HomeMy WebLinkAbout2025-09-30; Municipal Water District; 03; Amend Title 1 and Repeal and Replace Title 2 of the Carlsbad Municipal Water District Code and Update the Residential Shutoff Protection PolicyCA Review TL
Meeting Date: Sept. 30, 2025
To: President and Board Members
From: Geoff Patnoe, Executive Manager
Staff Contact: Dave Padilla, Assistant General Manager
dave.padilla@carlsbadca.gov, 442-339-2356
Subject: Amend Title 1 and Repeal and Replace Title 2 of the Carlsbad Municipal
Water District Code and Update the Residential Shutoff Protection Policy
Districts: All
Recommended Actions
1)Introduce an ordinance of the Carlsbad Municipal Water District Board of Directors amending
Title 1 and repealing and replacing Title 2 of the Carlsbad Municipal Water District Code; and
2)Adopt a resolution of the Carlsbad Municipal Water District Board of Directors approving an
update to the Residential Water Service Shutoff Protection Policy for nonpayment of charges.
Executive Summary
The Carlsbad Municipal Water District Board of Directors adopted Ordinance No. 50 in
November 2024 to repeal and replace Title 1 of the CMWD Code to remove obsolete language,
codify current practices established by CMWD Board resolutions and the operating agreement
between the CMWD and the City of Carlsbad, and streamline enforcement procedures to
mirror those provided in the Carlsbad Municipal Code. Title 1 guides how the CMWD is
administered as a subsidiary district of the city and addresses finance and enforcement
mechanisms.
Staff are now requesting that the CMWD Board repeal and replace Title 2 of the CMWD Code to
make it consistent with the CMWD’s current organizational structure, policies and practices and
current state law. The recommended action would also amend Title 1 for consistency with the
proposed Title 2 changes. Title 2 governs water and recycled water rates, system facilities, new
service connections, engineering services, fire hydrants and work in the right-of-way.
Additionally, staff also request that the CMWD Board approve an update to the Residential
Water Service Shutoff Protection Policy regarding nonpayment of charges, to comply with
current state laws. Title 2 of the CMWD Code references this policy.
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Explanation & Analysis
The proposed ordinance is provided as Exhibit 1. All of the proposed revisions to Title 2 are
included in Exhibit 3, and a summary of the revisions can be found in Exhibit 4.
Title 2 references the Residential Shutoff Protection Policy, a policy required by the state. The
policy outlines when the CMWD can and cannot shut off potable water service to residential
customers for nonpayment and outlines a customer’s rights and options when a shutoff may
occur. The CMWD Board approved the policy on Dec. 10, 2019.
In 2023, the Legislature adopted Senate Bill 3 (2023), expanding the scope of the Water Shutoff
Protection Act and necessitating an update to the policy, which is included as Attachment A to
Exhibit 2. The updates include offering an alternate payment arrangement to all residents, not
just those that demonstrate medical and financial hardship. A version of the policy highlighting
the proposed changes is included as Exhibit 5.
No changes are proposed for Section 2.32 of Title 2, the Cross-Connection Control Program,
because staff are coordinating those updates with the latest state guidance and development
of a CMWD cross-connection control plan. (Cross connection control refers to efforts to protect
the potable water supply from contamination by eliminating connections between the drinking
water system and other sources as well as the potential for contamination from non-potable
water sources.)
Title 3, the last part of the CMWD Code, needs to be amended for the same reasons that the
Title 2 amendments are being proposed. The CMWD Board will be asked to consider proposed
changes to Section 2.32 and Title 3 at future meetings.
Fiscal Analysis
There is no direct anticipated fiscal impact from this action. While there may be positive and
negative indirect fiscal impacts to the CMWD from the proposed modifications, they cannot be
quantified.
Next Steps
Staff plan to return to the CMWD Board on Oct. 7, 2025, for a second reading and adoption of
the ordinance. At future CMWD Board meetings, staff will present the board with the
recommended changes to Section 2.32 of Title 2 and to CMWD Code Title 3.
The updated Residential Shutoff Protection Policy will be posted on the city’s website and staff
will translate the policy into other languages as needed.1
1 The current policy is available online in English, Spanish, Chinese, Vietnamese, Tagalog, and Korean at
carlsbadca.gov/departments/utilities/water/customer-service.
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Environmental Evaluation
The proposed actions to repeal and replace Title 2 of the CMWD Code and amend Title 1 are
exempt from environmental review under the California Environmental Quality Act, or CEQA.
Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no
possibility the proposed actions may have a significant effect on the environment.
Additionally, the proposed action to update the Residential Water Service Shutoff Protection
Policy for Nonpayment of Charges is also exempt from environmental review under California
Environmental Quality Act Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen
with certainty that there is no possibility the proposed action may have a significant effect on
the environment.
Exhibits
1.CMWD Board ordinance
2.CMWD Board resolution
3.Title 2 with proposed revisions
4.Summary of proposed revisions
5.Residential Shutoff Protection Policy with proposed revisions
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ORDINANCE NO. 51 49
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING TITLE 1 AND REPEALING AND REPLACING TITLE 2 OF THE
CARLSBAD MUNICIPAL WATER DISTRICT CODE
WHEREAS, the Carlsbad Municipal Water District, or CMWD, is organized under the Municipal
Water District Law of 1911, Division 20 (commencing with Section 71000) of the California Water Code;
and
WHEREAS, pursuant to California Water Code Section 71276, the board of a municipal water
district must act by ordinance, resolution, or motion; and
WHEREAS, on April 25, 1989, the Board of Directors of the Costa Real Municipal Water District
approved Resolution No. 1, consenting to the establishment of Costa Real Municipal Water District as
a subsidiary district of the City of Carlsbad, consistent with the approved proposal of the San Diego
County Local Agency Formation Commission, to integrate the planning and management of water
resources within the City of Carlsbad and revert the district’s name back to the Carlsbad Municipal
Water District; and
WHEREAS, on Jan. 1, 1990, the CMWD became a subsidiary district of the City of Carlsbad; and
WHEREAS, California Government Code Sections 50022.1 to 50022.10 provide authority for a
local public agency to codify existing ordinances; and
WHEREAS, on June 25, 2024, the Board of Directors of the CMWD introduced Ordinance No. 49
codifying, restating, and amending Ordinances No. 1 to No. 48, except for those ordinances previously
repealed, into a comprehensive code (“Code”); and
WHEREAS, on July 16, 2024, the Board of Directors of the CMWD adopted Ordinance No. 49,
codifying, restating, and amending Ordinances No. 1 to No. 48, except for those ordinances previously
repealed, into the Code and the Code became effective on Aug. 15, 2024; and
WHEREAS, on Nov. 12, 2024, the Board of Directors of the CMWD adopted Ordinance No. 50,
repealing and replacing Title 1 of the Code; and
WHEREAS, Title 2 of the Code has been reviewed, and it has been determined that amendments
to the Code are required to make Title 2 consistent with the amendments to Title 1 and the CMWD’s
operations practices; and
Exhibit 1
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WHEREAS, an amendment to Title 1 of the Code is needed to clarify and streamline the
proposed amendments to Title 2.
