in operations means any change in the ownership, food types, or operational procedures that have the potential to increase the amount of FOG generated and/or discharged by FSEs in an amount that alone or collectively causes or creates a potential for SSOs to occur.
Director of public works means the chief administrative officer of the Department of Public Works, City of Santa Ana.
Discharger means any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger shall mean the same as user or customer.
Enforcing attorney means the city attorney or district attorney acting as counsel to the city and his/her designee.
Fats, oils, and grease (FOG) means any substance such as a vegetable or animal product that is used in, or is a byproduct of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.
FOG control program means the FOG control program required by and developed pursuant to statewide general waste discharge requirements for sanitary sewer systems (State Water Resources Control Board Order No. 2006-0003-DWQ).
FOG control program manager means the agency's water resources manager and persons designated by and under his/her instruction and supervision, who are assigned to administer the FOG control program. A consultant retained under contract by the city may be designated as the FOG control program manager.
Food grinder means any device installed in the plumbing or sewage system for the purpose of grinding, chopping, macerating, or pressing food waste or food preparation byproducts for the purpose of disposing some or all food waste into the sewer system.
Food service establishment (FSE) means food facilities defined in the California Retail Food Code, and any commercial entity, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members, or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a type I or type II hood, as defined in the California Retail Food Code.
Grease control device means any grease interceptor, grease trap, or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. A grease control device may also include any other method proven to reduce FOG subject to the approval of the director of public works.
Grease interceptor means a multi-compartment device that is constructed in different sizes and is generally required to be located outdoors and underground between a FSE and the con nection to the sewer system. These devices must be cleaned, maintained, and have the FOG regularly removed and disposed of in a proper manner to be effective. Also referred to as gravity grease interceptor or GGI.
Grease removal device means a type of hydro-mechanical grease interceptor that automatically and mechanically removes non-petroleum fats, oils, and grease from the interceptor, the control of which is either automatic or manually initiated. Also referred to as GRD.
Grease trap means a grease control device that is used to serve individual fixtures. These have a limited effect and should only be used in those cases where the use of a grease interceptor or other grease control device is determined to be impossible or impracticable. Also referred to as hydro-mechanical grease interceptor or HGI.
Hot spots means areas in sewer lines that have experienced sanitary sewer overflows that must be cleaned or maintained frequently to avoid blockages of sewer system, or require maintenance that otherwise wou ld be unnecessary.
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Inflow means water entering a sewer system through a direct stormwater runoff connection to the sanitary sewer, which may cause an almost immediate increase in wastewater flows.
Infiltration means water entering a sewer system, including sewer service connections, from the ground through such means as defective pipes, pipe joints, connections, or manhole walls.
Interference means any discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the city's sewer system or is a cause of violation of federal or state environmental laws.
New construction means any structure planned or under construction for which sewer connection permits have not been issued.
Lower sewer lateral means that portion of the sewer lateral that extends from the sewer main to the private property line.
Person means any individual, partnership, firm, association, corporation or public agency, including the state and the United States of America.
Private sanitary sewer overflow means any surface spill, loss, or discharge of untreated or partially treated wastewater resulting from blockages or other problems within a privately owned sewer lateral.
Remodeling means a physical or operational change causing generation of FOG that exceeds the current amount of FOG discharged to the sewer system by the FSE in an amount that alone or collectively causes or creates a potential for FOG discharge to the sewer system; or requires either a discretionary land use approval, building permit, or plumbing permit, and involves any one (1) or combination of the following:
(1) Under slab plumbing in the food processing area;
(2) An increase in the net public seating area;
(3) An increase in the size of the kitchen area; or
(4) Any change in the size or type of food preparation equipment.
Rules and regulations means non-punitive rules and regulations as established by the director of public works to implement this section and the FOG control program.
Upper sewer lateral means that portion of the sewer lateral that extends from the private property line to the structure to which it connects.
Sanitary sewer overflow (SSO) means a surface sewer spill, loss, or discharge of wastewater from a sanitary sewer system.
Sewer district means sewer assessment districts formed for the purpose of financing and constructing public sewer systems owned and operated by the city.
Sewer facilities means any and all facilities used for collecting, conveying, pumping, and disposing of wastewater. Sewer facilities shall mean the same as sewer system.
Sewer lateral means that entire connecting sewer line running from the sewer main to the private property line and extending to the structure to which it connects.
Sewer main means the main line sewer, used as a trunk line or major channel of passage for transporting sewage and waste, constructed in a street, highway, alley, place, or right-or-way dedicated to public use. It shall not include sewer laterals or any portion of them.
Waste means sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human and animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal.
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Wastewater means the liquid and water-carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-50.1. Ownership.
(a) The city shall in no way whatsoever be responsible for any damage to persons or property because of any leakage, breakage, or seepage from, or accident or damage to, any sewer pipe or its appurtenances located on any private premises; nor shall the city be responsible for or on account of any damage, injury, or loss caused directly or indirectly by the existence on private premises of any sewer pipe or its appurtenances. (b) A sewer lateral from its connection to a building on the property to its point of connection with the sewer main, inclusive of both the upper and lower sewer lateral, shall remain the responsibility of the property owner or user with regard to maintenance, repair and upkeep. All sewer laterals shall be maintained by the owner of the property or user served by such lateral in a safe and sanitary condition so that there is no seepage of waste at any point up to and including the junction of the sewer lateral and the sewer main and so that passage of waste through the lateral to the sewer main is free from stoppage and obstruction. All devices and safeguards that are required by this chapter for the operation thereof shall be maintained in good working order.
(Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-50.2. Repair by city forces.
(a) Repair and maintenance of all sewer mains dedicated to the city shall be the responsibility of the city's sewer enterprise.
(b) Except as provided herein, repair and maintenance of all privately owned sewer mains and all lateral lines, equipment, and appurtenances connected to the city sewer mains shall be the responsibility of the owner/user, and shall meet the requirements contained in this article. (c) The city's sewer enterprise may perform the repair and maintenance of all lower sewer lateral lines within the public right-of-way, at the discretion of the director of public works and so long as funds are available in the sewer enterprise to perform such repair and maintenance in accordance with Resolution NS -2479. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-51. Mandatory connections.
(a) All buildings or other structures which contain any plumbing fixtures and which are located within any sewer district or district serviced by a public sewer must be connected to a public sewer. (b) Whenever any property shall be included in a sewer district or area served by a public sewer, every building or other structure located on such property and containing any plumbing fixtures shall, within ninety (90) days after completion of the public sewer in such district or area, have all such fixt ures connected to the such public sewer, and all cesspools or septic tanks on such property shall be disconnected and completely filled with good, sound earth at the time the sewer connection is made; provided, however, if the property has been, previous to its inclusion in a sewer district, connected to a public sewer and if such connection is approved by the director of public works, such connection shall be considered as complying with the provisions of this section.
(Ord. No. NS-2921, 7, 8-1-17)
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Sec. 39-52. Connection outside of a sewer district; permit required.
Any lot or any building or structure on any lot located within the city, but outside of an existing sewer district or area served by a public sewer, may be connected with a public sewer, but no person shall make any such connection unless and until he shall have been granted a sewer permit for such connection and unless and until such person or the owner of such lot or parcel or his duly authorized agent, shall have paid to the agency an amount equal to that which would have been assessed to such lot or par cel had it been in the district assessed for the existing sewer to which the connection is to be made. The amount may be reduced at the discretion of the director of public works to allow for extra length of house sewer or connecting sewer if necessary. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-53. Connection permit required; determination of fee. (a) Except as provided in subsection (b), no person shall make any sewer connection unless a permit shall have been applied for and issued by the director of public works. No permit for such connection shall be issued by the director of public works as provided in this section unless the application is accompanied by the payment of a fee to the agency in an amount which the director of public works shall determine to be the applicant's proportionate share of the cost of construction of such public sewer, as prescribed in subsection (c). (b) Whenever a main sewer line is replaced by a new line, the laterals connected to the former line shall be connected to the new line and the entire lower lateral shall be reconstructed or rehabilitated as part of the installation thereof. In such event, no permit shall be required from the owner or occupant of any existing premises thus reconnected.
(c) The sewer connection fee for the applicant's proportionate share of the cost of public sewer construction shall be computed on the following basis:
(1) The fee shall be an amount equal to the assessment per fixture unit, multiplied by the net increase in fixture units on the parcel or parcels for which sewer connection application is made over the total fixture units previously serviced by any sewer line to which such parcel or parcels were connected. The number of fixture units assigned to each plumbing fixture shall be as provided in the California Plumbing Code.
(2) In all cases of sewer connection application for the servicing of a commercial laundry or restaurant, a fee in the amount of the standard cost per fixture unit multiplied by thirty (30) fixture units per clothes washing or dishwashing machine shall be assessed in addition to other fee assessments pursuant to subsection (c)(1).
(3) The city council shall, from time to time, establish by resolution the current assessment per fixture unit and the sewer connection application fees resulting therefrom in accordance with this section. (4) All fees collected shall be deposited into the sewer connection fee fund pursuant to article VII of chapter 13.
(Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-54. Development conditioned upon sewer line construction.
The director of public works shall review building permit applications for the purpose of determining whether the proposed development would result in an overload of existing sewer line capacity. No building permit which would result in such overload shall be approved unless a sewer line of sufficient capacity be first constructed or unless the city and the applicant enter into an agreement for its subsequent construction. In determining the
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necessary sewer line capacity, the director of public works shall take into account the anticipated future development of all parcels that use or will use the sewer line to be constructed. The city may enter into an agreement with any person constructing a sewer line pursuant to this section by which such person, or his successor-in-interest, shall be reimbursed for costs of construction of a sewer line, to the extent they exceed such person's own sewer connection fees due under section 39-53, solely from revenues in the sewer connection fee fund established by article VII of chapter 13. Any such agreement may provide that any fee that would otherwise be due pursuant to section 39-53 from the contracting party shall be a credit on the contracting party' s right to receive reimbursement, in which case no payment of the fee to the city shall be required from the contracting party.
(Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-55. General regulations.
(a) Maintenance of discharger's facilities. Dischargers shall prevent the discharge of FOG and prohibited wastes pursuant to section 39-58 and keep their sewer laterals, cleanouts, and other apparatus ( except facilities owned by the city) in good repair and free from leakage and blockages at their own expense. Customers shall be liable for all damages which may result from the customer's failure to maintain such facilities in good repair and free from leakage and blockages.
(b) Vacated premises. Sewerage rates will be charged for vacated premises until the city is notified of the discontinuance of the use of water and is requested to turn off the water. (c) Admittance to premises. Any authorized employee of the city shall be admitted at all reasonable hours to all appropriate parts of the premises supplied with sewerage service to see that the provisions of this article, resolutions adopted pursuant hereto, and administrative regulations published in acc ordance herewith are carried out.
(d) Responsible owner or applicant. In all cases where sewerage service is being provided to several tenants from one (1) connection, the city contracts only with the person designated on the application. Failure by such person to comply with the provisions of this article, or with resolutions or regulations enacted or adopted pursuant hereto, shall be sufficient cause to disconnect all service until such ordinances, resolutions, or regulations are complied with.
(e) Damage to discharger's property. The city will not be responsible for damages to buildings or their contents from any blockage in any portion of a sewer lateral.
(f) Unused sewer lateral. Any sewer lateral connection which has been installed for a period of t en (10) years or more and has not been activated for ten (10) years shall be considered inactive and obsolete. Any person desiring sewerage service for such premises or any portion thereof formerly served by the inactive sewer lateral shall make application for a new sewer lateral connection and pay the current charge therefore. (g) Facilities owned by city. The city's ownership of sewer facilities ends at the point of connection between the sewer main and the sewer lateral, or, in other special installations, where the city's facilities terminate. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-55.1. Sewerage service charge—Purpose.
In order to reimburse the city, in part, for its service in transporting sewerage from a water utility customer or other person using the city-owned sewer system and facilities to Orange County's publicly owned treatment works and related infrastructure, and to operate, maintain, repair, and replace the city-owned sewer system and facilities, it is appropriate for the city to charge a sewerage service fee. This charge does not duplicate any existing
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fee, charge, levy, or other toll currently collected by any public agency, and is intended to be, and shall be interpreted as, distinct and separate from any current or future (a) sewer standby or availability charge or assessment; (b) special benefit assessment or special tax imposed pursuant to state or local l aw; (c) sewer connection charge or sewer capacity charge paid in connection with or as a condition of approving an application for sewer service; or (d) mitigation fee imposed on new development pursuant to state law (California Government Code section 66000 et seq.) or local law. Where appropriate, words and phrases used in sections 39 -
55.1—39.55.5 shall have the same meaning as given them under article II. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-55.2. Same—Establishment.
(a) Except as provided in section 39-55.3, upon each water utility customer of the city there shall be imposed, in addition to the commodity charge for usage of city water, a sewerage service charge. All sewerage service charges imposed pursuant to this subsection, together with all charges imposed pursuant to subsections (b) and (c), shall be due and payable at the same time and in the same manner and subject to the same penalties for unsatisfied fees, charges, and penalties as provided in section 39 -20 for payment of municipal utility services account/billing statements for water utility services pursuant to article II, but shall be listed as separate line items on the municipal utility services account/billing statement. The sewerage service fee shall be charged based upon the volume of usage of the city's sewer system by the water utility customer, as measured by metered water service.
(b) Except as provided in section 39-55.3, a sewerage service charge shall be imposed upon any person who receives potable water service from a municipal water provider other than the city or from a private water provider, and who discharges into the city-owned sewer system and facilities. The sewerage service charge shall be made upon the volume of usage of the city's sewer system by the person, as measured by metered water service or other means approved by the director of public works or designee. (c) Sewer system capital recovery charge. Customers receiving sewer service will be charged a sewer system capital recovery fee as established by resolution.
(d) Lower sewer lateral replacement charge. Customers receiving sewer service will be charged a sewer lateral repair fee as established by resolution.
(e) Fats, oils, and grease control program. Food service establishments and food facilities receiving sewer service will be charged a fats, oils, and grease control program charge as established by resolution. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-55.3. Same—Exceptions.
The following types of connections shall not be liable for payment of the sewerage service charge:
(a) Fire protection service connections when separately metered; (b) Irrigation service connections when separately metered; (c) Any individual, partnership, association, corporation, or agency of government that is not connected to the city's sewerage system; provided, however, that it shall be the obligation of the individual, partnership, association, corporation or agency of government to present eviden ce of this fact to the city; or
(d) Any water utility customer who has not received city-supplied water during a billing period. (Ord. No. NS-2921, 7, 8-1-17)
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Sec. 39-55.4. Same—Setting charge.
The city council shall, from time to time, set a sewerage service charge in accordance with applicable law. All monies collected from the sewerage service charge, including penalties and interest fo r late payment, shall be deposited into the sewerage enterprise fund established pursuant to chapter 13. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-55.5. Same—Delinquencies.
(a) Sewerage service charges and other sewerage service related charges established under section 39 -55.2 and any penalties accrued for failure to make timely payment therefore shall be a civil debt owing to the city. (b) In the event that the owner and occupant of the premises or property receiving sewerage service are the same, then said civil debt against such customer shall constitute a lien against said property upon recordation following appropriate action by the city council following substantial compliance with all provisions of California Government Code section 54354 et seq., as it may be amended from time to time, including notice and an opportunity to be heard; except as may be provided therein. As a separate an d distinct remedy, the city attorney is authorized to bring suit pursuant to California Government Code section 54356.
(c) Establishment of a lien against the property shall remove said sewerage charge(s) from the city's regular consolidated municipal utility services account/billing statement and toll the accrual of additional penalties therefore under section 39-20.
(d) The city shall not disconnect water utility service for failure to pay the sewer service charge, unless such failure is accompanied by a customer's failure to pay the water utility service, in which case disconnection of water utility service shall be governed by article II.
(Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-56. Fats, oils, and grease control—Purpose and policy. (a) The purpose of this section is to allow the maximum beneficial public use of the city's sewer services and facilities while preventing blockages of the sewer lines resulting from discharges of fats, oils, and grease (FOG) to the sewer facilities and to specify appropriate FOG discharge requirements for FSEs. (b) The purpose of this section is to comply with federal, state, and local policies regarding sanit ary sewer overflows and to allow the city to meet applicable standards and provisions for the regulations of wastewater or waste containing FOG discharges to the sewer facilities. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-56.1. Same—Rule and regulations and interpretations. (a) The director of public works is hereby authorized and directed to promulgate rules and regulations consistent with the provisions of this section as may be necessary or desirable to aid in administration of this section and the FOG control program. Any such rule or regulation may be added, modified, or deleted as necessitated by changes in law, increased demands of regulatory agencies, or technological improvements or advances. The rules and regulations shall be filed in the office of the director of public works and maintained in an orderly manner readily accessible to the public. Further, the city will provide a copy of the rules and regulations to all FSEs at the time of initial inspection for compliance with this section. The burden to secure
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and comply with the rules and regulations shall be upon the FSE and in accordance with the goals and purposes of the FOG control program.