NOW, THEREFORE, be it ordained by the Board of Directors of the Carlsbad Municipal Water
District of the City of Carlsbad, California, as follows:
1. The above recitations are true and correct and are incorporated into this Ordinance.
2.That the proposed actions to repeal and replace Title 2 of the CMWD Code and amend
Title 1 are exempt from environmental review under the California Environmental
Quality Act, or CEQA, Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen
with certainty that there is no possibility the proposed actions may have a significant
effect on the environment.
3.Miscellaneous.
a.Existing Law Continued. The adoption of the provisions in this Ordinance that are
substantively the same as existing ordinances relating to the same subject are
restatements and continuations of existing ordinances and not new enactments or
amendments, except for formatting to codify the existing ordinances. The adoption
of this Ordinance is not intended to affect or disrupt the continuity of the CMWD’s
business or administration of its law, including but not limited to the following:
i. Actions and proceedings that began before the effective date of this
Ordinance;
ii.Prosecution for ordinance violations committed before the effective date of
this Ordinance; or
iii.Matters of record that refer to or are connected with a provision of the prior
Code, as amended, and which references shall be constructed to apply to the
corresponding provisions of the CMWD Code.
b.References to Prior Ordinances Apply to All Amendments. Whenever a reference is
made to this Code as the “Carlsbad Municipal Water District Code” or to any portion
of it, or to any ordinance by the Carlsbad Municipal Water District, the reference
shall apply to all amendments, corrections, and additions, made now or in the
future.
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c. Title, Chapter and Section Headings. Title, chapter and section headings contained
in this Code shall not be deemed to govern, limit, modify, or in any matter affect the
scope, meaning, or intent of the provisions of any title, chapter, or section of this
Code.
d. References to Specific Ordinances and Code Sections. The provisions of this
Ordinance do not affect matters of record which refer to, or are connected with
ordinances, titles, chapters, or section headings included within the CMWD Code.
Renumbering and relabeling of existing ordinances, title, chapter, and section
headings by this Ordinance does not affect the continuing validity of existing laws.
Any existing reference to an ordinance, title, chapter, or section heading which is
renumbered or relabeled by this Ordinance must be construed to apply to the
corresponding provisions contained within this Ordinance.
e. Effect of Ordinance on Past Actions, Obligations and Irregularities. All rights and
obligations existing under any ordinance in effect prior to the effective date of this
Ordinance continue in full force and effect. This Ordinance does not invalidate any
action taken prior to the effective date of this Ordinance if the action was proper
under the law governing the action at the time the action was taken. Adoption of
this Ordinance supersedes the incorporated ordinances, and to the extent there is a
conflict with them, this Ordinance takes precedence over the incorporated
ordinances. In the event of any irregularities in the restatement of any ordinances,
this Ordinance constitutes a readoption of any said ordinance with the intent of
curing any such adoption irregularity. Adoption of this Ordinance and the resulting
amendment of any ordinance or portion of any ordinance of the CMWD do not
revive any rights repealed or extinguished by any prior ordinance of the CMWD.
f. Effect of Ordinance on Period of Limitation. When a limitation or period of time
prescribed in any existing ordinance for acquiring a right or barring a remedy, or for
any other purpose, has begun to run before this Ordinance goes into effect, and the
same or any limitation is prescribed in this Ordinance, the time which has already
run is deemed part of the time prescribed as such limitation by this Ordinance.
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g.Successor Codes. All references in this Ordinance to California codes includes all
successor provisions to such codes. Where any of the provisions of this Ordinance
conflict with subsequent changes in the cited or successor codes or other applicable
California law, the provisions of those changed or successor codes or other
applicable law applies in place of the conflicting provisions in this Ordinance. Any
such changed or successor codes or other applicable law applies to allow imposition
of the maximum penalties, interest, charges, and damages and the strictest
compliance deadlines then allowed by law.
4.Section 1.08.030 “Officers designated – Duties” of Title 1 “Administration and
Personnel” is amended to read as follows:
1.08.030 Officers Designated -- Duties.
A.The Mayor of the City of Carlsbad shall serve as the President of the Board
of Directors. It shall be the duty of the President to preside over the meetings of
the Board of Directors, appoint committee members, appoint organization
representatives and perform such other duties and responsibilities as required
or imposed by law or a majority vote of the Board of Directors.
B.The Mayor Pro Tem of the City of Carlsbad shall serve as the Vice
President of the Board of Directors and shall exercise the powers and duties of
the President, if the President is absent or unable to act.
C.The City Manager of the City of Carlsbad shall be the Executive Manager
of the District. The Executive Manager shall be the administrative head of the
District under the direction and control of the Board of Directors. The Executive
Manager shall be responsible for the efficient administration of all affairs of the
District and shall report directly to the Board of Directors.
D.The City Attorney of the City of Carlsbad shall be the General Counsel of
the District.
E.The City Clerk of the City of Carlsbad shall be the Secretary to the Board
of Directors. In addition to the duties imposed on the Secretary by law, the
Secretary shall perform such duties as may be imposed by the Board of Directors.
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F.The Public Works Director means the Deputy City Manager, Public Works,
of the City of Carlsbad or designated representative who is responsible for the
engineering decisions required for the planning, design and construction of the
District’s water and recycled water facilities.
G.The General Manager shall be the administrative officer responsible
directly to the Executive Manager for the administration and operations of the
District. The Executive Manager shall delegate to the Deputy City Manager,
Public Works, and the Deputy City Manager, Public Works shall delegate to the
General Manager responsibility for day-to-day activities of the District.
H.Unless otherwise prohibited by state law or a provision of a resolution or
ordinance adopted by the Board of Directors, all duties and powers granted to
or imposed upon the Executive Manager may be delegated by the Executive
Manager to other officers, department heads or management employees of the
City of Carlsbad.