(b) The city manager, the director of public works, and persons designated and under the instruction and supervision of any of them, may investigate compliance of this chapter. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-56.2. Same—Prohibitions.
(a) Prohibitions. The following prohibitions shall apply to all FSEs:
(1) The discharge into the sewer system of FOG that may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer system lateral, except as provided herein. (2) The installation of food grinders in the plumbing system of new constructions of FSEs. All existing food grinders shall be removed from FSEs within one hundred eighty (180) days of the effective date of this section.
(3) The introduction of any additives into a FSE's wastewater system for the purpose of emulsifying FOG, unless a specific written authorization from the FOG control program manager is obtained. (4) The disposal of cooking oil into drainage pipes.
(5) The discharge of wastewater from dishwashers into any grease trap or grease interceptor. (6) The discharge of wastewater with temperatures in excess of 140°F to any grease control device, including grease traps and grease interceptors.
(7) The use of biological additives for grease remediation or as a supplement to interceptor maintenance, without prior authorization from the FOG control program manager. (8) The discharge of waste from toilets, urinals, washbasins, and other fixtures containing fecal materials to sewer lines intended for grease interceptor service. (9) The discharge of any waste, including FOG and solid materials removed from the grease control device, to the sewer system.
(b) Dishwashers and food waste disposal units shall not be connected to or discharged into any grease trap. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-56.3. Same—Best management practices required.
All FSEs shall implement best management practices (BMPs) in their operation to minimize the discharge of FOG to the sewer system. The requirements and guidelines for BMPs are specified in the rules and regulations. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-56.4. Same—FOG pretreatment.
(a) FOG pretreatment required. Waste containing FOG shall be discharged into the sewer system only under the conditions of this section. The following facilities shall discharge all waste from sinks, dishwashers, drains, and any other fixtures through which grease may be discharged, into an adequately sized, properly maintained and functioning grease interceptor before the discharge enters the sewer system, as well as provide a grease interceptor effluent monitoring port.
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(b) Newly constructed FSEs.
(1) A newly constructed FSE(s) shall install grease interceptors prior to commencing the discharge of wastewater to the sewer system.
(2) Existing FSEs undergoing remodeling or a change in operations shall be required to install a grease interceptor prior to commencing the discharge of wastewater to the sewer system. (c) Existing FSEs. Existing FSEs are not required to install a grease interceptor unless the FOG control program manager makes a determination that the existing FSE currently or potentially adversely impacts the sewer system by causing or contributing to:
(1) FOG hot spots;
(2) Interference;
(3) SSOs; or
(4) The FSE is not implementing or complying with BMPs as listed in the rules and regulations. (5) The FSE(s) shall install grease interceptors within one hundred eighty (180) days after receipt of official notice to install the interceptor unless the FSE obtains a conditional waiver as discussed below. (d) Conditional waiver of interceptor requirement. The FOG control program manager may provide a written waiver of the requirement to install a grease interceptor, listing the conditions upon which the waiver is granted, upon a finding of one or more of the following conditions set forth in subsections ( 1), (2), and (3):
(1) The FSE can substantively demonstrate that it employs an alternative pretreatment technology that is equivalent to or better than a grease interceptor in controlling its FOG discharge. (2) There is no potential for FOG from the FSEs to cause or contribute to SSOs. (3) The FSE discharges of FOG are negligible and do not cause a significant impact to the sewer system. (4) The FSE may use or may be required to install grease traps in lieu of installation of a grease interceptor when:
(A) Installation of an interceptor cannot physically be accomplished; (B) There is not adequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection lines or the public sewer; and
(C) No alternative pretreatment can be installed. Sizing and installation of grease traps shall conform to the current edition of the California Plumbing Code. Grease traps shall be maintained in efficient operating conditions by periodic removal of their full content, including sewage, FOG, floating materials, sludge, and solids. The maintenance frequency for all FSEs with grease traps is specified in FOG Control Program Rules and Regulations. (e) Revocation of waiver. The program manager may revoke a waiver upon a determination of one (1) or more of the following:
(1) Quantity of FOG discharge, as measured or as indicated by the size of FSEs based on seating capacity, number of meals served, menu, water usage, amount of on-site consumption of prepared food, and other conditions, has changed since the granting of the waiver such that the FSE is contributing to FOG discharges.
(2) Adequacy of implementation and compliance with BMPs. (3) Change in sewer size, grade, and condition based on visual information.
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(4) Changes in operations that significantly affect FOG discharge. (5) Failure to comply with any of the conditions set forth in the waiver. (6) Any other condition deemed reasonably related to the generation of FOG discharges by the FOG control program manager.
(Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-56.5. Same—Grease interceptor requirements.
(a) All interceptors shall be of an approved type and adequately sized in conformance with the current edition of the California Plumbing Code and shall be installed, operated, and maintained as necessary to maintain compliance with the objectives of this section.
(b) Fixtures, equipment, and drain lines located in the food preparation and cleanup areas of FSEs that are sources of FOG discharges shall be connected to the grease interceptor. (c) Grease interceptors shall be constructed in accordance with the d esign approved by the FOG control program manager and in accordance with the current edition of the California Plumbing Code design requirements and shall have a minimum of two (2) compartments with fittings designed for grease retention. (d) The grease interceptor shall be installed at a location where it shall be at all times easily accessible for inspection, cleaning, and removal of accumulated grease. (e) Access manholes, with a minimum diameter of twenty-four (24) inches, shall be provided over each grease interceptor chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-56.6. Same—Grease interceptor maintenance requirements. (a) Grease interceptors shall be maintained in efficient operating condition by periodic removal of the full content of the interceptor. The maintenance frequency for all FSEs with a grease interceptor is specified in the rules and regulations.
(b) No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, sewer system, storm drain, or public right-of-way during maintenance activities. (c) FSEs with grease interceptors are required to maintain data and i nformation necessary to establish the maintenance grease interceptors. This documentation shall be provided to the program manager as requested.
(Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-56.7. Same—Multiple FSEs on same property.
Property owners with more than one (1) FSE located on the same property shall be responsible for the installation and maintenance of a grease interceptor(s) and shall be responsible for compliance of the interceptor(s) with FOG program requirements.
(Ord. No. NS-2921, 7, 8-1-17)
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Sec. 39-56.8. Same—Monitoring for compliance.
In an effort to minimize the discharge of FOG to the sewer system, the FOG control program manager may require the FSE to monitor and/or sample wastewater for compliance with the rules and regulations. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-56.9. Same—Recordkeeping requirements.
All FSEs shall be required to keep records in accordance with the rules and regulations established by the city under its FOG control program for no less than two (2) years. Required records include, but are not limited to, grease interceptor/trap maintenance and cleaning logs, employee-training logs, waste hauling manifest, interceptor sampling data, and facility plumbing and mechanical plans. The FSE shall, upon reasonable request, make the records available to the program manager or his designee. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-56.10. Same—Inspection and sampling conditions. (a) The FOG control program manager or his designee may inspect or order the inspection of and sample the wastewater discharges of any FSE to ascertain whether the FSE is complying with all requirements of this section. The FSE shall allow the city access to the FSE premises, during normal business hours, for purposes of inspecting the FSE's grease control devices or interceptor, or reviewing the manifests, receipts, and invoices relating to the cleaning, maintenance, and inspection of the grease control devices or interceptor.
Where a FSE has security measures in force, the FSE shall make necessary arrangements so that representatives of the city shall be permitted to enter without delay for the purpose of performing their specific responsibilities/inspections.
(b) The FOG control program manager or his designee shall have the right to place or order the placement on the FSE's property such devices as are necessary to conduct sampling or metering operations. The FSE shall, without restriction, make available for inspection and copying by the program manager or his designee all notices, monitoring reports, waste manifests, and records including, but not limited to, those related to wastewater generation, and wastewater disposal. All such records shall be kept by the FSE for a minimum of two (2) years.
(Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-56.11. Same—Right of entry.
Persons or occupants of premises where wastewater is created or discharged shall allow the FOG control program manager or his designee reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the discharger's facility is open, operating, or any other reasonable time. No person shall interfere with, delay, resist, or refuse entrance to city representatives attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the city's sewer system. If entry is refused, the FOG control manager or his designee shall have recourse to the rem edies provided by law to secure entry.
(Ord. No. NS-2921, 7, 8-1-17)
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Sec. 39-56.12. Same—Emergency notification requirements. (a) In the event a FSE is unable to comply with any section condition due to a breakdown of equipment, accidents, or human error, or the FSE has reasonable opportunity to know that its discharge will exceed the discharge provisions of the this section, the discharger shall immediately notify the program control manager. If the material discharged to the sewer has the potential to cause or result in sewer blockages or SSOs, the discharger shall immediately notify the local health department and the city. (b) Confirmation of this notification shall be made in writing to the FOG control program manager no later than five (5) working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring. (c) Such notification shall not relieve the FSE of any expense, loss, damage, or other liability which may be incurred as a result of damage or loss to the city or any other damage or loss to person or property; nor shall such notification relieve the FSE of any charges, fees or other liability which may be imposed by this section or other applicable law.
(Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-56.13. Same—Emergency suspension order.
The city may, by order of the director of public works, suspend sewer service when the director of public works determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, or to the environment; or may cause SSOs, sewer blockages, or interference to the city's sewer facilities; or may cause the city to violate any state or federal law or regulation. Any discharger notified of and subject to an emergency suspension order shall immediately cease and design the discharge of all wastewater containing FOG to the sewer system.
(Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-56.14. Same—Nuisance.
Any condition that the FOG control manager determines may result in the discharge of waste, which causes or contributes to any sewer blockage, SSOs, obstruction, interference, damage, or any other impairment to the city's sewer facilities or to the operation of those facilities, shall constitute a threat to the public health, safety, and welfare, and is declared and deemed a public nuisance and may be summarily abated as such. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-56.15. Same—Violation of other laws.
Any person acting in violation of this section also may be acting in violation of the Federal Clean Water Act or the California Porter-Cologne Water Quality Control Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the enforcing attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify the Environmental Protection Agency, the California Regional Water Quality Control Board, or any other appropriate state or local agency, of any alleged violation of this section. (Ord. No. NS-2921, 7, 8-1-17)
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Sec. 39-56.16. Same—Other civil remedies.
(a) The enforcing attorney may file an action for civil damages in a court of competent jurisdiction seeking recovery of:
(1) All costs incurred in enforcement of the section, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages;
(2) All costs incurred in mitigating harm to the environment or reducing the threat to human health; and (3) Damages for irreparable harm to the environment.
(b) The remedies available to the city pursuant to the provisions of this article shall not limit the city's right to seek any other remedy that may be available by law.
(Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-57. Infiltration and inflow into sewer system.
All city-owned sewer lines and private on-site sewer lines and laterals should be constructed and maintained to prevent water infiltration into the sewer system. Private on-site sewer lines and public sewer lines shall be used only to convey raw sewage. Rainfall runoff sources (including but not limited to roof drains, site drains, inlets, uncovered wash area drains, etc.) are prohibited from connecting to any public or private sanitary sewer pipeline. (Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-58. Introduction of pollutants prohibited.
No person shall introduce or cause to be introduced any of the following into the city's sewer system:
(a) Pollutants that create a fire or explosion hazard in the sewer collection system or the publicly owned treatment works (POTW), including but not limited to waste streams with a closed cup flashpoint of less than 140° Fahrenheit or 60° Centigrade using the test methods specified in 40 CFR (Code of Federal Regulations) section 261.21.
(b) Pollutants that will cause corrosive structural damage to the sewer collection pipes and structures, but in no case discharges with pH lower than five (5.0), unless the sewer system is specifically designed to accommodate such discharges.
(c) Solid or viscous substances in amounts which will cause obstruction to the flow in the sewer collection system or the POTW, resulting in interference.
(d) Any pollutant, including oxygen demanding pollutants, exerting biological oxygen demand, released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW. (e) Heat in amounts, which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40° Centigrade (104° Fahrenheit) unless the approval authority, upon request of the POTW, approves alternate temperature limits.
(f) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil in amounts that w ill cause interference or pass through.
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(g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the sewer collection system or the POTW in a quantity that may cause acute worker health and safety problems. (h) Any trucked or hauled pollutants.
(i) Large volume discharges in a short period of time (slug flows) that adversely affect the operational capacity of the sewer.
(Ord. No. NS-2921, 7, 8-1-17)
Sec. 39-59. Private sewer overflows prohibited.
(a) No person shall cause or create a condition which causes a private sanitary sewer overflow. When a private sanitary overflow is found to occur, it shall be the responsibility of the private property owner to:
(1) Immediately prevent the continued discharge of wastewater onto the public right -of-way; (2) Capture and collect any overflowed or spilled wastewater and return it to the appropriate sewer facilities;
(3) Clean and sanitize all affected areas, both within private property and public right -of-way, to the satisfaction of the director of public works; and
(4) Comply with all other federal, state, and local health department requirements. (b) Any private property owner who causes or creates a condition which causes a private sanitary sewer overflow and or fails to satisfy the above mitigation responsibilities will be subject to administrative citations under section 1-21. If city personnel are dispatched to perform any of the actions outlined in this section, for any reason, the city reserves the right to charge the private property owner for staff time, equipment, and material spent. Such charges may be billed directly to the private property owner or his/her designee or added to the owner's sewerage service utility account if one (1) exists. (c) The remedies available to the city pursuant to the provisions of this article shall not limit the city's right to seek any other remedy that may be available by law.
(Ord. No. NS-2921, 7, 8-1-17)
ARTICLE IV. CONSTRUCTION AND ABANDONMENT OF WELLS
Sec. 39-60. Purpose.
It is the purpose of this article to control the construction and reconstruction of wells to the end that the ground water of this city will not be impaired in quality and that water obtained from such wells will be suitable for the purpose for which used and will not jeopardize the health, safety or welfare of the people of this city and to provide for the destruction of abandoned wells or wells found to be public nuisances to the end that such wells will not impair the quality of ground water or otherwise jeopardize the health, safety or welfare of the people of this city.
(Ord. No. NS-1219, § 1, 9-16-74)
Sec. 39-61. Definitions.
As used in this article, the following words shall have the meaning provided in this section.
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Abandoned and abandonment. The terms "abandoned" or "abandonment" shall apply to a well which has not been used for a period of one (1) year, unless the owner declares in writing to the advisory agency his intention to use the well again for supplying water or other associated purpose (such as an observation well or injection well) and receives approval of such declaration from the advisory agency. All such declar ations shall be renewed annually and at such time be resubmitted to the advisory agency for approval. Test holes and exploratory holes shall be considered abandoned twenty-four (24) hours after construction work has been completed, unless otherwise approved by the enforcement officer.
Advisory agency. At all such times as an agreement is in effect between the City of Santa Ana and the County of Orange providing for the enforcement of the provisions of this article by the County of Orange, the advisory agency shall be as set forth in that agreement; otherwise, the advisory agency shall be the city council of the City of Santa Ana.
Agricultural well. A water well used to supply water for irrigation or other agricultural purposes, including so - called stock wells.
Cathodic protection well. Any artificial excavation in excess of fifty (50) feet constructed by any method for the purpose of installing equipment or facilities for the protection, electrically, of metallic equipment in contact with the ground, commonly referred to as a cathodic protection well or a deep anode.
Community water supply well. A water well used to supply water for domestic purposes in systems subject to Chapter 7 of Part I of Division 5 of the California Health and Safety Code.
Construct, reconstruct (construction, reconstruction). To dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace, or extend a well casing.
Destruction. The proper filling and sealing of a well that is no longer useful so as to assure that th e ground water is protected and to eliminate a potential physical hazard.
Electrical grounding well. Any artificial excavation in excess of fifty (50) feet constructed by any method for the purpose of establishing an electrical ground.
Enforcement officer. At all such times as an agreement is in effect between the City of Santa Ana and the County of Orange providing for the enforcement of the provisions of this article by the County of Orange, the enforcement officer shall be as set forth in that agreement; otherwise, the enforcement officer shall be the director of public works of the City of Santa Ana or his designee.
Individual domestic well. A water well used to supply water for domestic needs of an individual residence or commercial establishment.
Industrial well. A water well used to supply an industry on an individual basis.
Observation well. A well used for monitoring or sampling the conditions of a water -bearing aquifier, such as water pressure, depth, movement or quality.
Permit. A written permit issued by the enforcement officer permitting the construction, reconstruction, destruction, or abandonment of a well.
Person. Any person, firm, corporation or governmental agency.