(Res. 743, 1991; Res. 648, 1990; Ord. 1 § 12, 1954; Ord. 50, 2024)
5.Title 2 Repealed and Replaced. Title 2 “Water Rates and System Facilities” of the CMWD
Code is repealed in its entirety and replaced as set forth in Attachment A to this
Ordinance, which Attachment A is incorporated by this reference as if set forth in full at
this point.
6.Parentheticals. Parenthetical references of a historical nature are not a substantive part
of this Ordinance and may be deleted and modified as necessary as part of the
codification of the Carlsbad Municipal Water District Code.
7.Severability. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part of it is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining portion of this Ordinance or
any part of it. The Board of Directors of the CMWD declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause or phrase of the
Ordinance, irrespective of the fact that any one or more section, subsection, subdivision,
paragraph, sentence, clause or phrases be declared unconstitutional.
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8.Publication. The CMWD Board Secretary has caused notice of this Ordinance to be
advertised in a newspaper of general circulation as required by law.
EFFECTIVE DATE: This Ordinance shall be effective thirty days after its adoption and the CMWD
Board Secretary shall certify the adoption of this Ordinance and cause the full text of the Ordinance, or
a summary of the Ordinance prepared by the CMWD General Counsel to be published at least once in
a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Joint Special Meeting of the City Council of the City of
Carlsbad, California and the Board of Directors of the Carlsbad Municipal Water District of the City
of Carlsbad, California on the 30th day of September, 2025, and thereafter
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City Council of the City of
Carlsbad, California and the Board of Directors of the Carlsbad Municipal Water District of the City of
Carlsbad, California on the ______ day of ______________, 2025, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CINDIE K. McMAHON, General Counsel
_______________________________________
KEITH BLACKBURN, President
_______________________________________
SHERRY FREISINGER, Secretary
(SEAL)
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Attachment A
Title 2
WATER RATES AND SYSTEM FACILITIES
Chapters:
2.04 General Regulations
2.08 Retail and Recycled Water Rates
and Collection
2.12 Meters, Service Connections,
Connection Fees, and Payment
2.16 Connections and Installations of
Service
2.20 Extension of Pipelines and Other
Facilities
2.24 Engineering Services Fees
2.28 Fire Hydrants
2.32 Cross-Connection Control
Program
2.36 Procedures for Work in the District
Right-of-Way
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Chapter 2.04
GENERAL REGULATIONS
Sections: 2.04.010 Definitions. 2.04.020 Adoption of rules and regulations. 2.04.030 Failure to comply with rules and regulations or pay rates—Penalty. 2.04.040 Turning water or recycled water on and off from premises. 2.04.050 Persons not to interfere with District water system. 2.04.060 Entrance upon private property by employees of the District. 2.04.070 Right of District to enter premises, install meters and enforce collection of charges. 2.04.080 Interference with inspection—Stoppage of service—Notice required. 2.04.090 Water or recycled water services shut-off notice. 2.04.100 Length of water or recycled water service stoppage. 2.04.110 Liability of District to damage from break beyond meter. 2.04.120 Responsibility for damage resulting from shutting off water or recycled water. 2.04.130 Charges for replacement, repairs, or adjustment caused by customer. 2.04.140 Unlawful use of water, recycled water, facilities, and appurtenances. 2.04.150 Bills for labor, materials. 2.04.160 Settlement of disputes between customer and District . 2.04.170 Claims requirements and procedures.
2.04.010 Definitions.
The following terms are defined for purposes of this title:
“Applicant” means a person who applies for water or recycled water service.
“Backflow” means an unintended reversal of flow of water and/or other liquids, gases, or other sub-
stances into the public water distribution system or water supply.
“Backflow prevention assembly” means a mechanical assembly designed and constructed to pre-
vent backflow that, while installed, can be repaired and its ability to prevent backflow can be
field tested and inspected.
“Backflow prevention assembly tester” means a person who is certified as a backflow prevention
assembly tester by a California State Water Board-recognized certifying organization and pur-
suant to Article 4, Sections 3.4.1 and 3.4.2 of the most recent Cross-Connection Control Policy
Handbook.
“Board” means Board of Directors of the Carlsbad Municipal Water District.
“City” means the City of Carlsbad, a municipal corporation in the State of California.
“Connection” means the metered water or recycled water service connection from a District water
or recycled water pipeline facility, respectively.
“Cost” includes labor, material, transportation, expense, supervision, engineering, and other neces-
sary overhead expense.
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“Cross-connection” means any actual or potential connection or structural arrangement between a
public water system, including a piping system connected to the public water system and lo-
cated on the premises of a water user or available to the water user, and any source or distri-
bution system containing liquid, gas, or other substances not from an approved water supply.
“Cross-Connection Control Policy Handbook” means the standards for backflow protection and
cross-connection control adopted by the State Water Board pursuant to sections 116407 and
116555.5 of the California Health and Safety Code for the protection of a public drinking water
distribution system and public health.
“Cross-connection control specialist” means a person who is certified as a cross-connection control
specialist pursuant to Article 4, Sections 3.4.1 and 3.4.2 of the most recent Cross-Connection
Control Policy Handbook.
“Customer” means any person to whom the District supplies water or recycled water service under
contract, either expressed or implied, to make payment for such water or recycled water ser-
vice.
“Delivery charge” means the minimum monthly charge to a customer for availability of service, the
revenue from which enables the District to maintain and operate a water system and a separate
recycled water system ready to deliver to a customer. The delivery charge shall be based on
the size of the water meter that is appropriate to provide service for the customer.
“Double check valve backflow prevention assembly” or “DC” means an assembly consisting of two
independently acting, internally loaded check valves, with tightly closing shut-off valves located
at each end of the assembly (upstream and downstream of the two check valves) and fitted
with test cocks that enable accurate field testing of the assembly.
“Double check detector backflow prevention assembly” or “DCDA” means a DC that includes a by-
pass with a water meter for accurately registering flow rates up to two gallons per minute and
visually showing a registration for all flow rates.
“Engineering service fees” means plan checking and inspection service fees for review of water and
recycled water facility improvement plans submitted by applicant, customer, or their engineer
and subsequent inspection of the installation of water and recycled water facilities in conform-
ance with approved standard drawings and specifications.
“Extension” means water or recycled water pipeline extension beyond the limit of a subdivision or
beyond the street(s) immediately adjacent to the subdivision
“Fire service” means the connection to and the installation of a pipe between the public water main
and the backflow prevention assembly to be used exclusively for fire protection systems.
“Hazard Assessment” means an evaluation of a customer’s premises designed to evaluate the types
and degrees of hazard at a customer’s premises.
“High hazard cross-connection” means a cross-connection that poses a significant threat to public
health or the potability or safety of the public water supply.
“Low hazard cross-connection” means a cross-connection that has been found to not pose a signif-
icant threat to the potability or safety of the public water supply but may adversely affect the
aesthetic quality of the potable water supply.
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“Industrial or commercial” means any customer using water or recycled water for a building or land-
scape irrigation of a site other than a residential unit for the purpose of producing goods or
services other than the services of housing permanent or transient occupants.
“Legal or equitable owner” means any owner of record, mortgage trustee, or contract purchaser.
“Meter” means the device used to measure the amount of water or recycled water the customer
uses in units where one unit is 748 gallons.
“Public water system” or “PWS” has the same meaning as set forth in section 116275(h) of the
California Health and Safety Code.
“Pipeline” means an existing or proposed conduit for the conveyance of water or recycled water in
the water or recycled water distribution system, respectively, of the District.
“Public Works Director” means the Deputy City Manager of the Public Works Branch of the City of
Carlsbad with duties and powers as may be delegated by the Executive Manager.
“Recycled water,” sometimes referred to as “reclaimed water,” means water obtained from the treat-
ment of wastewater that is suitable for direct beneficial use or a controlled use that otherwise
would not occur and also meets the highest level in conformance with California Code of Reg-
ulations, Title 22, Division 4, Chapter 3, Sections 60304 and 60305 (Use of Recycled Water for
Irrigation and for Impoundments).
“Recycled water connection fee” means the fee paid for the planning, design, and construction of
capacity improvements and/or new facilities required for the delivery, distribution, and storage
of recycled water.
“Reduced pressure principle backflow prevention assembly” or “RP” means an assembly with two
independently acting, internally loaded check valves with a hydraulically operating, mechani-
cally independent, differential-pressure relief valve located between the check valves and be-
low the upstream check valve. The assembly shall have shut-off valves located upstream and
downstream of the two check valves and test cocks to enable accurate field testing of the as-
sembly.
“Reduced pressure principle detector backflow prevention assembly” or “RPDA” means a RP that
includes a bypass with a water meter for accurately registering flow rates up to two gallons per
minute and visually showing a registration for all flow rates.
“Residential unit” means any single-family or multifamily residential living unit, including houses,
duplexes, apartments, condominiums, and mobile homes.
“Risk Manager” means the Risk Manager of the City of Carlsbad.
“State Water Board,” unless otherwise specified, means the State Water Resources Control Board.
“Water Authority” means the San Diego County Water Authority, a wholesale water supplier in San
Diego County, California, of which the District is a member agency.
“Service connection" means the tapping of a District water or recycled water pipeline or the installa-
tion of a tee, and the laying of a service line from the connection on the pipeline to the meter
location.
“Water” means potable water fit for human consumption in accordance with applicable State of Cal-
ifornia and U.S. Federal Government standards.
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“Water connection fee” means the fee paid for the planning, design, and construction of capacity
improvements and/or new facilities required for the delivery, distribution, and storage of water.
“Water Meter Permit” means an authorization to install a water meter.
2.04.020 Adoption of rules and regulations.
A. The Board may, from time to time by resolution, adopt rules and regulations for the operation
and maintenance of the water and recycled water facilities of the District, and for furnishing
water or recycled water to customers, and may likewise by resolution modify the rates, charges,
fees, and penalties established and imposed by this title, and may from time to time by resolu-
tion prescribe rules for the extension of water or recycled water pipelines within the boundaries
and outside the boundaries of the District.
B. The Executive Manager may, from time to time, issue rules and regulations to carry out the
purposes of this title. (Ord. 47 § II.3, 2019; Ord. 45 § II.3, 2009)
2.04.030 Failure to comply with rules and regulations or pay rates—Penalty.
A. On failure to comply with the rules and regulations established by the District as a condition
precedent to the right to use potable water or recycled water, or to pay rates or any charges
imposed in the time and manner stated in this title, upon reasonable notice, the water and
recycled water may be shut off until payment of amount due, including a 10% late fee, is re-
ceived by the District.
B. Bills for water service are delinquent if they are not paid by the due date. Delinquent charges
are subject to additional fees. Charges will continue to accrue until the customer notifies the
District to discontinue service. The District may be notified in writing or by calling the City’s
Utility Billing Department. If the commercial potable water or the recycled water bill remains
unpaid after 44 days following the due date of such bill, the Executive Manager may cause the
commercial potable water or the recycled water service to be shut off from the premises where
the delinquency occurs, and the same meter shall remain shut off until all bills, plus any addi-
tional charges have been paid.
B. Residential Potable Water Service. Subject to the provisions in the District’s Residential Water
Service Shutoff Protection Policy for Nonpayment of Charges, if the residential potable water
bill remains unpaid after 60 days following the due date of such bill, the Executive Manager
may cause the residential potable water service to be shut off from the premises where the
delinquency occurs and the same meter shall remain shut off until any past due amount, plus
any additional charges have been paid. (Ord. 47 § II.4, 2019; Ord. 45 § II.4, 2009)
2.04.040 Turning water or recycled water on and off from premises.
No one except an authorized employee of the City shall turn the water or recycled water on or off at
a service gate valve, angle meter stop valve, or corporation stop valve located upstream of the
meter. (Ord. 47 § II.5, 2019; Ord. 45 § II.5, 2009)
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2.04.050 Persons not to interfere with District water system.
No person shall in any manner whatsoever meddle, tamper with, obstruct, or interfere with any part
of the water or recycled water system of the District. (Ord. 47 § II.6, 2019; Ord. 45 § II.6, 2009)
2.04.060 Entrance upon private property by employees of the District.
Any authorized employee of the City shall be admitted at all reasonable hours to all open areas of
the premises supplied by water or recycled water to verify facilities are in good operating condition,
to make any repairs, replacements or improvements, and to verify that rules and regulations are
adhered to by the customer. (Ord. 47 § II.7, 2019; Ord. 45 § II.7, 2009)
2.04.070 Right of the District to enter premises, install meters and enforce collection of
charges.