Public nuisance. The term "public nuisance," when applied to a well, shall mean any well which threatens to impair the quality of ground water or otherwise jeopardize the health or safety of the public.
Salt water (hydraulic) barrier well. A well used for extracting water from or injecting water into the underground as a means of preventing the intrusion of salt water into a fresh water bearing aquifer.
Test or exploratory hole. An excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means.
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Well. Any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, for providing cathodic protection or electrical grounding of equipment, for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this article as determined by the advisory agency. Wells shall not include:
(a) Oil and gas wells, geothermal wells or other wells constructed under the jurisdiction of the state department of conservation, except those wells converted to use as water wells; (b) Wells used for the purpose of dewatering excavations during construction, or stabilizing hillsides or earth embankments; or
(c) Other wells whose regulation is not necessary to fulfill the purpose of this article as determined by the advisory agency.
(Ord. No. NS-1219, § 1, 9-16-74)
Sec. 39-62. Acts prohibited; permit required.
No person shall, within the City of Santa Ana, construct or reconstruct any well unless such construction or reconstruction is carried out pursuant to and in conformance with a written permit issued for that purpose by the enforcement officer as provided in this article.
Nor shall any such person abandon a well unless it has been destroyed pursuant to and in conformance with a written permit issued by the enforcement officer.
Nor shall any such person violate the terms of any order issued by the advisory agency or the enforcement officer, issued pursuant to this article.
(Ord. No. NS-1219, § 1, 9-16-74)
Sec. 39-63. Applications for permits; contents, fee; term, conditions, cancellation of permit.
Applications for permits shall be made to the enforcement officer containing such information as he shall require.
Each application shall be accompanied by a fee as established by the Orange Count y Board of Supervisors on the basis of the cost incurred in enforcing the provisions of this article. Fifty (50) per cent of the fee shall be returned to the applicant should the permit be denied or if the permit is cancelled within sixty (60) days after issuance and no work has been done. A permit shall remain in effect for one (1) year from date of issuance.
Permits may be issued subject to any condition or requirement found by the enforcement officer to be necessary to accomplish the purposes of this article.
A permit may be cancelled or the conditions amended by the enforcement officer if he determines that to proceed with the work would result in a public nuisance or the permit holder has violated the terms of the permit or this article.
(Ord. No. NS-1219, § 1, 9-16-74; Ord. No. NS-2145, § 6, 9-16-91)
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Sec. 39-64. Notification of completion of work; inspection.
The permittee shall notify the enforcement officer in writing upon completion of the work and no work shall be deemed to have been completed until such written notification has been received. A final inspection of the work shall be made by the enforcement officer and no permittee shall be deemed to have complied with this article or his permit until such inspection has been performed. (Ord. No. NS-1219, § 1, 9-16-74)
Sec. 39-65. Notice of denial or cancellation of permit.
In the event a permit is denied or cancelled, the applicant or permit holder shall be given written notice by the enforcement officer, which notice shall specify the reasons for his action and shall notify the applicant or permit holder of his right to request a hearing before the advisory agency within ten (10) days. (Ord. No. NS-1219, § 1, 9-16-74)
Sec. 39-66. Notice that well constitutes public nuisance; posting, contents.
In the event the enforcement officer determines that a well constitutes a public nuisance, he shall mail a written notice to the landowner and the permit holder, if other than the landowner. A copy of the notice shall be posted on the affected property. The notice shall state the specific facts giving rise to such nuisance; the corrective measures deemed necessary; the time, date, and place at which a hearing shall be held by the advisory agency relating thereto, which date shall be not less than ten (10) nor more than thirty (30) days after the date such notice is mailed. The notice shall state that in the event the advisory agency determines that a public nuisance exists a special assessment shall be imposed upon the land for any costs of abatement. (Ord. No. NS-1219, § 1, 9-16-74)
Sec. 39-67. Immediate abatement of nuisance.
If the enforcement officer finds that immediate action is necessary to prevent impairment of the ground water or a threat to the health or safety of the public, he may abate the nuisance without giving notice. Within twenty-four (24) hours after initiating such abatement, the enforcement officer shall give notice of a h earing before the advisory agency in the manner prescribed in section 39 -66. (Ord. No. NS-1219, § 1, 9-16-74)
Sec. 39-68. Board hearing.
At the time fixed for the hearing, the advisory agency shall hear and consider all relevant testimony and evidence offered by the landowner and by any other interested person. In the event the advisory agency finds that a public nuisance exists, it shall direct the enforcement officer to take any necessary action to protect the ground water or the health and safety of the public, unless the situation is corrected by the landowner on or before a date to be specified by the advisory agency. The costs of such corrective work by the enforcement officer shall become a special assessment upon the land pursuant to section 39-69.
If the advisory agency finds that a permit was improperly denied or cancelled, it shall order the enforcement officer to issue or reinstate such permit.
(Ord. No. NS-1219, § 1, 9-16-74)
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Sec. 39-69. Abatement costs a special assessment.
Upon a finding by the advisory agency that a well constitutes a public nuisance, all cost of abatement carried out under the terms of this article shall constitute a charge and special assessment upon the parcel of land involved. If such costs are not paid within sixty (60) days, they shall then be declared a special assessment against that parcel as provided in Government Code, Section 28773.5. Such special assessment shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary city taxes. The city shall retain the additional and independent right to recover its costs by way of civil action against th e owner and person in possession or control, jointly or severally.
(Ord. No. NS-1219, § 1, 9-16-74)
Sec. 39-70. Standards.
Standards for the construction, reconstruction, destruction, or abandonment of wells shall be the standards recommended in the state department of water resources Bulletin No. 74, Chapter II, and future amendments thereto. Standards for the construction, reconstruction, destruction or abandonment of cathodic protection wells and electrical grounding wells shall be the standards recommended in the state department of water resources Bulletin No. 74-1, and future amendments thereto. Well standards may be modified by the en forcement officer, with the advice and concurrence of the advisory agency, where required to cope with the local geological and ground water conditions.
(Ord. No. NS-1219, § 1, 9-16-74)
Sec. 39-71. Penalty for article violation.
Any person who violates the terms of this article or any permit issued hereunder shall be guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued or permitted and shall be subject to the same punishment as for the original offense. (Ord. No. NS-1219, § 1, 9-16-74)
Secs. 39-72—39-79. Reserved.
ARTICLE V. RESERVED4
Secs. 39-80—39-83.5. Reserved.
4Ord. No. NS-2921, § 9, adopted August 1, 2017, repealed art. IV, §§ 39-80—39-83.5, in its entirety. Former art. IV pertained to "Memory Lane Interceptor Sewer Development Fee," and was derived from Ord. No. NS -2178, § 1, adopted October 5, 1992.
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PART II - THE CODE
Chapter 39 - WATER AND SEWERS
ARTICLE VI. WATER CONSERVATION
Santa Ana, California, Code of Ordinances Created: 2025-01-29 11:22:15 [EST] (Supp. No. 30)
ARTICLE VI. WATER CONSERVATION5
DIVISION 1. GENERALLY
Sec. 39-84. Purpose.
This article establishes water management requirements necessary to conserve water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and prevent unreasonable method of use of water within the City of Santa Ana in order to assure adequate supplies of water to meet the needs of the public, and further the public health, safety, and welfare, recognizing that water is a scarce natural resource that requires careful management not only in times of dro ught, but at all times. (Ord. No. NS-3016, § 2, 4-5-22)
Sec. 39-85—39-87. Reserved.
DIVISION 2. DEFINITIONS
Sec. 39-88. Definitions.
For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
"City" shall mean the City of Santa Ana, Orange County, California. "City manager" means the chief administrative officer of the City of Santa Ana appointed by the city council. "Cost" means the actual cost to the utility, including all labor, material, supplies, equipment and miscellaneous items, together with any applicable indirect and general charges, pl us the general administrative overhead, in accordance with the accounting practices of the utility. "Customer" means water customer or water user.
"Executive director of public works" means the chief administrative officer of the public works agency of t he City of Santa Ana, or his or her designee.
"Flow restricting device" or "flow restrictor" means a fitting inserted into the service connection to reduce flow capacity.
"Grower" refers to those engaged in the growing plant material or raising animals.
5Ord. No. NS-3016, §§ 1, 2, adopted April 5, 2022, repealed art. VI, §§ 39-84—39-93 and 39-105—39-116 and enacted a new art. VI as set out herein. Former art. VI pertained to water shortage contingency plan and derived from Ord. No. NS-2073, § 1, adopted September 4, 1990; Ord. No. 2781, §§ 7 —18, adopted April 20, 2009; and Ord. No. NS-2877, §§ 6—20, adopted May 19, 2015.
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"Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system. "New construction" means, for the purposes of this article, a new building with a lan dscape or other new landscape such as a park, playground, or greenbelt without an associated building. "Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscape.
"Person" shall mean any natural person, corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above.
"Potable water" means water that is suitable for drinking. "Recycled water" or "reclaimed water" means treated or recycled waste water of a quality suitable for non - potable uses such as landscape irrigation and water features. This water is not intended for human consumption. "Service connection" means the pipe or tubing, fittings, and valves necessary to conduct water from the distribution main to and through the meter.
"Single pass cooling systems" means equipment where water is circulated only once to cool equipment before being disposed.
"Valve" means a device used to control the flow of water. "Water allocation" shall mean the amount of water a customer may use in a billing cycle pursuant to this article.
"Water customer" means the person in whose name service is rendered as evide nced by the signature on the application, contract or agreement for that service, or in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his/her name, regardless of the identity of the actual user of the service. "Water feature" or "feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on -site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation.
"Water shortage emergency" shall mean a condition existing within the City of Santa Ana in which the ordinary water demands and requirements of persons within the city cannot be satisfied without depleting the water supply of the city to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. A water shortage emergency includes both an immediate emergency, in which the city is unable to meet current water needs of persons within its jurisdiction, as well as a threatened water shortage, in which the city determines that its supply cannot meet an increased future dem and. "Water user" means any user of water including a water customer. (Ord. No. NS-3016, § 2, 4-5-22)
DIVISION 3. RESERVED.
Sec. 39-89—39-95. Reserved.
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PART II - THE CODE
Chapter 39 - WATER AND SEWERS
ARTICLE VI. - WATER CONSERVATION
DIVISION 4. REGULATIONS GOVERNING WATER CONSERVATION PHASES
Santa Ana, California, Code of Ordinances Created: 2025-01-29 11:22:15 [EST] (Supp. No. 30)
DIVISION 4. REGULATIONS GOVERNING WATER CONSERVATION PHASES Sec. 39-96. Applications.
(a) The provisions of this article apply to any customer, person, and property using water provided by and/or used within the city.
(b) The provisions of this article do not apply to uses of water necessary to protect public he alth and safety or for essential government services, such as police, fire, and other similar emergency services. (c) The provisions of this article do not apply to the use of recycled water, with the exception of section 39 -99, as recycled water is considered a valuable source of water. (d) The provisions of this article do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale, with the exception of section 39-99.
(e) The provisions of this article do not apply to the use of water from private wells, with the exception of section 39-99.
(f) This article is intended solely to further the conservation of water. It is not intended to implement an y provision of federal, state, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff.
(Ord. No. NS-3016, § 2, 4-5-22)
Sec. 39-97. Procedures for determination of water supply shortage and level implementation. (a) Under Water Code Section 10632.1, the city is required to submit a water shortage assessment "report" to the California Department of Water Resources by July 1 of each year. (b) The city will follow a written decision-making process defined in the Water Shortage Contingency Plan (WSCP) to assess water supply reliability on an annual basis. (c) The executive director of public works will determine if a water shortage exists based on the water shortage criteria and levels defined in the WSCP.
(d) In the event a water shortage is triggered according to the procedures and conditions defined in the adopted WSCP, the city council shall make findings of water supply shortage and declare the applicable water conservation phase by resolution. The implemented phase of the water supply shortage shall be in effect until the city council declares that the water supply shortage has ended or until another phase has been implemented.
(e) The public will be informed of the shortage according to the procedures and protocols for communication identified in section 39-98 of this article.
(f) Subject to subsequent ratification by the city council, when the executive director of public works determines that a sudden event has, or threatens to, significantly diminish the reliability or quality of the city's water supply, the executive director of public works may declare a catastrophic water supply shortage and impose emergency water allocation or conservation actions as deemed necessary, in the executive
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director of public works' professional judgment, to protect the reliability and quality of th e city's water supply, until the emergency passes or the city takes other action. (Ord. No. NS-3016, § 2, 4-5-22)
Sec. 39-98. Procedures and protocols for communication.
Upon declaration of a water shortage, the city will inform all relevant stakeholders, such as customers, the public, interested parties, and local, regional, and state governments, of the effective date of the water shortag e response actions associated with the relevant level according to the communication procedures identified in the city's WSCP, including:
(a) Any current or predicted shortages as determined by the annual water supply and demand assessment.
(b) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment.
(c) Any other relevant communications.
(Ord. No. NS-3016, § 2, 4-5-22)
Sec. 39-99. Permanent water conservation requirements—Prohibition against water waste.
The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water. Noncompliance with restrictions on water waste shall be subject to an administrative citation.
(a) Watering of a lawn, landscape or other vegetated area between the hours of 8:00 a.m. and 6:00 p.m. is prohibited. Hand-held water cans, buckets, or similar containers reasonably used to convey water for irrigation purposes are not subject to these time restrictions. Similarly, a hand-held hose equipped with a fully functioning, positive self-closing water shut-off nozzle, may be used during the otherwise restricted period. If necessary, and for very short periods of time, for the expre ss purpose of adjusting or repairing a landscape irrigation system, one may operate a landscape irrigation system during the otherwise restricted period.
(b) Washing down sidewalks, walkways, driveways, parking areas, or other hard or paved surfaces is prohibited, except to alleviate safety or sanitary hazards using a handheld container, hose with an automatic shut-off device, or a low-volume high-pressure cleaning machine that recycles used water. (c) Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff from the property onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
(d) The use of water to irrigate outdoor landscapes during or within fo rty-eight (48) hours after measurable rainfall is prohibited.
(e) Using water to wash or clean a vehicle, including, but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, is prohibited, except by use of a hand -held bucket or hand-held hose equipped with a positive self-closing device or water shut-off nozzle. This subsection does not apply to any commercial car washing facility.
(f) The use of water to clean, fill, or maintain levels in decorative fountains, ponds, lakes, or other similar aesthetic structures, unless such water is part of a re-circulating system, is prohibited. The only exceptions shall be a water feature currently listed in the National Register of Historic Places, where
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water use is deemed necessary for the integrity of the feature, or a water feature that has been issued a waiver from the city.
(g) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within seventy-two (72) hours, unless other arrangements are made with the city. (h) No restaurant, hotel, café, cafeteria or other public place where food is sold, served or offered for sale shall serve drinking water to any customer unless expressly requested. (i) Hotels, motels and other commercial lodging establishments must provide customers the option to opt out of towels and linen laundering service. Commercial lodging establishments must prominently display notice of this option in each bathroom using simple and easily understood language. (j) Food preparation establishments such as restaurants or cafes are prohibited from using non-water efficient kitchen pre-rinse spray valves.
(k) Installation of single pass cooling systems is prohibited in any new or remodeled buildings. (l) Commercial car wash system: Effective on January 1, 2012, all commercial conveyor car wash systems must have installed operational re-circulating water systems or must have secured a waiver of this requirement from the city.
(m) Installation of non-recirculating water systems is prohibited in new commercial conveyor car wash a nd new commercial laundry systems unless a waiver from the city has been obtained. (n) Watering or irrigation with a device that is not continuously attended is limited to fifteen (15) minutes per day per valve. Low flow drip type systems, water efficient stream rotor systems, and sensor/weather-controlled systems are exempt.
(o) Any new planting should be performed with drought tolerant plants, as listed in the Metropolitan Water District of Southern California's list of California friendly plants. (p) Irrigating ornamental turf on public street medians is prohibited. (q) Use a shutoff nozzle on hoses is required at all times. (r) Unauthorized use of hydrants is prohibited. Authorization for use must be obtained from the city. (Ord. No. NS-3016, § 2, 4-5-22)
Sec. 39-100. Water shortage levels.
The city's Water Shortage Contingency Plan defines six (6) water supply shortage levels corresponding to progressive ranges of up to ten (10), twenty (20), thirty (30), forty (40), and fifty (50) percent shortages and a greater than fifty (50) percent shortage.
The city council by resolution shall require or impose reductions in the use of water if such reductions are necessary in order for the city to comply with water use restrictions imposed by federal, state or regional water agencies, or to respond to local or regional water shortage conditions and emergencies, as defined in the city's Water Shortage Contingency Plan. Depending on the expected duration and severity of the shortage, these measures may include, but are not limited to, some or all of the water conservation management measures listed for each of the six (6) water supply shortage levels listed below and in the WSCP, which shall take effect upon declaration by the city council. In an emergency, the executive director of public works may make the declaration, which will be ratified by the city council at a subsequent meeting.