Any authorized employee of the City shall have the right at any time, and at any point where water
or recycled water is used, to install a water or recycled water meter of adequate size, and enforce
collection for the amount of water or recycled water that shall be used, in accordance with all the
ordinances, rules and regulations of the District governing the consumption of water or recycled
water, and for that purpose may at any time go upon the premises of the customer. (Ord. 47 § II.8,
2019; Ord. 45 § II.8, 2009)
2.04.080 Interference with inspection—Stoppage of service—Notice required.
In case an authorized City employee or agent of the District is refused admittance to any premises
supplied with water or recycled water by the District, or on being admitted is hindered or prevented
from making such examination or inspection by any person or by the maintenance on such premises
of an animal, or for any other reason, the Executive Manager may cause the service of water or
recycled water to such premises to be discontinued in accordance with Section 2.04.060 and subject
to additional enforcement as provided for in Carlsbad Municipal Code Chapters 1.08 and 1.10. (Ord.
47 § II.9, 2019; Ord. 45 § II.9, 2009)
2.04.090 Water or recycled water service shut-off notice.
Any notice of stoppage of water or recycled water service shall be served pursuant to the service of
notice requirements in Carlsbad Municipal Code Chapter 1.10.
2.04.100 Length of water or recycled water service stoppage.
Water or recycled water service may be discontinued until the customer or owner has given satis-
factory assurance to the Executive Manager that any such employee or agent will not be hindered
or prevented from making such examination or inspection. (Ord. 47 § II.11, 2019; Ord. 45 § II.11,
2009)
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2.04.110 Liability of the District to damage from break beyond meter.
The District will not be responsible for injuries to persons or damages to buildings or their contents
from any water leakage, damage, or earth movement originating from a break on the customer’s
side of the meter connection. (Ord. 47 § II.12, 2019; Ord. 45 § II.12, 2009)
2.04.120 Responsibility for damage resulting from shutting off water or recycled water.
The District shall not be responsible for any damage, such as bursting of boilers, damage to crops
or landscaping, the breaking of any pipe or fixture, stoppage or interruption of water or recycled
water supply, or any other damage resulting from shutting off water or recycled water. (Ord. 47 §
II.13, 2019; Ord. 45 § II.13, 2009)
2.04.130 Charges for replacement, repairs, or adjustment caused by customer.
Where the District incurs expenses for the replacement, repairs, or adjustments of any service con-
nection or meter resulting from the act, negligence, or carelessness of the customer, the expenses
shall be charged against and collected from the customer. If the customer fails to pay such charges,
water may be shut off until such charges are paid. (Ord. 47 § IV.4, 2019; Ord. 45 § IV.4, 2009)
2.04.140 Unlawful use of water, recycled water, facilities, and appurtenances.
It is unlawful for any person other than an authorized City employee or agent of the District to:
A. Open any fire hydrant, corporation stop valve, gate valve, or angle meter stop valve;
B. Interfere in any manner with any water service, water connection, or any water meter attached
to any service pipe connected to the water pipelines;
C. Turn on or off water or recycled water pipelines of the District;
D. Tap, break, or damage any water or recycled water pipeline of the District, or any reservoir,
pumping station or pressure reducing station of the District;
E. Tap any water or recycled water service pipe or take or draw water from any water pipe or fire
hydrant of the District without paying the established water rate and receiving permission for
such service after having made written application as provided by this Chapter;
F. In anyway trespass upon the public property of the District or conduct any work within a District
easement without written permission first being obtained from the District; or
G. Willfully or neglectfully waste water in any manner whatsoever, and any person having
knowledge of any condition whereby water is being wasted shall notify the District of such fact.
(Ord. 47 § II.14, 2019; Ord. 45 § II.14, 2009)
2.04.150 Bills for labor, materials.
All bills for labor and materials furnished, and other charges, shall become due and payable 30 days
from date of mailing unless otherwise indicated on the bill. (Ord. 47 § II.15, 2019; Ord. 45 § II.15,
2009)
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2.04.160 Settlement of disputes between customer and the District.
A. If a dispute arises between any water or recycled water customer and the District concerning
water or recycled water service or the amount of a water or recycled water bill to such customer,
the dispute may be settled, subject to the approval of the Board, or the delegated authority of
the Executive Manager or designee. The final decision and settlement approval of the Board
shall be recorded in the minutes of the Board.
B. The provisions and procedures provided for in this section in no way affect the other provisions
of this title and only apply to Chapter 2.04. (Ord. 47 § II.16, 2019; Ord. 45 § II.16, 2009)
2.04.170 Claims requirements and procedures.
A. No suit shall be brought against the District unless a claim has first been presented in writing
and filed with the Secretary to the Board and acted upon by the District following the procedures
prescribed by Title 1, Division 3.6 of the California Government Code (commencing with Sec-
tion 900). As permitted by California Government Code Section 935, the claim presentation
and filing requirement applies to claims excepted by Government Code Section 905 and not
governed by any other expressly related statutes or regulations.
B. Subject to Government Code Sections 945.6 and 946, a claim relating to a cause of action for
death or for injury to person, property, or growing crops shall be presented in the manner pro-
vided in Article 2 (commencing with Section 915) of the California Government Code not later
than six months after the accrual of the cause of action. A claim relating to any other cause of
action shall be presented in the same manner not later than one year after the accrual of the
cause of action. (Ord. 47 § II.18, 2019; Ord. 45 § II.18, 2009)
C. The functions of the District required to be performed in considering and rejecting, approving,
compromising, or settling claims provided for by this section are delegated to the Executive
Manager or a designee, subject to concurrence by the General Counsel or designee, provided
the amount of any allowed, compromised, or settled claim does not exceed $25,000 for claims
related to water service and $10,000 for all other claims, or such other amounts established by
resolution of the Board.
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Chapter 2.08
RETAIL AND RECYCLED WATER RATES AND COLLECTION
Sections: 2.08.010 New account fee. 2.08.020 Continuity of service fee (landlords only). 2.08.030 Delivery charge. 2.08.040 Delivery charge for residential automatic fire extinguishing system. 2.08.050 Delivery charge—Proration. 2.08.060 Delivery charge where house becomes vacant—Request for discontinuance of service. 2.08.070 Rate structure. 2.08.080 Water rates, charges, and fees to be established by resolution. 2.08.090 Meter readings and billings. 2.08.100 Service charges to be a lien against property of consumer. 2.08.110 Shutting off water on supply side of meter. 2.08.120 Adjustment of bills for meter error.
2.08.010 New account fee.
A new account fee as determined by resolution of the Board will be assessed on a customer on the
first bill. The District requires at least 24 hours’ notice of water service turn on. If a customer contacts
the District the same day that the customer wants service turned on, then the customer will have an
additional charge assessed on the next water bill. If the customer requests service on holidays,
weekends, or after 5:00 p.m. on weekdays to have water turned on the same day, then a charge
must be paid to the District on the following normal working day. (Ord. 47 § III.1, 2019; Ord. 45 §
III.1, 2009)
2.08.020 Continuity of service fee (landlords only).
The District will provide a continuity of service fee option only for landlords who wish to retain water
service to rental properties during periods of vacancy. The continuity of service must be requested
by the landlord and a fee, as determined by a resolution of the Board, paid to the District. The water
bill will be sent to the landlord’s address and the landlord will be billed for the continuity of service
fee. (Ord. 47 § III.2, 2019; Ord. 45 § III.2, 2009)
2.08.030 Delivery charge.
The District shall charge each customer a monthly delivery charge for each service connection with
a meter in such amounts as provided by resolution of the Board as adopted from time to time. (Ord.
47 § III.3, 2019; Ord. 45 § III.3, 2009)
2.08.040 Delivery charge for residential automatic fire extinguishing system.
When a water meter for a residential unit is required to provide standby capacity for an automatic
fire extinguishing system, the delivery charge will be determined according to this section. In cases
where a meter that restricts the capacity of the connection and measures total water consumption
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is installed, the delivery charge will be based on the meter size. For fire extinguishing systems with
a meter that is in place only to inform the District when water is drawn through the service line, and
does not restrict water flow, the charge will be based on the service line size. The delivery charge
to provide water for an automatic fire extinguishing system is required when: (a) the automatic fire
extinguishing system is required by law, including any requirement imposed as a condition of devel-
opment, permit, or occupancy; and (b) the Fire Chief, Fire Marshal, or Building Official of the City
has provided a written statement verifying the requirement for additional meter size. The determina-
tion under this section shall be made at the time the meter is first obtained or at the time a meter is
replaced with one of greater size because of the later installation of the automatic fire extinguishing
system. (Ord. 47 § III.4, 2019; Ord. 45 § III.4, 2009)
2.08.050 Delivery charge—Proration.
The delivery charge will be prorated based on the normal date the meter is read for the month that
water service begins. (Ord. 47 § III.5, 2019; Ord. 45 § III.5, 2009)
2.08.060 Delivery charge where house becomes vacant—Request for discontinuance of
service.
If a residential unit becomes vacant, the regular monthly delivery charge shall be charged and col-
lected from the property owner, whether water is used or not, until the day upon which the District
is notified that the property is unoccupied and is requested to shut off water service to the property.
(Ord. 47 § III.6, 2019; Ord. 45 § III.6, 2009)
2.08.070 Rate structure.
The District rate structure shall be approved by the Board. Rates shall be set at a level sufficient to
pay for water purchases, maintenance and operations, debt service, replacement funding, adequate
reserves, and to meet objectives established by the Board.
A. Residential Water Rate. The residential water rate is a tier rate per unit of water used where
one unit equals 748 gallons.
B. Commercial/Nonresidential. The commercial/nonresidential water rate is a flat rate per unit of
water used where one unit equals 748 gallons.
C. Agricultural Water Rate. The agricultural water rate shall comply with the rate reduction and
rules and requirements adopted by the Metropolitan Water District of Southern California and
the San Diego County Water Authority in relation to cost and availability of imported water.
Once a customer is authorized to take water service on an Agricultural Water Rate, that cus-
tomer must comply with water supply reductions under Chapter 3.04 of this Code when the
Board declares Stage 2 or higher water conservation stages.
D. The Recycled Water Rate. The recycled water rate is a flat rate per unit of recycled water used
where one unit equals 748 gallons and applies only to the delivery of recycled water to the
customer. (Ord. 47 § III.7, 2019; Ord. 45 § III.7, 2009)
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2.08.080 Water rates, charges, and fees to be established by resolution.
The rates, charges, and fees for all water and recycled water delivered by the District shall be fixed,
and may be changed as necessary, by Resolution of the Board after following the provisions re-
quired by the California Constitution. All water and recycled water bills must be paid by the due date
printed on the water or recycled water bill. (Ord. 47 § III.8, 2019; Ord. 45 § III.8, 2009)
2.08.090 Meter readings and billings.
Meters shall be read and billings rendered monthly. The billing period is 30 days and is based on
the meter reading date. The date on which the bill is deemed delinquent shall be indicated on the
bill. (Ord. 47 § III.9, 2019; Ord. 45 § III.9, 2009)
2.08.100 Service charges to be a lien against property of consumer.
In addition to any other remedy provided for in this chapter for the enforcement and collection of any
water and recycled water rates, charge, fee or account, all rates provided for in this title shall be
charged against the property on which it is furnished and against the property owner, and shall be
a lien against the premises to which any water or recycled water may be supplied, and a charge
against the property owner and the property occupant using the water. Subject to the District’s Res-
idential Water Shutoff Protection Policy for Nonpayment of Charges, if charges, if for any cause any
sums owing for water service become delinquent, the water or recycled water shall be cut off and in
no case shall it be turned on to the same property until all such delinquencies shall have been paid
in full. Such property owner and occupant shall be severally responsible to the District in an action
brought by the District in any Court of competent jurisdiction for the amount of all such money as
may be due and unpaid, together with all applicable penalties and costs. No change of ownership
or occupation shall affect the application of this chapter. This section shall not apply to nonperma-
nent water service connections. (Ord. 47 § III.10, 2019; Ord. 45 § III.10, 2009)
2.08.110 Shutting off water on supply side of meter.
Upon the written request or call to the City’s Utility Billing Department, by the customer or occupant
of a building or premises to have the water shut off on the supply side of the meter, the District shall
have the water shut off and, at the time, record the reading of the meter and render a bill in a sum
which shall be the greater of the amount of water used according to the rates and charges provided
for, or for the monthly minimum charge due for the fractional part of the month. (Ord. 47 § III.11,
2019; Ord. 45 § III.11, 2009)
2.08.120 Adjustment of bills for meter error.
A. Fast Meters. When, upon test, a meter is found to be registering fast within the tolerances set
forth in Section 2.12.050(B), the District shall refund to the customer the amount of the over-
charge based upon corrected meter readings for the period the meter was in use, but not to
exceed a period of six months.
B. Slow Meters. When, upon test, a meter is found to be registering slow beyond the tolerances
set forth in Section 2.12.050(B), the District shall bill the customer for the amount of the
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undercharge based upon corrected meter readings for the period the meter was in service, but
not to exceed a period of six months.