During each elevated water supply shortage level, the water conservation/demand management measures will include the permanent water conservation requirements and the wat er conservation management measures
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of the previous level(s). Each level is intended to be more restrictive than the previous level(s). The city may implement other prohibited water uses as determined by the city, after notice to customers. (a) Water Shortage Level 0.
Water shortage level 0 exists during periods when the city anticipates no supply reductions. City's permanent water conservation requirements (section 39-99) are in place at all times to prevent waste and unreasonable use of water.
(b) Water Shortage Level 1.
Water shortage level 1 exists when the city determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of up to ten (10) percent is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the permanent water conservation requirements, the demand reduction actions provided in the most recent WSCP apply, including, but not limited t o:
(1) Watering of a lawn, landscape or other turf areas between the hours of 6:00 a.m. and 6:00 p.m. is prohibited, except by use of hand-held device, hose equipped with an automatic shutoff device, or for adjusting or repairing an irrigation system for short periods of time. (2) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within seventy-two (72) hours of notification by the city, unless other arrangements are made with the city.
(3) All non-essential water use for public entities shall cease. (c) Water Shortage Level 2.
Water Shortage Level 2 exists when the city determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of eleven (11)—twenty (20) percent is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above-mentioned requirements and Permanent Water Conservation Requirements, the demand reduction actions provided in the most recent WSCP apply, including, but not limited to:
(1) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within forty-eight (48) hours of notification by the city, unless other arrangements are made with the city.
(2) Irrigation shall be limited to two (2) days per week turf watering when using potable water. Plant containers, trees, shrubs and vegetable gardens may be watered additional days using only drip irrigation or hand watering.
(3) Filling or re-filling ornamental lakes is prohibited. Ornamental lakes and ponds that sustain aquatic life of significant value and were actively managed prior to the shortage declaration are exempt.
(4) Subject to applicable law, the city may impose drought rates and surcharges if deemed necessary.
(5) The city may reduce potable water allocations in all categories to meet the available water supply.
(d) Water Shortage Level 3.
Water shortage level 3 exists when the city determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of twenty-one (21)—thirty (30) percent is necessary to make more efficient use of water and
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appropriately respond to existing water restrictions. In addition to the above -mentioned requirements and permanent water conservation requirements, the demand reduction actions provided in the most recent WSCP apply, including, but not limited to:
(1) Decorative water features that use potable water must be drained and kept dry. (2) Car washing is only permitted using a commercial car wash that recirculates water or by high - pressure/low-volume wash systems.
(3) Any new construction will be required to submit a water use plan to the city that addresses the impacts to the existing water users and how they will be mitigated (such as dust control, etc.). (4) Except for landscapes watered with non-potable water, the installation of new landscaping is limited to drought tolerant trees, shrubs and groundcovers. Installation of new turf or hydroseed is prohibited. Customers may apply for a waiver to irrigate during an establishment period for the installation of new turf or hydroseed.
(5) Turf irrigation shall be limited to 2 days per week when using potable water. Plant containers, trees, shrubs and vegetable gardens may be watered additional days using only drip irrigation or hand watering.
(e) Water Shortage Level 4.
Water shortage level 4 exists when the city determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of thirty-one (31)—forty (40) percent is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above-mentioned requirements and permanent water conservation requirements, the demand reduction actions provided in the most recent WSCP apply, including, but not limited to:
(1) Irrigation shall be limited to one (1) day per week turf watering when using potable water. Plant containers, trees, shrubs and vegetable gardens may be watered additional days using only drip irrigation or hand watering.
(2) Existing pools shall not be emptied and refilled using potable water, unless required for public health and safety purposes.
(3) No new permits for pools will be issued.
(4) No new landscape installations or renovations will be permitted. (5) Previous waivers for watering during an establishment period will be revoked. (f) Water Shortage Level 5.
Water shortage level 5 exists when the city determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of forty-one (41)—fifty (50) percent is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above-mentioned requirements and permanent water conservation requirements, the demand reduction actions provided in the most recent WSCP apply, including, but not limited to:
(1) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within twenty-four (24) hours of notification by the city, unless other arrangements are made with the city.
(2) All irrigation is prohibited.
(3) Watering for agricultural or commercial nursery purposes is prohibited.
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(4) Watering of all golf course areas is prohibited.
(5) Watering of parks, school grounds and recreation fields is prohibited, except for rare plant or animal species.
(6) No new potable water service connections will be permitted. (7) Water use is only permitted for public health and safety purposes. (g) Water Shortage Level 6.
Water shortage level 6 exists when the city determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of greater than fifty (50) percent is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above-mentioned requirements and permanent water conservation requirements, the demand reduction actions p rovided in the most recent WSCP apply, including, but not limited to:
(1) Water can only be used for public health and safety purposes. Customer rationing may be implemented.
(2) Water usage for air conditioning is prohibited.
(3) The city may shut off all non-essential water services. (4) Water for commercial manufacturing or processing purposes shall be reduced in volume by up to fifty percent (50) or more if necessary for public health and safety purposes. (5) The City of Santa Ana may discontinue service to consumers who willfully violate any water conservation provisions.
(Ord. No. NS-3016, § 2, 4-5-22)
Sec. 39-101. Correlation between city water supply shortage levels and California Department of Water Resources water supply shortage levels.
The city's water supply shortage levels are aligned with the state water supply shortage levels and therefore comply with Water Code Section 10632(a)(3) as may be updated from time to time. (Ord. No. NS-3016, § 2, 4-5-22)
Sec. 39-102. Levels of declared water supply shortage.
The city council is authorized to require or impose reductions in the use of water by resolution if such reductions are necessary to comply with water supply shortage conditions as defined in the city's Water Shortage Contingency Plan.
(Ord. No. NS-3016, § 2, 4-5-22)
Sec. 39-103. Hardship waiver.
(a) Waiver. If, due to unique circumstances, a specific requirement of this article would result in undue hardship to a person using water or to property upon which water is used, then the person may apply for a waiver from the requirements as provided in this section. Unless specified otherwise at the time a waiver is
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approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition.
(1) Application for a waiver. Application for a waiver must be on a form prescribed by the executive director of the public works agency, or his or her designee. (2) Supporting documentation. The written application shall be accompanied by photographs, maps, drawings, or other pertinent information as applicable, including a writt en statement of the applicant. (3) Required findings for waiver. Based on the information and supporting documents provided in the application, additional information provided as requested, and water use information for the property as shown by the records of the city, the executive director of the public works agency, or designee, in making the waiver determination, will take into consideration the following:
(A) That the waiver does not constitute a grant of special privilege inconsistent with the limit ation upon other city water service customers;
(B) That because of special circumstances applicable to the property or its use, the strict application of this article would have a disproportionate impact on the property or use that exceeds the impacts to water service customers generally;
(C) That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this article and will not be detrimental to the public interest;
(D) That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature; and (E) That no person shall be given relief on appeal for hardship unless the water service customer has installed water saving devices, as determined by the city, and made every reasonable effort to reduce water use.
(b) Approval authority. The executive director of the public works agency, or designee, will act upon any completed application after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver will be promptly notified in writing of the action taken. The decision of the executive director of the public works agency, or designee, is final. (Ord. No. NS-3016, § 2, 4-5-22)
Sec. 39-104. Penalties, violations, and enforcement.
Noncompliance with restrictions on water waste shall be subject to an administrative citation. The penalties set forth in this section shall be additional to those penalties provided in any other section of this Code. The penalties for failure to comply with any of the prohibited use provisions of this article shall be as follows:
(a) First violation: The city shall issue a written notice pursuant to section 39-105. (b) Second violation: A second violation within one (1) year from the date of the first violatio n is punishable by a fine of two hundred fifty dollars ($250.00). (c) Third and subsequent violation(s): A third violation within one (1) year from the date of the first violation and any subsequent violation is punishable by a fine of five hundred dollar s ($500.00) per notice. In addition to the fine and at the discretion of the executive director of public works, or his or her designee, the city may implement one (1) or more of the following:
(1) Water flow restrictor device: The city may install a water flow restrictor device of approximately one (1) gallon per minute.
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(2) Termination of service: Subject to applicable law, the city may disconnect and/or terminate a customer's water service for a willful violation of mandatory restrictions in this article. (3) Cost of restricting flow or disconnecting service: A person that violates this article is responsible for payment of the city's charges for disconnecting and/or reconnecting service. All associated costs and fines must be paid in full prior to service restoration. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
(4) Separate offenses: Each day that a violation of this article occurs is a separate offense. (Ord. No. NS-3016, § 2, 4-5-22)
Sec. 39-105. Notice of Violation.
(a) If any person fails or refuses to comply with this article, the executive director of public works, or his or her designee, shall provide that person with written notice of the violation and an opportunity to correct t he noncompliance. The written notice shall:
(1) Be posted or presented at the site of the noncompliance; (2) State the time, date, and place of violation;
(3) State a general description of the violation;
(4) State the means to correct the violation;
(5) State a date by which correction is required; and,
(6) State the possible consequences of failing to correct the violation. (b) The city will issue a notice of violation by mail or personal delivery to the address of the violation, to the party who is billed for the water, or to the owner of the property, as appropriate at least ten (10) calendar days before taking enforcement action. Such notice must describe the violation and the date by which corrective action must be taken.
(c) Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the city may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water shortage level condition. (Ord. No. NS-3016, § 2, 4-5-22)
Sec. 39-106. Procedures for monitoring compliance and reporting to the state.
In order to ensure compliance with state reporting requirements and customer compliance, the city will ensure to collect, track, and analyze relevant data per the procedures defined in the WSCP. (Ord. No. NS-3016, § 2, 4-5-22)
Sec. 39-107. Reevaluation and improvement process of water shortage procedures.
To ensure that water shortage risk tolerance is adequate and appropriate water shortag e mitigation strategies are implemented, the WSCP will be reviewed and evaluated as defined by the procedures identified in the WSCP as needed.
(Ord. No. NS-3016, § 2, 4-5-22)
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Sec. 39-108—39-116. Reserved.
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APPENDIX E
CITY OF SANT A ANA ORDINANCE
NS 2921
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ORDINANCE NO. NS-2921
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REPEALING AND REENACTING IN
THEIR ENTIRETY ARTICLES I, II, Ill, AND V OF
CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE
REGARDING WATER AND SEWERS AND AMENDING
RELATED SECTIONS 1-18.2, 16-38, 18-602, AND 18-603
OF THE SANTA ANA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows.
A. For the purpose of maintaining public health and good order, Chapter 39 of the Santa Ana Municipal Code governs the provision and use of potable water, recycled water, and sanitary sewer services throughout the City. Chapter 39 defines and regulates the relationships between the City's water and sewer enterprises and the community, especially its ratepayers, and delineates the attendant responsibilities, rights, and restrictions of the parties.
B. Chapter 39 has been amended in various respects since 1952, albeit in more limited fashion. Most recently, in 2015, Article VI of Chapter 39 was amended to update the City's water shortage contingency plan, as prompted by statewide drought conditions then in effect and that only recently have abated.
C. Each amendment to Chapter 39 has individually served the City well, though they have left Chapter 39 in need of a more comprehensive revision.
D. In order to synthesize the iterations of the prior amendments, improve upon the language, and provide clearer direction to staff and the public, it is desirable that Chapter 39 undergo a more comprehensive update, including the repealing of Article V, whose function is no longer necessary because the Memory Lane Sewer Line has been fully funded and completed.
E. Accordingly, Articles I, II, Ill, and V of Chapter 39 of the Santa Ana Municipal Code shall be updated by repealing and reenacting such articles.
F. As a result of these updates to Chapter 39, certain other sections of the Santa Ana Municipal Code will no longer be in harmony. These sections shall be amended concurrently to align with the updates to Chapter 39.
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SECTION 2. Article I of Chapter 39 of the Santa Ana Municipal Code is hereby repealed in its entirety.
SECTION 3. Article I of Chapter 39 of the Santa Ana Municipal Code is hereby reenacted in its entirety as follows:
ARTICLE I.- IN GENERAL
Sec. 39-1.- Water and sewer service outside city limit.
Except as provided by this chapter, no water or sewer service shall be made with the water or the sewer systems of the city for the rendering of service in any area not within the city limits, and no service to any area within the city limits shall provide water or sewer service to any area outside of the city limits, even though such areas outside the city limits may stand of record as owned by the same person or persons receiving water or sewer service on adjacent land within the city limits. The record owner of any parcel of land adjacent to the city's boundaries who desires to obtain water or sewer service shall make a request to the director of public works for such service and agree to execute with the city a legally binding agreement or contract in compliance with all conditions of water and sewer service in this chapter, California Government Code section 56133, and the rules of the Orange County Local Agency Formation Commission. Parcels adjacent to the city's boundaries that are being served by the city water or sewer systems at the time of adoption of this ordinance shall, by December 31, 2018, request and execute with the city a similarly compliant agreement for continued service. Failure to complete a water or sewer service agreement may result in the discontinuation of the sewer or water service.
Sec. 39-2. -Water and sewer systems development impact fees.
Development impact fee(s) shall be imposed on development project(s) that require water and or sewer facilities necessary to accommodate growth resulting from the development(s). Development impact fee(s) may be established by ordinance or resolution of the city council in compliance with California Government Code section 66000 et seq.
Sec. 39-3. -Water and sewer systems design standards.
(a) All water system distribution, storage, and treatment system components, combined as one functional unit or system or individually, regardless of ownership and location, that connect to the city's domestic water system, directly or indirectly, shall be designed, constructed, and inspected in accordance with the Santa Ana Municipal Code, the City of Santa Ana standard plans, the latest edition of the Standard Specifications for Public Works Construction (Green Book), the American Water Works Association Standards, and the California Waterworks Standards.
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(b) All sewer mains, laterals, manholes, lift stations, and other sewer system appurtenances, regardless of location and ownership, that connect to the city's sewer collection system, directly or indirectly, shall be designed, constructed, and inspected in accordance with the Santa Ana Municipal Code, the City of Santa Ana standard plans, and the latest edition of the Standard Specifications for Public Works Construction (Green Book).
Sec. 39-4. - Charges, fees, and deposits.
All charges, fees, and deposits in this chapter shall be adjusted from time to time and established by the city council by resolution and as applicable shall be specified by the city's miscellaneous fee schedule.
Sec. 39-5. - Private water and sewer lines.
(a) Water distribution lines and sewer collection lines constructed in private streets or in local streets not meeting the design criteria established by the director of public works shall be designated as private lines. It is the sole responsibility of the owner to operate and maintain the private water distribution lines, including without limitation all routine and emergency repairs, operation, and upkeep of all above ground appurtenances and underground valves, fittings, pipes, and service connections up to and including the meter curb stop. It is the sole responsibility of the owner to operate and maintain the private sewer collection lines, including without limitation all routine and emergency repairs, operation, and upkeep of sewer manholes and sewerage lift pumps.
(b) The private line owner's responsibility starts at the property line of the development served. Before construction, engineering plans for the construction of private lines must be submitted to the Public Works Agency and the Planning and Building Agency for review and approval in a manner consistent with the city's water and sewer systems design standards as described in section 39-3. Private water lines not constructed in conformance with these standards will be declared unapproved water systems requiring a higher degree of protection against cross-connection. Looped water lines must be protected against backflow at each connection to the city's public water system.
(c) Any modifications to private lines and their appurtenances shall be performed in accordance with the city's standard plans and the California Waterworks Standards. This includes wjthout limitation the renewal, addition, or removal of service connections. All work must be permitted by the Public Works Agency and the Planning and Building Agency. Private water lines with non-conforming modifications will be declared unapproved water systems requiring a higher degree of protection against cross-connection than a reduced pressure principle assembly. Upon completion of the project, and prior to gaining occupancy permits to any of the units served with water and Ordinance No. NS-2921
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sewer, as-built plans stamped by an engineer licensed by the state of California must be submitted and approved by the Public Works Agency.
(d) The city shall require the installation of a water meter in accordance with section 39-23(b) on every service connection to each dwelling unit, irrigation system, common area amenity, and individual commercial unit tapped from the private water line. The city will be responsible for the maintenance of the water meters, including meter reading, meter testing, meter repair, and replacement. To maintain, inspect, test, and read the public water meters, both an access easement to the development and a maintenance easement, confined to the water service meter box, shall be granted to the city by the private property served.
(e) The allowance or permitting by the city of private water lines shall not in any way authorize the owner or private entity to resell water for profit within the city.