C. Failed Meter Reads. In the event a water meter fails to register during any month, a charge will
be made based upon the three-month average amount of water used during the same period
for the previous year. In the event there was no meter at the location during the previous year,
a charge will be made upon an estimate fixed by the District, which shall be paid by the cus-
tomer.
D. General. When it is found that the error in a meter is due to some cause, the date of which can
be fixed, the overcharge or the undercharge shall be computed back to, but not beyond, such
date. (Ord. 47 § III.12, 2019; Ord. 45 § III.12, 2009)
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Chapter 2.12
METERS, SERVICE CONNECTIONS, CONNECTION FEES AND PAYMENT
Sections: 2.12.010 Application of this Chapter to potable and recycled water. 2.12.020 Water meter permit. 2.12.030 Water and recycled water connection fee. 2.12.040 Meter installation charges. 2.12.050 Standards for service connections and meters. 2.12.060 Service connection and meter ownership. 2.12.070 Minimum water meter size for buildings. 2.12.080 Maximum water meter size. 2.12.090 Irrigation water meters. 2.12.100 Construction meters. 2.12.110 Fire service flow detector meters. 2.12.120 Repairs by the District. 2.12.130 Transportation of water across property line. 2.12.140 Connection—Liability for damage. 2.12.150 Examination of meter at customer’s request. 2.12.160 Cutting off or interfering with meter.
2.12.010 Application of this chapter to potable and recycled water
All processes and procedures described in this chapter shall apply to both potable and recycled
water, unless otherwise specified.
2.12.020 Water meter permit.
A. It is unlawful for any person to connect to or draw water from the District’s water or recycled
water system without first obtaining a Water Meter Permit. The District’s Executive Manager or
designee may authorize connection of a new structure to the water system. This authorization
may be concurrent with the issuance of a valid building permit for a new structure if the appli-
cant has filed the proper application and paid the required fees. Every Water Meter Permit
issued shall be returned if the building permit for the structure to which the connection is being
made expires or otherwise becomes null and void.
B. Every Water Meter Permit issued pursuant to this section shall expire by limitation and become
null and void if work on the connection authorized by such permit is not completed within 180
days from the date of issuance of such permit. Reasonable extensions may be granted by the
Executive Manager or designee in writing. (Ord. 47 § IV.7, 2019; Ord. 45 § IV.7, 2009)
C. If a Water Meter Permit has expired, then before the connection for such structure can be
made, a new Water Meter Permit shall be obtained at the fee in effect at the time of reapplica-
tion. A Water Meter Permit for the connection of an existing structure to the water system may
be issued by the Executive Manager or designee at any time upon proper application.
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2.12.030 Water and recycled water connection fee.
A. An applicant for installation of a service connection shall pay a water connection fee and, at
locations where recycled water is to be used, a recycled water connection fee in the amount
as set from time to time by a resolution of the Board. The recycled water connection fee shall
be equal to the water connection fee for the same size meter; however, a recycled water con-
nection is not required to pay the Water Authority system capacity charge. When a water meter
for a residential unit is required to provide standby capacity for an automatic fire extinguishing
system, the water connection fee will be determined according to the size of the meter neces-
sary to meet the water use requirements of the customer, as determined according to the rules
of the District, without consideration of additional size necessary to provide the delivery of water
for the automated fire extinguishing system. The water connection fee and recycled water con-
nection fee shall be adjusted annually by a resolution of the Board by the percentage change
in the Engineering News Record Construction Cost Index, Los Angeles with the base index in
effect in December 2003, or subsequent resolution of the Board.
B. For all residential units, and unless exempted by law, the water connection fee shall be paid at
the time of issuance of a building permit for the property. For commercial and industrial devel-
opment projects, the water connection fee shall be paid at the time of application for a Water
Meter Permit. The recycled water connection fee shall be paid after the recycled water irrigation
system, or other recycled water use system, has been tested by the District’s cross-connection
control specialist and achieved passing results and recycled water can be supplied. The District
shall install water or recycled water meters within 72 hours of payment of the connection fee,
subject to availability of meters.
C. A credit on a water or recycled water connection fee will be made for the exchange of an exist-
ing water or recycled meter for a new meter of larger size. The credit shall apply only to the
water or recycled water connection fee. The credit amount shall be based on the connection
fee amount in effect at the time the exchange is made. No credit shall be applied for an ex-
change for a smaller meter. (Ord. 47 § IV.8, 2019; Ord. 45 § IV.8, 2009)
2.12.040 Meter installation charges.
Applicants for installation of water meters shall pay installation charges as set from time to time by
the Board and reflected in the City’s Master Fee Schedule. In the event a customer has an installed
meter and wishes to relocate the meter or exchange the meter for a smaller or larger meter, the
customer shall pay the meter installation fee applicable to the relocated meter or the new meter in
effect at the time of the exchange. (Ord. 47 § IV.14, 2019; Ord. 45 § IV.14, 2009)
2.12.050 Standards for service connections and meters.
A. All service connections shall be located in public right-of-way or easements and shall conform
to District standard specifications and standard drawings in effect at the time the connection is
installed and all such connections must be inspected and approved by the Public Works Direc-
tor or designated representative before water is admitted through meters. (Ord. 47 § IV.1, 2019;
Ord. 45 § IV.1, 2009)
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B. All water and recycled water meters shall be new or certified for accuracy to meet standards of
the American Water Works Association through testing performed or approved by the District
before being installed. (Ord. 47 § IV.2, 2019; Ord. 45 § IV.2, 2009)
2.12.060 Service connection and meter ownership.
The Water Meter Permit shall note the permit issue date for all service connections. Upon the date
of initial acceptance of the service connection, the service connection will become the property of
the District and its responsibility to maintain. The meter is the property of the District and its respon-
sibility to maintain. (Ord. 47 § IV.3, 2019; Ord. 45 § IV.3, 2009)
2.12.070 Minimum water meter size for buildings.
A. Residential Unit. For residential units, the minimum size meter shall be five-eighths inch, except
where the residential unit is larger than 3,500 square feet or on a lot larger than one-quarter
acre where the meter size shall be three-fourths inch. Where there is a residential automatic
fire extinguishing system, the minimum meter size shall be one inch.