Sees. 39-6-39-14.- Reserved.
SECTION 4. Article II of Chapter 39 of the Santa Ana Municipal Code is hereby repealed in its entirety.
SECTION 5. Article II of Chapter 39 of the Santa Ana Municipal Code is hereby reenacted in its entirety as follows:
ARTICLE II.- WATER
Sec. 39-15. - Definitions.
As used in this article:
Afterhours means that period of time allotted by the finance director for the performance of unscheduled water service turn on or turn off, occurring after the regularly established hours for the performance of scheduled water service turn on or turn off, as set by the director of finance.
Agency means Public Works Agency, City of Santa Ana.
Applicant means an individual, partnership, association, corporation, receivership, trust, trusteeship, or agency of government, or other legal entity recognized by the laws of the state or of the United States applying for water service.
Backflow preventer means an approved device or means to prevent backflow into the city's potable water system.
Common area amenities means areas within residential, commercial, or industrial developments for the common use of residents or workers managed by the Ordinance No. NS-2921
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owner or his agent, including but not limited to, rental offices, club houses, picnic areas, drinking fountains or filling stations, exercise rooms, and swimming pools.
City means the City of Santa Ana.
Cost means charges and/or fees which include the cost to the city of labor, materials, equipment, and overhead.
Customer means an individual, partnership, association, corporation, receivership, trust, trusteeship, or an agency of government or other legal entity recognized by the laws of the state or of the United States receiving water service.
Date of presentation means the date upon which a bill or notice is mailed to the customer at their mailing address of record, or in the event that a customer has signed up for electronic billing, the date upon which electronic notice is given to the customer at their electronic mailing address of record.
Director of finance or finance director means the chief administrative officer of the department of finance and management services or his authorized designee.
Director of public works means the chief administrative officer of the public works agency, City of Santa Ana, or his authorized designee.
Department of public works or public works department means the public works agency.
Department of finance or finance department means the finance and management services agency.
Fee means the amount established by resolution of the city council which is intended solely to cover the reasonable administrative costs (time, materials, overhead) incurred in performing any specified act on behalf of any person or at any person's request for which said person shall be liable.
Gender pronouns: The masculine includes the feminine and neutral genders.
Greywater means untreated wastewater that has not been contaminated by any toilet discharge; has not been affected by infectious, contaminated, or unhealthy bodily wastes; and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Greywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers, or as otherwise defined by the California Health and Safety Code.
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Main means the distribution pipe line located in a street, highway, public easement, or private right-of-way which is used to serve the general public.
Master meter means a meter, read by the city, that measures water usage for an entire property or structure, which may include common areas.
Meter means any suitable water measuring device or facility which measures or determines the volumetric flow of water.
Multi-family dwelling/accommodation means an apartment building, apartment house, condominium complex, or any other group of residential units located upon a single premises, including mobile home parks, providing the residential units therein meet the requirements for a single family accommodation. Hotels or motels consisting primarily of guest rooms and/or transient accommodations are not classified as multifamily accommodations.
Municipal utility services account/billing statement means the consolidated account and/or billing statement to which refuse service charges, sanitation service charges, sewerage service charges and other sewerage related charges and fees, water commodity consumption charges, and other related water service charges and fees (including fire line service charges), together with corresponding penalties, as applicable, shall accrue and/or are stated.
Parcel means a division of land as shown in the Orange County Assessor's Book.
Person means an individual, partnership, association, corporation or an agency of any governmental organization, receivership, trust, trusteeship, or other legal entity recognized by the laws of the state or of the United States.
Premises or service address means the integral property or area, including improvements thereon, to which water service is provided or for which an application for water service is filed.
Private fire protection service means provision of stand-by readiness to serve water to premises through a separate fire service line connection for fire protection only, such fire service lines to be connected to automatic sprinkling system, hose attachments, or hydrants.
Property owner or owner means the record owner of real property, as shown on the most recently issued equalized assessment roll.
Recycled water means treated wastewater supplied by Orange County Water District from the Green Acres Project, or treated wastewater of comparable quality from such other water recycling system as the city shall designate.
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Service area means all area within the city limits and the area served outside the city limits.
Service charge or service related charge shall mean any commodity consumption cost, whether measured by consumption or volume or whether applied as a pass-through adjustment rate, or any fixed amount or variable schedule of amounts authorized herein or authorized elsewhere in this chapter or Code relating to refuse, sanitation, sewerage, and water (including fire line service), as established by resolution of the city council.
Submeter means a device that measures water consumption of an individual unit within a multiunit residential structure or mixed-use residential and commercial structure, and that is owned and operated by the owner of the structure or the owner's agent.
Temporary service means a water service through a city-owned fire hydrant for special outdoor events, fairs, construction work, irrigation of vacant property, and similar uses which, because of their nature, will not be permanent.
Tenant improvement means changes made to the interior and exterior of a commercial or industrial property to accommodate the needs of tenants, including but not limited to, partitions, air conditioning, electrical, plumbing, fire protection, and security.
Theft of water means the taking of water from any city water main, hydrant, service, or facility without a meter or the written permission of the city in the form of a permit or application as provided for in the provisions of this article.
Unit of water means one hundred (1 00) cubic feet.
Water facilities means water distribution and treatment components, individually or as a whole, operating to provide storage, flow, and pressurized domestic water. The following components make up water facilities: wells, reservoirs, pipelines, system valves, control valves, fire hydrants, interties, disinfection treatment, instrumentation and controls, power distribution, and Supervisory Control and Data Acquisition system.
Water service means the tapping connection, pipe, valves, and other facilities by means of which water is conducted from the main water line, whether public or privately owned, to the meter.
Sec. 39-16. -Application for turning on water and transfer of responsibility. (a) Procedures; registration fee. An application to have water turned on or to transfer responsibility for water charges shall be made to the finance department of the city in conformance with the procedures established by the director of finance. A Ordinance No. NS-2921
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"registration fee" for the administrative cost therefore shall be made; provided, however, that the reversion of responsibility for water charges from a tenant to a previously registered property owner or other customer possessing the legal right to act as a lessor, at the time of the termination of such tenant's tenancy, shall not constitute a new application for turning on water or transfer of responsibility for water charges and shall not be subject to the "registration fee."
(b) Transfer of responsibility. Within the meaning of this chapter, a transfer of responsibility for water charges occurs when any of the following conditions are met:
(1) The owner or other customer possessing the legal right to act as a lessor, or his authorized agent, informs the department of finance that a tenant has assumed lawful control of the property or premises or that there has been a change of lawful tenants; alternatively, the initial tenant or a new incoming tenant informs the department of finance that they have assumed lawful control of the property or premises. (2) A lease or other rental agreement (signed by the owner or his authorized agent) is provided, clearly specifying that the named tenant shall be responsible for municipal utility services in tenant's own name. A triple-net lease or other written agreement obligating a tenant to pay charges for water services and other municipal utility services provided to the property or premises in the name of the owner or lessor shall not constitute a transfer in responsibility, and liability for the payment of water charges shall be deemed to remain with the owner or lessor. (c) Deposit. Each applicant, except for the property owner of record, shall make a water service deposit at the time of making an application for turning on water or transfer of responsibility in an amount as set forth by resolution of the city council.
The deposit may be refunded or applied as an account credit if and when all municipal utility services account bills rendered have been paid before their delinquent date for a period of one year.
(d) In the event occupant(s) of any property or premises having registered a municipal utility services account and transferred municipal utility services into their own name as tenant(s), pursuant to a lease or other rental agreement (signed by the owner or his authorized agent) clearly specifying that the named tenant(s) shall be responsible for municipal utility services in tenant(s)' own name, thereafter quit or otherwise vacate the premises, then responsibility for future charges shall revert to the municipal utility services account of the property owner.
Sec. 39-17. - Applications for new water service and change in service size or relocation.
(a) Any person desiring to request a new water service or change the size or location of an existing water service shall make application to the agency for such addition or change. The agency, if in its judgment determines that the change in service size or location is advisable, will issue a permit authorizing the change. The agency Ordinance No. NS-2921
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reserves the right to make the final determination of the size of the service connection and its location. An applicant requesting the new water service or requesting the change in service size or location shall be liable for all costs. New locations and changes of the location or the size of water service must be built to city specifications by a private contractor, to be hired by applicant and inspected by city. (b) Meters for new water service, resized service, or relocated service shall be installed by the city. Fees for the service application, meter and installation shall be payable in advance prior to issuance of an occupancy permit. (c) The city shall furnish the meters.
(d) The material used for the installation of new water service or change of the size or the location of water service shall conform to the water system design standards in accordance with section 39-3(a).
(e) Before new water service will be permitted by the city, the customer shall obtain any approval of facilities furnished or installed by customer, which may be required by the Planning and Building Agency or the Orange County Fire Authority or any other authority whose approval is required by law.
Sec. 39-18. - Facilities declared property of city; cost of repairs.
All facilities, including but not limited to water meters, meter boxes, fire hydrants and fittings installed by the city, shall remain at all times the property of the city. Where replacements, repairs, or adjustments of any facility are rendered necessary by the act, omission, or negligence of the customer or of any person occupying the premises with the consent of the customer, any expense incurred by the city shall be charged against and collected from the customer. If the customer fails to pay such fees, the water may be shut off until such fees are paid.
Sec. 39-19. -Water rates, service charges, fees and costs. (a) Water commodity consumption and service charges
(1) Commodity charges. Quantitative consumption rates shall be charged in the amount which the city council shall establish by resolution and in accordance with applicable law.
(2) Basic service charges. Charges shall be made for services rendered to provide and maintain a potable water supply and to provide standby readiness in the amounts established by and for the purposes described in the resolution adopted by the city council and in accordance with applicable law.
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(3) Multi-family per unit charge. Basic service charges shall be applied to developments that meet the definition of multi-family dwelling/accommodation where the individual units are not individually metered by the city. (4) Private fire service protection charge (fire line charge). A charge shall be made for the service rendered to provide readiness to deliver relatively large quantities of water for short periods of time for on-site private fire protection and suppression systems in the amounts established by and for the purposes described in the resolution adopted by the city council and in accordance with applicable law. (b) Fees to establish water service. All applicants, prior to connecting to a water main or prior to an increase in size of an existing water meter or service, shall apply and obtain a permit to do so and pay the following fees in amounts as established by resolution of the city council.
(1) New water service application fee- see Sec. 39-17.
(2) Water meter cost and installation fee -see Sec. 39-17. (c) City is authorized to charge/levy the following administrative and other fees and deposits in an amount established by resolution of the city council:
(1) Meter turn on or meter turn off fee during weekdays for new water turn on services and delinquent accounts- see Sec. 39-20(e).
(2) Afterhours turn on or turn off fee during afterhours and holidays for new water turn on services and delinquent accounts when requested by customer- see Sec. 39-20(e).
(3) Special investigation/meter reread fee when requested by customer or when meter was inaccessible at the time the routine meter read was attempted by the city- see Sec. 39-20(c).
( 4) Meter removal fee or meter resetting fee (to re-install meter when meter was removed for non-payment or for violation of City Code) - see Sec. 39-20( e). (5) Meter test fee (when requested by customer)- see Sec. 39-21 (a). (6) Temporary construction meter deposit- see Sec. 39-24. (7) Temporary construction meter daily rental fee- see Sec. 39-24. (8) Field collection fee- see Sec. 39-20(j).
(9) Return payment service fee - see Sec. 39-20(m).
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(1 0) Fire flow test application fee- see Sec. 39-28.
(11) Fire flow test witness fee- see Sec. 39-28.
(12) Backflow preventer third-and-final notice generation fee - see Sec. 39- 29(e).
(13) Water service deposit- see Sec. 39-16(c).
(14) Backflow device testing administrative fee- see Sec. 39-29(e). (15) Registration fee - application for turning on water and transfer of responsibility- see Sec. 39-16(a).
(16) Tag fee- see Sec. 39-20(d).
(17) Removal of unauthorized "straight pipe" connections fee - see Sec. 39- 20(k).
(18) In street cut-off (of water services) fee- see Sec. 39-20(1). (19) Meter read trip fee- see Sec. 39-20(e).
(20) Abstract of billing history fee- Whenever a customer of record or his agent requests a history of charges and/or fees billed to a municipal utility services account registered in the name of the customer, an abstract of billing history shall be provided and an "abstract of billing history fee" shall be added to the customer's next regularly scheduled municipal utility services account/billing statement. Whenever such request is made by a third party pursuant to customer's letter of authorization, the fee shall be payable in advance.
Sec. 39-20. - Payment of water bills and penalties; municipal utility services account/billing statement.
(a) Date payment due. Water commodity consumption charges, and related water service charges (including any fire line charges), and other fees and penalties shall be stated as part of a municipal utility services account/billing statement along with refuse related charges as established pursuant to section 16-38 of this Code, sanitation related charges as established pursuant to section 18-601 et seq. of this Code, sewerage related charges as established pursuant to section 39.55.1 et seq. of this Code, and all above related corresponding associated penalties, and are due and payable to the department of finance on the date of presentation and become delinquent thirty (30) days after the date of such presentation, except that when the thirtieth (30th) day falls on a weekend, city holiday, or city hall closure day, such bills shall be due on the next following city working day. Any charge for water supplied to Ordinance No. NS-2921
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any customer, or any related charges or fees (including fire line charges), together with any refuse service, sanitation service, sewerage service charges, fees, or penalties due to the city from such customer, or due from any person who has applied for water service, as herein provided for, shall be added to any billing being currently rendered to such person, and the same shall become a part of his current municipal utility services account/billing statement for water service and subject to all of the provisions of this chapter. Partial payments made upon municipal utility services account/billing statements shall be applied in the following order: (1) refuse service related charges, (2) sanitation related charges, (3) sewerage service related charges, (4) water service commodity consumption charges and related charges (including fire line service charges) and fees established pursuant to section 39-19 of this Code, and (5) corresponding penalties as provided respectively under sections 16-38(c), 18-603(b ), 39-55.2(a), and 39-20(d) of this Code.
(b) Failure of meter to register correctly. If a meter fails to register during any period, or is known to have registered inaccurately, the customer shall be charged for a seasonally adjusted average daily consumption for a period of similar duration determined when the meter was registering accurately.
(c) Meter reread and meter investigation. When a meter box is inaccessible at the time the routine meter read was attempted by the city or when consumption occurs in connection with a previously turned off meter, or when a customer requests that the city verify the accuracy of the read as shown on the bill, the customer shall be charged a "special investigation/meter reread fee" as established by resolution of the city council for sending a field representative to the service address to investigate the meter and obtain a reading or rereading of the meter. If the reading or rereading shows that the previous read is in error, no special investigation/meter reread fee will be imposed; otherwise such charge shall be added to the customer's next regularly scheduled water bill.
(d) Penalties. A penalty of ten (10) percent shall be assessed on the unpaid balance of all unsatisfied municipal utility services account/billing statement charges, fees, and penalties thirty (30) days after the presentation date, in accordance with subsection (a) of this section. Thereafter, a past due notice shall be presented to the customer. On the next city working day following the seventh (7th) day after the date of presentation of the past due notice, the water service shall be subject to turn off at the premises. Two (2) days before the intended turn off of water service, a discontinuance of service notice for non-payment "turn-off tag" shall be affixed to the premises and a "tag fee" imposed for such notification service. Thereafter, service may be discontinued if the bill is not satisfied within the time required by such notice. Once turned off, water service shall remain off until all charges, penalties and fines have been paid, unless an application to have the water turned on is received accompanied by evidence satisfactory to the department of finance of change of ownership or change in tenants.
Upon the receipt of such evidence, the application for turning on water or transfer of responsibility for water charges shall be processed as provided for in section 39-16.
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(e) Turn off and turn on of service. When the water has been turned off for non-payment or for the violation of any provision set forth in this code or any ordinance, regulation or requirement of the city, such water shall not be turned on again unless the violation has been corrected and all charges and penalties have been paid, unless the turn off is exempt from such payment by reason of change of person receiving service.
A "meter turn on fee" and "meter turn off fee" shall be made for each separate trip to the premises for the purposes of turning on or turning off water service during weekdays for new water turn on services and delinquent accounts and whenever otherwise requested by customer; provided, however, that turn on or turn off of water service during afterhours and holidays for new water turn on services and delinquent accounts when requested by customer, shall be subject to a special "after hours turn on or turn off fee" as established by resolution of the city council. After a water meter has been turned off for a period of seven (7) days, the meter may be removed from the service. A "meter removal fee" as established by resolution of the city council shall be made for the cost of meter removal. A "meter resetting fee" as established by resolution of the city council shall be made for the reinstallation of the meter and the turning on of the water. A "meter read trip fee" as established by resolution of the city council shall be payable for each trip to a customer's premises for the purposes of performing a meter read for closing out of service, or for start of service, or for transfer of responsibility for service.
Fees as herein provided shall be added to the next water bill issued after date of turn off, turn on, special investigation/reread, meter resetting/reinstallation or other designated trip, provided the amount is not collected in advance of the turn off, turn on, special investigation/reread, meter resetting/reinstallation, or other designated trip. For the purposes of this article, the term "trip" shall not include the regularly scheduled routine reading of customers' meters.
(f) Closing bill. Upon the rendering of the final bill for service, the city shall not refund any credit balance or deposit of less than one dollar ($1.00); any checks returned that cannot be delivered or are unclaimed shall be forfeited unless the applicant applies for refund within twelve (12) months. (g) Individual liability for joint service. Two or more persons who join in one application or contract for service shall be jointly and severally liable thereunder and shall be billed by means of a single periodic bill presented to the person designated in the application process to receive the bill.
(h) Change of address. Water service shall not be given to any customer upon change of address until all delinquent charges owing thereon at a former place of residence or business have been paid.
(i) Transfer of charges. When a customer maintains separate water service at multiple premises in the city under the same name or identity of ownership or tenancy, and water service has been discontinued at one premises for non-payment, the department of finance may transfer the unpaid balance owing from the account to Ordinance No. NS-2921
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which service has been discontinued to any other account belonging to the customer for which water service remains ongoing.
(j) Field collection fee. When a representative of the city collects payment of delinquent charges owing from a customer or customer's agent in the field, in lieu of performing a turn off or removal of customer's meter, a "field collection fee" shall be applied and collected from the customer or his agent at the same time as all other delinquent charges and fees owing are collected.
(k) Removal of unauthorized "straight pipe" connections. Whenever a customer has connected to the city's water service through an unauthorized straight pipe connection, the city shall cause such connection to be removed and a "removal of unauthorized straight pipe connections fee" as established by resolution of the city council shall be made and billed to the customer.
(I) In street cut-off of water services. Whenever, in the discretion of the director of public works any customer's access to the water service must be physically severed by means of an in street cut-off of water service, whether due to authorized turn on of water service, or unauthorized straight pipe connection, or other violation of city code, an "in street cut-off fee" as established by resolution of the city council shall be made and billed to the customer.
(m) Any charge, fee, or deposit owing to the city which has been paid by an instrument such as a check or draft which is dishonored upon presentation for payment, shall be void and of no effect from its inception. The director of finance, may, in his discretion, withhold the effect of this provision if the instrument is redeemed within fifteen (15) days of its return. Payment of charges, fees, or deposits following a dishonor of such instrument upon presentation for payment shall thereafter be made only by credit card, cashier's check, money order, or cash, which amount shall include any applicable penalty, as well as a "return payment service fee". The director of finance shall be authorized to reject payment other than by cash, cashier's check, or money order from such customer or such customer's agent for a period of two (2) years following any such dishonor.
(n) Water service commodity consumption charges and water related charges and fees established pursuant to section 39-19 of this Code, and any corresponding penalties accrued for failure to make timely payment therefore pursuant to section 39-20 shall be a civil debt owing to the city.
Sec. 39-21. -Testing of meters; leaks.
(a) A customer may request the agency to test the meter serving his premises. The customer shall be charged a "meter test fee" to cover the cost of such test. The fee shall not be applied if the meter is found to register not more than two (2) percent fast. The customer shall have the right to observe the performance of the test, and a written report of the test will be given to him upon request.
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(b) When upon test, a meter is found to be registering more than two (2) percent fast, the city will refund to the customer the amount of the overcharge based on corrected meter readings for the period the meter was in use, but not exceeding a period of six (6) months.
(c) When upon test a meter two (2) inches or less in size is found to be registering more than twenty-five (25) percent slow, the city may bill the customer for the amount of the undercharge based upon corrected meter readings, seasonally adjusted for the period the meter was in service, but not exceeding a period of four (4) months.
(d) When upon test a meter three (3) inches or larger in size is found to be registering more than five (5) percent slow, the city may bill the customer for the amount of the undercharge based upon corrected meter readings, seasonally adjusted for the period the meter was in service, but not exceeding a period of four (4) months. (e) Customers are required to keep their plumbing pipes, service pipes, and all facilities on the customer's side of the meter in good order and are required, at their own expense, to locate and repair any leaks. It is not the city's responsibility to locate or repair any water facility on the customer's side of the meter. No allowance will be made on a customer's bill for loss of water, once the water is delivered to the customer's side of the water meter.
Sec. 39-22. - Finance director; responsibility; administrative authority. (a) The director of finance shall have responsibility for administering the city's consolidated municipal utility services accounts (refuse and refuse related, sanitation and sanitation related, sewerage and sewerage related, and water and water related, including fire line service) as they correlate to account establishment and maintenance, billing, payment processing, collection, and customer service operations. (b) To efficiently and equitably implement the purpose and intent of the general provisions of this chapter subject to his administration, including those portions of chapters 16 and 18 of this Code relating respectively to refuse service charges and sanitation service charges in connection with municipal utility services accounts/billing statements, the director of finance may vary and adjust the strict procedural, billing, collection, enforcement, or other administrative requirements. In addition, the director of finance shall have the power, for good cause shown, to waive, abate, adjust, refund, or reduce any commodity consumption, charge, other charge, fee, or penalty imposed, or deposit demanded. The director of finance may in his discretion exercise this authority on a case-by-case basis in connection with any individual applicant or customer, or other person or legal entity, or on a class-by-class basis in connection with any category, class or subclass of applicants, customers, or other persons.
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(c) In connection with the above described chapters and provisions subject to his administration, the director of finance shall have the authority to settle, discontinue, or waive the collection of any claim, or class of claims, for good cause shown, or if it appears that further proceedings would be without merit, or if the administrative or legal cost therefore would be excessive, or if the amount of the claim in question is de minimus. A claim, or class of claims, shall be deemed to be de minim us whenever the total amount of the claim is determined by the director of finance to be equal to or less than the total anticipated administrative costs associated with collecting the amount.
The director of finance may in his discretion determine this amount on a case-by-case basis or on a class-by-class basis.
(d) The director of finance shall have the further authority to interpret, make rules and regulations, and establish guidelines not inconsistent with the provisions of this chapter, subject to his administration, or those portions of chapters 16 and 18 relating respectively to refuse service charges and sanitation service charges in connection with municipal utility services accounts/billing statements, as may be necessary or desirable to aid in the administration or enforcement of such provisions, including the establishment of service hours for scheduled water service turn on and turnoff, as well as afterhours periods for the performance of unscheduled water service turn on or turn off.
Sec. 39-23. - General regulations.
(a) There shall be the following types of water services:
( 1) Domestic-residential. Domestic-residential water service shall be used to serve domestic water to residential units, including single-family detached homes, single family attached units, residential units within multi-family developments such as apartments, condominiums, and townhomes, residential units within a mixed-use development, and mobile home spaces.
(2) Domestic-commercial. Domestic-commercial water service shall be used to serve domestic water to motels, hotels, restaurants, office buildings, commercial centers, and strip malls.
(3) Domestic-municipal. Domestic-municipal water service shall be used to serve domestic water to federal, state, county, and city government offices, buildings and parks.
(4) Domestic-industrial. Domestic-industrial water service shall be used to serve domestic water to industries such as chemical and allied products, food, mining, paper and allied products, petroleum refining, and steel. (5) Domestic-institutional. Domestic-institutional water service shall be used to serve domestic water to hospitals, convalescent homes, developmental facilities, long Ordinance No. NS-2921
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term care facilities, nursing homes, psychiatric facilities, rehabilitation facilities, and developmental disability facilities.
(6) Domestic-common area. Domestic-common area water service shall be used to serve domestic water to clubhouses, on-site laundry rooms, recreational areas, exercise rooms, drinking fountains, cooling equipment and make up water for recirculating decorative fountains.
(7) Irrigation. Irrigation water service shall be used for irrigation systems to establish and maintain landscape areas, lawns, trees, gardens, and shrubs; assist crop and pasture growth; or to maintain vegetation on recreational lands such as parks, sports fields, and golf courses. Irrigation includes water that is applied for pre-irrigation, chemical application, weed control, field preparation, harvesting, and dust suppression.
Irrigation water service shall be used to irrigate all non-residential irrigated landscapes of 1 ,000 sq. ft. and residential irrigated landscape of 5,000 sq. ft. or greater. (8) Industrial. Industrial water service shall be used to serve water to industries that use water in their manufacturing or any portion of their fabrication or process systems.
(9) Recycled water. Recycled water service, if available, shall be used in accordance with section 39-38.
(10) Fire protection. Fire protection services shall be used for fire protection systems pursuant to the local fire code as specified in section 39-27. (b) There shall be the following metering requirements:
(1) Each individual residential unit, commercial unit, industrial unit, and mobile home space shall be individually metered by city or submetered as required by applicable law.
(2) Residential lots with landscape area over 5,000 sq. ft. shall be required to have a dedicated irrigation service and water meter.
(3) Non-residential lots with landscape area greater than 1 ,000 sq. ft. shall have dedicated irrigation service and water meter.
(4) At the discretion of the director of public works, master metering can be allowed if site conditions prohibit the installation of individual meters, or submeters are proposed by the developer.
(5) Newly constructed multiunit residential structures or newly constructed mixed-use residential and commercial structures for which an application for a water connection, or more than one connection, is submitted after January 1, 2018, shall at Ordinance No. NS-2921
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the owner's sole cost and responsibility have a measurement of the quantity of water supplied to each individual residential dwelling unit as a condition of new water service.
The measurement may be by individual water meters or submeters. The owner shall be required to install and read such meters, unless otherwise agreed by the city. (6) Multifamily dwellings and common interest developments including apartment complexes, condominiums, townhomes, mixed use developments, and mobile home parks with common area amenities shall have a dedicated domestic common area water service and meter.
(c) Meter required. Every water service, except fire protection services meeting conditions of section 39-27, shall have a meter installed in the service line in the public right-of-way or a dedicated easement.
(d) Maintenance of customer's facilities. Customers shall prevent all waste of water and keep their service pipes, all plumbing fixtures, pipes, and other apparatus (except facilities owned by the city) in good repair and free from leakage and backflow at their own expense. Customers shall be liable for all damages which may result from the customer's failure to maintain such facilities in good repair and free from leakage and backflow.
(e) Vacated premises. Water rates will be charged for vacated premises until the city is notified of the discontinuance of the use of water, and is requested to turn off the water.
(f) Admittance to premises. Any authorized employee of the city shall be admitted at all reasonable hours to all appropriate parts of the premises supplied with water to see that the provisions of this article, resolutions adopted pursuant hereto, and administrative regulations published in accordance herewith are carried out. (g) Unauthorized turn-on or tampering. No one except an authorized employee of the city shall turn the water on or off from or to any premises at any city curb stop, or connect or disconnect, or in any way tamper with, any pipes in the meter boxes or with any other part of the water system of the city. (h) Resale or distribution. No customer supplied by the city shall commercially supply water to any other person on property other than the premises for which the customer has applied for service, except as may be permitted by special agreement with the agency. Water used by any customer shall be restricted to that use specified in the application or permit for such service. (i) Utility emergency requirements. All faucets, sprinklers, hose nozzles, or other continuous streams must be shut off promptly upon the sounding of an alarm of fire or upon notice of other emergency or major disaster. The water shall not be turned on again until the fire is known to be extinguished or the required repairs have been made.
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(j) Shut-offs for extensions and repairs. The city reserves the right upon reasonable notice, if possible, at any time to shut off the water in its mains for the purpose of making extensions or repairs, or for other purposes, and all persons having boilers within their premises not supplied with tanks or cisterns, but depending upon the pipes of the city to keep them supplied, shall caution against the danger of collapse. (k) Responsible owner or applicant. In all cases where water is supplied to several tenants from one connection or tap, the city contracts only with the person designated on the application. Failure by such person to comply with the provisions of this article, or with resolutions or regulations enacted or adopted pursuant hereto shall be sufficient cause to disconnect all service until such ordinances, resolutions or regulations are complied with.
(I) Right of agency to install facilities. The city shall have the right at any time, and at any point for good cause, to install or change any water meter, detector check, backflow preventer, and fittings as required by this article, and the customer shall bear all costs for work so performed. Failure to pay for these facilities as set forth in this article shall relieve the city of any responsibility to provide any service and the service shall be disconnected until full payment of costs, interest, and penalties has been made to the city.
(m) Nonliability of city for interruption in service. The city shall not be liable for damage resulting from interruption of service, shortage, insufficiency, or quality of supply.
(n) Notice to customer for shutdown of service. In case of emergency or during normal water system maintenance and repair operations, whenever possible, all consumers affected will be notified prior to any shutdown of service. (o) Temporary shutdowns authorized. Temporary shutdowns may be restored by the city for improvements and repairs and the city shall not be liable for any loss or damage occasioned thereby.
(p) Inspecting apparatus-Right of city. The city reserves the right of inspection of customer's apparatus at all times.
(q) Resale of water prohibited. Where submeters are utilized, customer shall not resell to another person at any charge higher than his pro rata share of the total charges as rendered by the agency.
(r) Pressure and supply. The city assumes no responsibility for loss or damage because of high water pressure or lack of water or pressure and merely agrees to furnish such quantities and pressure as are present in its general distribution system.
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system. Any pressure regulation to control water pressure greater than 80 psi (pounds per square inch) shall be the responsibility of the customer. (s) Curb stops. There shall be a curb stop or valve in every attachment just inside the curb at a point to be designated by the city. The curb stop and box will be supplied by the city and shall be for its exclusive use and under its exclusive control. (t) Damage to customer's property. The city will not be responsible for damages to buildings or their contents from any break in a water pipe beyond the street service box. Water customers shall, for their own protection, provide at their own expense another valve at the first suitable point beyond the meter. (u) Unused service connection. Any service connection which has been installed for a period of ten (10) years or more and has not been activated for ten (10) years shall be considered inactive and obsolete. Any person desiring water service for such premises or any portion thereof formerly supplied by the inactive service shall make application for a new service connection and pay the current charge therefore. (v) Meter box or hydrant obstruction. No person shall place trash, dirt, building materials, or other objects or obstructions on or around meter boxes or on, around, or adjacent to city hydrants. No person shall allow the meter boxes or hydrants to become obstructed or obscured by vines, trees shrubs, plants, or in any manner so as to make their location difficult to determine, or so as to interfere with or render difficult free access to, or use of, meter boxes or fire hydrants. In the event of obstruction or obscuring, notice shall be given by the agency to the property served by such meter, or adjacent to such hydrant; such notice shall contain the requirement that the obstruction be removed within twenty-four (24) hours. Where a meter box is obstructed or obscured so that it cannot be read, a "special investigation/meter reread fee" shall be made for returning to read the meter.
(w) Responsibility of city. The city's responsibility ends at the customer's side of the meter or where the city's facilities terminate.
(x) Above ground water system appurtenances. Fire hydrants and aboveground backflow prevention devices, fire connection stand pipes and above ground meters shall be entirely color coded as follows:
Public fire hydrant
Private fire hydrants
Irrigation meter and Backflow Prevention Device
Domestic meter and Backflow Prevention Device
Fire Backflow Prevention Device and fire connection standpipes White
OSHA Red
Green
Blue
OSHA Red
All colors shall follow the city's standard specification as established by the agency.
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(y) Fire hydrant location. Fire hydrants shall be installed in locations specified by the agency. If an applicant requests, and the agency approves, a change in the size, type, or location of specified hydrants may be made. The applicant shall pay any additional costs required to comply with the request.
Sec. 39-24. -Temporary service; fire hydrant meters.
(a) Use of fire hydrants as temporary water service. City fire hydrants are provided for the primary purpose of extinguishing fire and shall be opened and used only by the agency, fire department, or such persons as may be authorized by permit.
No person shall draw water from any fire hydrant without a permit. Water shall be drawn from hydrants by use of a standard fire hydrant wrench, an auxiliary valve, and meter.
Such auxiliary valve and meter shall be placed on the fire hydrant outlet with the auxiliary valve closed before any fire hydrant valve is opened. Any person using a fire hydrant without the required permit, tools, and meter may be charged with theft of water.
(b) Permits shall be issued in the following manner:
(1) Permits shall be issued for a period not to exceed six (6) months.
Renewals for the same location or permits for a different location may be granted only after the city has inspected the meter for damage or tampering and has determined the amount of water used as recorded by the meter and that all bills due and payable have been paid or that the amount of deposit is adequate to cover all unpaid bills or cost of repairs.
(2) Permits shall not be granted to any individual business or agency known to be in violation of any provision of this Code.
(3) Permits shall show the name and address of the permittee, the date issued, the expiration date, the number and location of each hydrant from which water may be obtained, and the amount of money deposited.
( 4) Deposits may be transferred from one permit to another only if all the conditions of (1) and (2) above have been met.
(c) Deposit and fees. Upon granting any permit under this section, the agency shall require the applicant to make a deposit as set by resolution of the city council sufficient to cover cost of meter with stand, auxiliary valve, and hydrant wrench.
Deposits will be refunded upon the return of undamaged meter and tools and payment for water used. All or part of the deposit may be forfeited for failure to report the amount of water used monthly, for failure to pay any bill, or for failure to return any meter and tools issued to the permittee.
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(d) Fees. A daily meter rental fee as set by resolution of the city council, in addition to the cost of water used, shall be charged for each day the meter is in possession of the permittee. A minimum fee equal to the total of the daily rental charge for five (5) days shall also be established. The rental and cost of the water used may be deducted from the deposit.
(e) Timing. Upon completing the Fire Hydrant Meter Permit Application, a fire hydrant meter will be installed by the city at the location specified in the permit within forty-eight (48) hours of the completed application.
Sec. 39-25. -Water measurement.
(a) Every water service as defined in this chapter shall be metered. (b) Water services shall be designated according to the type of use as defined in this chapter.
(c) Only duly authorized employees or agents of the city shall be permitted to install water meters. Following the final acceptance of the water service and meter, the meter and the service connection shall belong to the city and are the sole property of the city.
(d) Meters will be read at regular intervals for the preparation of regular bills and as required for the preparation of opening bills, closing bills, and special bills.
Sec. 39-26. - Continuity of service.
(a) The city will exercise reasonable diligence to furnish a continuous and sufficient supply of water to its customers and to avoid any shortage or interruption of delivery thereof. It cannot, however, guarantee a continuous or sufficient supply or freedom of interruption.
(b) The city shall not be liable for interruptions or shortage of supply, nor for any loss or damage occasioned thereby.
(c) Whenever, in the operation of the city's water system, interruption in the delivery of water to customers results from or is occasioned by cause other than the exercise by the city of its right to temporarily suspend the delivery of water for the purpose of making repairs or improvement to its system, notice of any such interruption will not be given to the customers of the city, but the city shall exercise reasonable diligence to reinstitute delivery of water.
(d) The city, whenever it shall find it necessary for the purpose of making repairs or improvements to its system, shall have the right to temporarily suspend the delivery of water. In all such cases, as reasonable notice as circumstances will permit will be given to the customer, and the making of such repairs or improvements will be Ordinance No. NS-2921
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completed as rapidly as may be practicable and at such times as will cause the least inconvenience to its customers.
Sec. 39-27.- Private fire protection service.
(a) The use of separate fire protection services shall be limited to servicing structural and buildings fire sprinkler systems, fire hoses, on-site fire pumps, fire department connection standpipes, and fire hydrants. No such service shall be used for any purpose other than flushing, fire flow testing, and the extinguishment of fires. All such services shall be equipped with an approved double check valve assembly in accordance with section 39-29(i) at the expense of the owner. (b) A private fire protection service required to be flow tested routinely shall be equipped with an appropriately sized fire service meter approved by the Orange County Fire Authority.
(c) For non-residential tenant improvement projects that require a permit, plan check, or design review costing $50,000 or more, an approved double check valve assembly shall be installed on the existing private fire service.
Sec. 39-28. - Fire flow tests.
Fire flow tests shall be performed by a certified fire protection professional. An application shall be submitted and a permit issued to the individual requesting the test prior to conducting the test. The flow test must be witnessed by a representative of the agency. A fire flow application fee and a fire flow witness fee, as set by resolution of the city council, shall be the responsibility of the applicant.
Sec. 39-29. - Protection of public water supply.
(a) State regulations adopted. The regulations of the State of California related to Drinking Water Supplies, Title 17, as they are now in effect or as they may be amended in the future, insofar as the same are applicable to the protection of the water supply of this city, are hereby adopted, incorporated herein and made a part hereof. (b) Purpose; applicability.
(1) The purpose of this section is:
(A) To protect the public water supply against actual or potential cross- connection by isolating within the premises contamination that may occur because of sorne undiscovered or unauthorized cross-connection on the premises; Ordinance No. NS-2921
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(B) To eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption;
(C) To eliminate cross-connections between drinking water systems and sources of contamination; and
(D) To prevent the making of cross-connections in the future. (2) It is unlawful to make or maintain, for any period of time whatsoever, any cross-connection between plumbing pipes or water fixtures being served with water by the agency and any other source of water supply, or to maintain any sanitary fixture or other appurtenances or fixtures which may cause or allow backflow of water or other substances into the water supply system of the city and/or the service of water pipes or fixtures of any customer of the city.
(3) No water service connection to any premises of a type specified in subsection (i) of this section shall be installed or maintained unless the public water supply is protected as required by applicable state regulations and this section. (c) Approval.
(1) Each backflow preventer required hereunder shall be approved by the agency prior to installation and shall be installed by and at the expense of the customer for continued service or before a new service will be granted. (2) The agency shall approve a device when the device has received approval by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California (or other qualified organization as designated by the agency), and will provide desired service and reliability. The agency shall provide, upon request, to any affected customer, a list of approved devices. (d) Installation.
( 1) Devices shall be installed as close as practical to the customer's service connection and shall be installed above grade in an accessible location approved by the agency.
(2) Devices shall have at least the same cross-sectional area as the water meter. In those instances where it is determined that a continuous water supply is necessary, two (2) sets of devices shall be installed in parallel. Where parallel devices are required, the sum of the cross-sectional areas of the devices shall be at least equivalent to the cross-sectional area of the meter.
(e) Maintenance, testing, and records.
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(1) The customer shall test and service such devices at least once a year and immediately after installation, relocation, or repair. A report, in a form acceptable to the agency, which sets forth the results of such test(s) shall be filed immediately with the agency. The agency may require a more frequent testing schedule if it is determined to be necessary and all costs shall be borne by the customer. (2) Devices shall be serviced, overhauled or replaced whenever they are found to be defective. All costs of such service, overhaul or replacement, including testing, repair, and maintenance shall be borne by the customer. The agency may require device information, such as location and pictures, to be submitted with the test forms.
(3) The agency will supply affected customers with a list of persons acceptable to the agency to test devices.
(4) The agency will notify affected customers when annual testing of a device is needed. Failure to notify shall not relieve the customer of the obligation to test and service its devices.
(5) Upon the issuance of a third and final notice to test a device, the agency may impose a backflow preventer third-and-final-notice generation fee in an amount established by resolution of the city council.
(6) The city reserves the right to hire a private tester to test the device and bill the customer for the cost of the test plus a backflow device testing administrative fee as set by resolution of the city council, which shall be the responsibility of the applicant, if a device has not been maintained and tested within six months, or one hundred eighty (180) days, from the date when the first notice regarding testing was mailed.
Reasonable efforts to notify the customer of the impending testing will be made. (f) Backflow prevention device removal.
( 1) Notification and approval. The agency must be notified and approval must be obtained from the agency before a device is removed. (2) Removal in general. The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the agency to verify that a hazard no longer exists or is not likely to be created in the future. (3) Removal for relocation. A device may be relocated following confirmation by the agency that the relocation will continue to provide the required protection to satisfy installation requirements. A retest will be required, prior to return to service, following the relocation of the device.
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(4) Temporary removal for repair. A device may be removed for repair or service, provided water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with backflow protection approved by the agency. A retest will be required, prior to return to service, following the repair or service of the device.
(5) Temporary removal for replacement. A device may be removed and replaced, provided water use is discontinued until the replacement device is installed.
All replacement devices must be approved by the agency prior to being put into service and must be commensurate with the degree of hazard involved. A retest will be required, prior to return to service, following the replacement of the device. (g) Water system survey.
(1) Plans and specifications must be submitted to the agency upon request for review of possible cross-connection hazards for new or existing service connections.
If it is determined that a device is necessary to protect the public water system, the required device must be installed before service will be provided or continued. (2) The agency may conduct an on-premises inspection or reinspection to evaluate cross-connection hazards. Any customer which cannot or will not allow an on premises inspection of their piping system shall be required to install the device the agency considers necessary.
(h) User supervisor. At each premises where it is necessary in the opinion of the agency, a user supervisor shall be designated by and at the expense of the customer. This user supervisor shall be responsible for the monitoring of the devices and for avoidance of cross-connections. In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the agency shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The customer shall inform the agency of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs. (i) Type of protection required.
(1) The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the customer's premises. The type of device shall be one of the following:
(A) Approved air gap separation (hereinafter "AG");
(B) Approved double check valve assembly (hereinafter "DC"); or (C) Approved reduced pressure principle assembly (hereinafter "RP").
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(2) The customer may choose a higher level of protection than required by the agency. The minimum types of backflow protection required to protect the approved water supply at the customer's water connection to premises, with varying degrees of hazard, are provided in Table 1 below. Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis, and the appropriate backflow protection shall be determined by the agency.
(3) In those instances where conditions warrant, the agency may modify the minimum installation herein indicated as appropriate to provide a degree of protection commensurate with the degree of hazard.
TABLE 1. TYPE OF BACKFLOW PROTECTION REQUIRED
Minimum !
Type IDegree of Hazard
....... I
1. I Aircraft and missile plants
:-2.r-··i :3. T...
Automotive plants
Auxiliary water systems (interconnected)
l-4~f
r-s.-r-
6.f-
7. r
Auxiliary water systems (not interconnected}
Beverage bottling plants
Boilers
Breweries
.. ~······Buildings greater th~~3~t;ries or greater than 34 feet in height from 8 · 1 curb level----;----
9. !
10.!
I
11. 1
I
12.\
13.1 i - ----i
14.1 15.[
16. I
17.1 Buildings with 2 or more service connections (interconnected} Buildings with house pumps and/or potable water storage tank Buildings with wastewater pumping and/or treatment plants (not interconnected)
Canneries
Car wash facilities
Centralized heating and air conditioning plants
Chemical plants
Chemically treated potable water systems
Civil works (facilities not subject to city plumbing inspection) of Backflow I
~r~t~ctio~j
RP I
··-·-· ..J
RP I
RP I
RP I
I
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--····----~- .. ····~-----
18. Commercial laundries
-- ------ ----..--------------~---·-- --- ····-· ··- ,,,., __________- Cooling towers
·-- -------·-···-··-·.. ------ -------·-·-·-------------· -- - - ---~-------~-- Dairies and cold storage plants
... --·--·------............-----·--- -- . . . ... -····-...,_ Dye works
. -·- ....... - ..- ----------------- ----·- -------- -- --- -· ------------------------ - ._________., _______________.
Film processing laboratories I RP I-------------- -- --------- --------------------- ------ - ___ ! ____________________ Fire protection system with biological or chemical additives I RP Ii ---- + - ---- --- ----- - --- -- - ------- ---- --- ------- ------------ --- ---------------------------------- -------------- -- --------- --- ----·-r··------------- --- _____, Fire protection system with unapproved auxiliary water supply (not I DC interconnected) 1
--- Fi~~-;;~~~~cti~~-~yst~~~~~~~~~~~~~~~~f;~~~~;~;~~~~~~;;;;ly--f -----~p -- --1 f,:l······~f~1t~J~;~~;,~~f:~~f~!~~Z:~t~~····l ~~~
~-- ----r·------------------ -------------- ---------------------- - ----- -- -- -- r ----------- -----·-······--------------------
131 .1 Hospitals (major complexes) , RP ji32.[______ -------- -- -~~~~g~tion~y-~t~~s------------ ------ -- -~-·---_--_---RP_____I !33. ~- - - -L-;b~ratori~;~~ingl~~i~ ~-~~~~i~ls - --- - - - -~- ----- RP-- -~ ~rM·~f~::::o~~~::,~~~~t,~:tr:~¥:!~~:~:~~z~'f~::]
i36:f ------- -- ---M~cj~~~~;~-de~t~~-b~ilcji~~~-------·-··- - --------~-- RP____ '3?1 .. .... ········ M~bil;ho_~;p,k; -- . . ~ - F DC - • ::~r ---- Oil~~~:~-~~~~~~tr~~di~~liti~-;- ·- -·--··---··· ---r- ~~--1 ::r Premi"' wh~~~~?t;~,~~i::::::=""''~d) ~ T : ~I
Radioactive materials processing facilities 1 RP ____ I ·"!'"-
Restricted, classified, or other closed facilities I RP __ j Rubber plants ~- RP _ .J
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46. 47.
48. ,-----
49 Sand and gravel plants
Sewage and storm drainage facilities
Any premises where there is a repeated history of cross-connections being established or reestablished
Unapproved water systems or private piping systems constructed without the approval of the agency or the city's planning and building agency
Premises where entry is restricted so that inspections for cross RP
RP
RP
AG
50 connections cannot be made with sufficient frequency or at sufficiently RP short notice to assure that they do not exist
(j) Discontinuance of water service.
(1) Service of water to any premises may be discontinued by the agency, after notice, if a device is not installed, tested, and maintained as required by this section, or if any defect is found in an installed device, or it is found that a device has been removed or bypassed, or if unprotected cross-connections exist on the premises, or if the agency determines a hazard or potential hazard exists. Service will not be restored until such conditions or defects are corrected. (2) When the agency encounters water uses that represent a clear and immediate hazard to the potable water supply, the agency shall institute the procedure for discontinuing the city water service.
(3) Conditions or water uses that create a basis for refusal to provide or termination of water service shall include, but are not limited to, any of the following items:
(A) Refusal to install a required device.
(B) Refusal to test a device.
(C) Refusal to repair a faulty device.
(D) Refusal to replace a faulty device.
(E) Direct or indirect connection between the public water system and a sewer line.
(F) Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants.
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(G) Unprotected direct or indirect connection between the public water system and an auxiliary water system.
(H) A situation which presents an immediate health hazard to the public water system.
(4) Water service termination procedures shall include the following items:
(A) For conditions (3)(A), (3)(B), (3)(C) or (3)(0) of subsection (j) above, the agency will terminate service to a customer's premises after written notice has been sent, specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated.
(B) For conditions (3)(E), (3)(F), (3)(G) or (3)(H) of subsection (j) above, the agency will take the following steps:
(i) Make a reasonable effort to advise customer of intent to terminate water service.
(ii) Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the agency. (k) Information requests. Upon request, the agency will provide interested parties with copies of section 39-29, rules and regulations for the testing and maintenance of devices, and such other advice, information, illustrative sketches, drawings and data as may be necessary to familiarize the customers, engineers, architects and others with agency requirements.
Sec. 39-30. - Certification of water supply.
Before the issuance of any permit or variance or the signing of any tract map, parcel map, lot split, or improvement plans, a certification must be obtained from the agency stating that the water system supplying the property meets the requirements for the last rate classification of the city by the American Insurance Association in supply, distribution facilities and fire hydrants, or that the property is or will be served by the city.
Sec. 39-31.- Greywater systems.
No person shall construct or maintain a greywater system, as defined by the Water Code of the State of California. In order to avoid the potential health hazard presented by a greywater system, the public works agency may discontinue water service to any premises on which a greywater system has been installed until such system is removed.
Sec. 39-32. - Recycled water-Source of recycled water.
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(a) The city has agreed to buy recycled water from the Orange County Water District (OCWD) and to resell such recycled water, as contractor for OCWD, to water users located within the jurisdictional and service boundaries of the city. (b) Any city obligation to deliver recycled water is conditioned upon OCWD's completing and making operational the recycled water treatment and distribution system known as the Green Acres Project, including the distribution pipeline system necessary to provide recycled water to users; upon OCWD's making recycled water available for sale to users; and upon issuance of all necessary permits, certificates, and approvals by all federal, state and local regulatory agencies having jurisdiction over the construction and operation of water recycling facilities and over the production, distribution, sale and use of recycled water. Any obligation is further conditioned upon OCWD being able to acquire acceptable right-of-way access from the Green Acres Project facilities to the users' property for distribution pipeline purposes, and upon approval of all federal, state, and local agencies having regulatory jurisdiction or grant-funding responsibilities with regard to the Green Acres Project facilities.
(c) The city shall have no obligation to supply recycled water beyond that usable by the user on the property set forth in any recycled water user agreement.
Recycled water furnished by the city shall be provided solely for the user's use, and the user shall not resell any such recycled water.
Sec. 39-33. - Same-Pressure and quality of water purchased by user.
Subject to compliance by OCWD, all recycled water delivered to users from Green Acres Project facilities shall conform to the current and future requirements established by the California Regional Water Quality Control Board-Santa Ana Region, state and local health departments, and federal, state and county agencies having jurisdiction to establish minimum standards for the quality of recycled water. Recycled water shall be delivered on a continuous basis at the minimum and maximum pressures set forth in the user's recycled water user agreement.
Sec. 39-34. - Same-Ownership of valves and meters.
(a) The city shall own, operate, and maintain the control valves located on each side of the meter and the metering device installed on the service line to the user's property. At locations where recycled water is used exclusively, the city may convert existing service connections (including control valves and meters) from potable to recycled water system connections. The user will own and maintain all facilities on the user's side of the customer control valve. The user shall be held responsible and charged for all water passing through meters at its property. (b) The city reserves the right to determine the size of the recycled water pipeline, the type of pipe, the service connection required, and any and all other Ordinance No. NS-2921
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appurtenances related to recycled water usage which are located on the property location to which recycled water will be delivered.
Sec. 39-35. - Same-Purchase of water by user.
(a) The city will supply recycled water to the user, and the user shall purchase recycled water for the location(s) and purposes and in the estimated amounts set forth in its recycled water user agreement.
(b) The user shall commence taking deliveries of recycled water after receiving written notice of availability from the city. To the extent that the user's then current use of its property necessitates the use of recycled water, the user will continue to purchase recycled water from the city. In the event that the current use of the property is discontinued or is modified, recycled water service may be terminated by mutual agreement in writing by the city and the user.
(c) The city reserves the right to control and schedule the use, distribution, and delivery of recycled water if, in its reasonable discretion, control and scheduling are necessary to maintain the recycled water distribution system in acceptable working condition. Scheduling may include, but is not limited to, varying rates of pressure and programming deliveries to the user and/or to portions of the user's property. (d) If at any time during the construction or operation of the Green Acres Project facilities, real or potential hazards, or evidence of a hazard, are found to exist, the city reserves the right and has the authority to terminate recycled water service to the user's property in the interest of protecting the public health. Service shall be reinstated upon abatement of the hazard. If service is terminated pursuant to this section, the city may supply the user with water from its potable water sources or an alternative recycled water system at the then-current recycled water rate for up to thirty (30) days; after thirty (30) days and until such time as the delivery of recycled water is reinstated, the user shall pay the potable water rate if potable water is supplied or the recycled water rate if an alternative source of recycled water is used. (e) In the event the lack of delivery of recycled water is the result of an operational fault of the city, the rate for the water delivered through the system will be equal to the then-current rate for recycled water for a period of up to thirty (30) days; thereafter, the user shall pay the regular potable rate. If the inability to deliver is beyond the control of the city, the city shall charge and the user shall pay the regular potable rate.
(f) In the event that OCWD ceases the production and distribution of recycled water or in the event that the treatment criteria imposed by any regulatory authority exceed or differ significantly from those existing as of the date of the execution of the recycled water user agreement and application for water service, the city shall supply potable water at the then-established potable water price. The city shall incur no liability Ordinance No. NS-2921
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to the user by reason of the temporary cessation of delivery of recycled water or by reason of the termination of such delivery.
Sec. 39-36. - Same-Price of recycled water.
The price to be paid by the user for all recycled water delivered by the city shall be established by resolution of the city council, subject to the provision of the user's recycled water user agreement.
Sec. 39-37. - Same-Payment.
Recycled water accounts shall be subject to section 39-20 of this chapter.
Sec. 39-38. - Same-Limitation on use.
Recycled water delivered from OCWD's Green Acres Project facilities has restricted uses. The user shall use recycled water only upon the property of the user and only for those uses and purposes provided for in the recycled water user agreement and which are legally permissible under the laws of the state, as well as the rules and regulations adopted by the city, by OCWD and by all regulatory agencies having jurisdiction, including but not limited to the California Regional Water Quality Control Board-Santa Ana Region, and by state and local health departments.
Sec. 39-39. - Same-Rules and regulations.
The user shall comply with all rules and regulations, including the "Green Acres Project, Project Rules and Regulations for the Use of Recycled Water," promulgated now and in the future by OCWD, the city, the State of California or the federal government relating to the sale, distribution, transportation, and use of recycled water.
Sec. 39-40. - Same-Responsibility.
(a) The city's responsibility for the recycled water delivered to the user ends at the user's side of the meter or, in the case of an unmetered or other special installation, where the city's facilities terminate. Operation, management, maintenance, and monitoring with respect to the storage, distribution, and other facilities under the control of the user shall be the responsibility of the user.
(b) The user shall allow the city and/or OCWD's representatives to enter the user's premises for monitoring, inspecting, sampling, analysis, and observation of the user's recycled water facilities at all reasonable times. The user, its personnel, representatives, and agents shall cooperate with the city and/or OCWD in such activities and assist in the performance of operational tests as required. If a determination is made that the user's facilities are not in compliance with city and/or OCWD requirements, the user shall promptly initiate and diligently pursue to completion Ordinance No. NS-2921
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action that will correct the conditions causing the noncompliance. If the user shall fail to comply with its obligations specified herein, the city may, at the user's expense, make such repairs, improvements, changes, or undertake such other activities as are necessary to comply with the user's obligations. Such expense shall be payable to the city by the user upon demand, or the city may discontinue recycled water service until such time as the user makes appropriate repairs and the city inspects the user's system to assure conformance with applicable rules and regulations.
Sec. 39-41. - Same-Applicability of chapter.
Recycled water accounts and service shall be subject to and shall comply with all the provisions of this chapter, except as specified in sections 39-32 through 39-40. In the event of conflict between sections 39-32 through 39-40 and the other portions of this chapter, the provisions of sections 39-32 through 39-40 shall control.
Sec. 39-42.- Same-Agreement to be signed.
Before any recycled water service is provided, the user shall sign a recycled water user agreement with the director of public works, who is hereby designated as the agent of the city to enter into such agreements, in addition to filing or obtaining any applications or permits required by this chapter.
Sees. 39-43-39-49.- Reserved.
SECTION 6. Article Ill of Chapter 39 of the Santa Ana Municipal Code is hereby repealed in its entirety.
SECTION 7. Article Ill of Chapter 39 of the Santa Ana Municipal Code is hereby reenacted in its entirety as follows:
ARTICLE Ill.- SEWERS
Sec. 39-50. - Definitions.
As used in this article:
Agency means Public Works Agency, City of Santa Ana.
Best management practices (BMPs) means schedules of activities, a prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the introduction of FOG to the sewer facilities.
Change in operations means any change in the ownership, food types, or operational procedures that have the potential to increase the amount of FOG generated and/or discharged by FSEs in an amount that alone or collectively causes or creates a potential for SSOs to occur.
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Director of public works means the chief administrative officer of the department of public works, City of Santa Ana.
Discharger means any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger shall mean the same as user or customer.
Enforcing attorney means the city attorney or district attorney acting as counsel to the city and his/her designee.
Fats, oils, and grease (FOG) means any substance such as a vegetable or animal product that is used in, or is a byproduct of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.
FOG control program means the FOG control program required by and developed pursuant to Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (State Water Resources Control Board Order No. 2006-0003-DWQ).
FOG control program manager means the agency's Water Resources Manager and persons designated by and under his/her instruction and supervision, who are assigned to administer the FOG control program. A consultant retained under contract by the city may be designated as the FOG control program manager.
Food grinder means any device installed in the plumbing or sewage system for the purpose of grinding, chopping, macerating, or pressing food waste or food preparation byproducts for the purpose of disposing some or all food waste into the sewer system.
Food service establishment (FSE) means.food facilities defined in the California Retail Food Code, and any commercial entity, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members, or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a type I or type II hood, as defined in the California Retail Food Code.
Grease control device means any grease interceptor, grease trap, or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. A grease control device may also include any other method proven to reduce FOG subject to the approval of the director of public works.
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Grease interceptor means a multi-compartment device that is constructed in different sizes and is generally required to be located outdoors and underground between a FSE and the connection to the sewer system. These devices must be cleaned, maintained, and have the FOG regularly removed and disposed of in a proper manner to be effective. Also referred to as gravity grease interceptor or GGI.
Grease removal device means a type of hydro-mechanical grease interceptor that automatically and mechanically removes non-petroleum fats, oils, and grease from the interceptor, the control of which is either automatic or manually initiated. Also referred to as GRD.
Grease trap means a grease control device that is used to serve individual fixtures. These have a limited effect and should only be used in those cases where the use of a grease interceptor or other grease control device is determined to be impossible or impracticable. Also referred to as hydro-mechanical grease interceptor or HGI.
Hot spots means areas in sewer lines that have experienced sanitary sewer overflows that must be cleaned or maintained frequently to avoid blockages of sewer system, or require maintenance that otherwise would be unnecessary.
Inflow means water entering a sewer system through a direct stormwater runoff connection to the sanitary sewer, which may cause an almost immediate increase in wastewater flows.
Infiltration means water entering a sewer system, including sewer service connections, from the ground through such means as defective pipes, pipe joints, connections, or manhole walls.
Interference means any discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the city's sewer system or is a cause of violation of federal or state environmental laws.
New construction means any structure planned or under construction for which sewer connection permits have not been issued.
Lower sewer lateral means that portion of the sewer lateral that extends from the sewer main to the private property line.
Person means any individual, partnership, firm, association, corporation or public agency, including the state and the United States of America.
Private sanitary sewer overflow means any surface spill, loss, or discharge of untreated or partially treated wastewater resulting from blockages or other problems within a privately owned sewer lateral.
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Remodeling means a physical or operational change causing generation of FOG that exceeds the current amount of FOG discharged to the sewer system by the FSE in an amount that alone or collectively causes or creates a potential for FOG discharge to the sewer system; or requires either a discretionary land use approval, building permit, or plumbing permit, and involves any one or combination of the following:
(1) Under slab plumbing in the food processing area;
(2) An increase in the net public seating area;
(3) An increase in the size of the kitchen area; or
(4) Any change in the size or type of food preparation equipment.
Rules and regulations means non-punitive rules and regulations as established by the director of public works to implement this section and the FOG control program.
Upper sewer lateral means that portion of the sewer lateral that extends from the private property line to the structure to which it connects.
Sanitary sewer overflow (SSO) means a surface sewer spill, loss, or discharge of wastewater from a sanitary sewer system.
Sewer district means sewer assessment districts formed for the purpose of financing and constructing public sewer systems owned and operated by the city.
Sewer facilities means any and all facilities used for collecting, conveying, pumping, and disposing of wastewater. Sewer facilities shall mean the same as sewer system.
Sewer lateral means that entire connecting sewer line running from the sewer main to the private property line and extending to the structure to which it connects.
Sewer main means the main line sewer, used as a trunk line or major channel of passage for transporting sewage and waste, constructed in a street, highway, alley, place, or right-or-way dedicated to public use. It shall not include sewer laterals or any portion of them.
Waste means sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human and animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal.
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Wastewater means the liquid and water-carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer.
Sec. 39-50.1. - Ownership.
(a) The City shall in no way whatsoever be responsible for any damage to persons or property because of any leakage, breakage, or seepage from, or accident or damage to, any sewer pipe or its appurtenances located on any private premises; nor shall the City be responsible for or on account of any damage, injury, or loss caused directly or indirectly by the existence on private premises of any sewer pipe or its appurtenances.
(b) A sewer lateral from its connection to a building on the property to its point of connection with the sewer main, inclusive of both the upper and lower sewer lateral, shall remain the responsibility of the property owner or user with regard to maintenance, repair and upkeep. All sewer laterals shall be maintained by the owner of the property or user served by such lateral in a safe and sanitary condition so that there is no seepage of waste at any point up to and including the junction of the sewer lateral and the sewer main and so that passage of waste through the lateral to the sewer main is free from stoppage and obstruction. All devices and safeguards that are required by this chapter for the operation thereof shall be maintained in good working order.
Sec. 39-50.2 - Repair by city forces.
(a) Repair and maintenance of all sewer mains dedicated to the city shall be the responsibility of the city's sewer enterprise.
(b) Except as provided herein, repair and maintenance of all privately owned sewer mains and all lateral lines, equipment, and appurtenances connected to the city sewer mains shall be the responsibility of the owner/user, and shall meet the requirements contained in this article.
(c) The city's sewer enterprise may perform the repair and maintenance of all lower sewer lateral lines within the public right-of-way, at the discretion of the director of public works and so long as funds are available in the sewer enterprise to perform such repair and maintenance in accordance with Resolution NS-2479.
Sec. 39-51.- Mandatory connections.
(a) All buildings or other structures which contain any plumbing fixtures and which are located within any sewer district or district serviced by a public sewer must be connected to a public sewer.
(b) Whenever any property shall be included in a sewer district or area served by a public sewer, every building or other structure located on such property and Ordinance No. NS-2921
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containing any plumbing fixtures shall, within ninety (90) days after completion of the public sewer in such district or area, have all such fixtures connected to the such public sewer, and all cesspools or septic tanks on such property shall be disconnected and completely filled with good, sound earth at the time the sewer connection is made; provided, however, if the property has been, previous to its inclusion in a sewer district, connected to a public sewer and if such connection is approved by the director of public works, such connection shall be considered as complying with the provisions of this section.
Sec. 39-52. - Connection outside of a sewer district; permit required.
Any lot or any building or structure on any lot located within the city, but outside of an existing sewer district or area served by a public sewer, may be connected with a public sewer, but no person shall make any such connection unless and until he shall have been granted a sewer permit for such connection and unless and until such person or the owner of such lot or parcel or his duly authorized agent, shall have paid to the agency an amount equal to that which would have been assessed to such lot or parcel had it been in the district assessed for the existing sewer to which the connection is to be made. The amount may be reduced at the discretion of the director of public works to allow for extra length of house sewer or connecting sewer if necessary.
Sec. 39-53. -Connection permit required; determination of fee. (a) Except as provided in subsection (b) below, no person shall make any sewer connection unless a permit shall have been applied for and issued by the director of public works. No permit for such connection shall be issued by the director of public works as provided in this section unless the application is accompanied by the payment of a fee to the agency in an amount which the director of public works shall determine to be the applicant's proportionate share of the cost of construction of such public sewer, as prescribed in subsection (c).
(b) Whenever a main sewer line is replaced by a new line, the laterals connected to the former line shall be connected to the new line and the entire lower lateral shall be reconstructed or rehabilitated as part of the installation thereof. In such event, no permit shall be required from the owner or occupant of any existing premises thus reconnected.
(c) The sewer connection fee for the applicant's proportionate share of the cost of public sewer construction shall be computed on the following basis:
(1) The fee shall be an amount equal to the assessment per fixture unit, multiplied by the net increase in fixture units on the parcel or parcels for which sewer connection application is made over the total fixture units previously serviced by any sewer line to which such parcel or parcels were connected. The number of fixture units assigned to each plumbing fixture shall be as provided in the California Plumbing Code.
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(2) In all cases of sewer connection application for the serv1c1ng of a commercial laundry or restaurant, a fee in the amount of the standard cost per fixture unit multiplied by thirty (30) fixture units per clothes washing or dishwashing machine shall be assessed in addition to other fee assessments pursuant to subparagraph (1) above.
(3) The city council shall, from time to time, establish by resolution the current assessment per fixture unit and the sewer connection application fees resulting therefrom in accordance with this section.
( 4) All fees collected shall be deposited into the sewer connection fee fund pursuant to article VII of chapter 13.
Sec. 39-54. - Development conditioned upon sewer line construction.
The director of public works shall review building permit applications for the purpose of determining whether the proposed development would result in an overload of existing sewer line capacity. No building permit which would result in such overload shall be approved unless a sewer line of sufficient capacity be first constructed or unless the city and the applicant enter into an agreement for its subsequent construction. In determining the necessary sewer line capacity, the director of public works shall take into account the anticipated future development of all parcels that use or will use the sewer line to be constructed. The city may enter into an agreement with any person constructing a sewer line pursuant to this section by which such person, or his successor-in-interest, shall be reimbursed for costs of construction of a sewer line, to the extent they exceed such person's own sewer connection fees due under section 39-53, solely from revenues in the sewer connection fee fund established by article VII of chapter 13 of this code. Any such agreement may provide that any fee that would otherwise be due pursuant to section 39-53 from the contracting party shall be a credit on the contracting party's right to receive reimbursement, in which case no payment of the fee to the city shall be required from the contracting party.
Sec. 39-55. - General regulations.
(a) Maintenance of discharger's facilities. Dischargers shall prevent the discharge of FOG and prohibited wastes pursuant to section 39-58 and keep their sewer laterals, cleanouts, and other apparatus (except facilities owned by the city) in good repair and free from leakage and blockages at their own expense. Customers shall be liable for all damages which may result from the customer's failure to maintain such facilities in good repair and free from leakage and blockages. (b) Vacated premises. Sewerage rates will be charged for vacated premises until the city is notified of the discontinuance of the use of water and is requested to turn off the water.
Ordinance No. NS-2921