B. Commercial and Industrial. For a commercial building, office condominium, and industrial build-
ing, an estimate shall be made of the supply demand in gallons per minute (gpm) as determined
from the California Plumbing Code “Appendix A,” latest edition adopted by the City. For indus-
trial buildings, all process water demand, if applicable, shall be added to the supply demand
determined above in “Appendix A” to determine the peak supply demand. The estimated peak
supply demand shall be compared to the maximum rated capacity of each meter size. The
capacity of the selected meter size shall be capable of conveying the peak supply demand
calculated in gpm for the building. (Ord. 47 § IV.9, 2019; Ord. 45 § IV.9, 2009)
2.12.080 Maximum water meter size.
No water meter larger than a two-inch meter shall be installed on any lot, or to provide water or
recycled water to any customer, except upon approval and consent of the Executive Manager or
designee. (Ord. 47 § IV.11, 2019; Ord. 45 § IV.11, 2009)
2.12.090 Irrigation water meters.
A. A meter and service connection used for landscape irrigation exclusively shall be installed in
accordance with District standard specifications and drawings in effect at the time the connec-
tion is made. The size of the irrigation water meter(s) and service connection(s) shall be deter-
mined by the landscape architect as approved by the District based on the flow demand in
gallons per minute (gpm) for the area to be irrigated. The minimum size meter(s) shall be ca-
pable of supplying the peak irrigation water demand determined.
B. At locations where water is used for irrigation and in addition to account, service, and installa-
tion fees, the connection fees and charges shall be based on the District connection fee and
the Water Authority capacity charges applicable to the meter size. If recycled water is used,
then only the District connection fee shall apply. If a water meter is converted to recycled water
use, the San Diego County Water Authority will refund the capacity charges previously col-
lected for the meter. The customer must prepare and submit the San Diego County Water
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Authority “Capacity Charge Refund Request” form to the District for verification to request the
refund. The refund request must be submitted to the Water Authority within 180 days of con-
nection to the recycled water system. (Ord. 47 § IV.10, 2019; Ord. 45 § IV.10, 2009)
2.12.100 Construction meters.
A. Water or recycled water used for construction shall be metered. Recycled water shall be used
when it is available. A construction meter is obtained by applying for a Water Meter Permit. The
District may connect a construction meter to any fire hydrant, or a service connection if ap-
proved by the District, upon proper application. The cost for a construction meter shall be com-
prised of a deposit fee, installation fee, and consumption charge. The deposit fee will be re-
funded after the meter is returned in good working order, complete with fittings, and all bills
pertaining to the meter are paid. The meter will be installed and removed by authorized District
employees. Any damage caused to the meter by the negligence or carelessness of any person
to whom a meter is loaned must be paid on demand. Water delivered through a construction
meter will be charged at the commercial water rate, including delivery charges. An additional
fee will be charged upon each request to have a construction meter relocated. Construction
meters installed on a potable water supply shall have an approved backflow prevention device.
B. The use of “jumpers” in place of a meter shall not be allowed on a temporary basis to test water
pressure in the plumbing of a new building, residence, or other purpose. (Ord. 47 § IV.12, 2019;
Ord. 45 § IV.12, 2009)
2.12.110 Fire service flow detector meters.
Each fire service for commercial and industrial buildings and, when required by the City’s Fire Mar-
shal, residential buildings shall have a flow detector meter. The purpose of the meter is to monitor
water use through the fire service. The account, service, and meter installation fees apply to detector
meters. A water connection fee does not apply. (Ord. 47 § IV.13, 2019; Ord. 45 § IV.13, 2009)
2.12.120 Repairs by the District.
All water and recycled water meters are the property of the District and the District will maintain and
repair them when in its judgment such repairs are needed. (Ord. 47 § IV.15, 2019; Ord. 45 § IV.15,
2009)
2.12.130 Transportation of water across property line.
Water served through a meter shall not be transported through pipes or conduits across lot lines or
property lines. (Ord. 47 § IV.16, 2019; Ord. 45 § IV.16, 2009)
2.12.140 Connection—Liability for damage.
A. Liability for Damage. When any person connecting a water service pipe to the property side of
a meter uses water for testing the pipes, that person must leave the service box in as good
condition as found and shall leave the water shut off if found shut off, and shall in writing notify
the District or City at the time the connection is made. Any damage caused by the negligence
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or carelessness of any person to any part of the meter box or connection must be paid in
accordance with Section 2.04.130 .
B. Liability of Customer for Damages to Meter. After the water or recycled water meter is con-
nected to the service connection, any damage to the meter resulting from an intentional act,
carelessness or negligence of the customer, or anyone employed by the customer, and any
damage which may result from hot water or steam from a boiler, or otherwise, shall be paid in
accordance with Section 2.04.130. (Ord. 47 §§ IV.17, 18, 2019; Ord. 45 §§ IV.17, 18, 2009)
2.12.150 Examination of meter at customer’s request.
A. Examination Request. Any customer may request that the meter through which water or recy-
cled water is being delivered be examined and tested by the District or a representative of the
District for the purpose of determining whether the meter correctly registers the amount of water
delivered through it. Upon receipt of such request, the Executive Manager will cause the meter
to be examined and tested for the purpose of determining whether it is registering correctly the
water or recycled water being delivered through it.
B. Replacement of Defective Meter. The District shall provide a new meter to a customer if (1) an
examination and test reveals that the meter registers one percentage of more or less than the
amount that actually passes through it and (2) the amount that actually passes through the
meter exceeds the tolerances for such meter as established by the American Water Works
Association standards. (Ord. 47 §§ IV.5, 6, 2019; Ord. 45 §§ IV.5, 6, 2009)
2.12.160 Cutting off or interfering with meter.
It is unlawful for any person to interfere with, cut off, or remove a water or recycled water meter from
any service connection where it has been installed without first receiving written permission from
the District. A meter may only be removed by the District or a representative of the District for testing,
replacement, repair or readjustment to the meter or service pipe, or emergency. (Ord. 47 § IV.19,
2019; Ord. 45 § IV.19, 2009)
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Chapter 2.16
CONNECTIONS AND INSTALLATIONS OF SERVICE
Sections: 2.16.010 Shut off valve. 2.16.020 Distance of sewer, gas, or other service pipe from water service. 2.16.030 Repairs to water pipelines, meters, and service connections. 2.16.040 Shutting off water or recycled water for repairs. 2.16.050 Steam boilers, hydraulic elevators, power pumps, and similar apparatus. 2.16.060 Right-of-way application for service—Form. 2.16.070 Connection to water pipelines upon compliance. 2.16.080 Multiple service connections and meters and multi-ownership building. 2.16.090 Discontinuance of service upon written notice. 2.16.100 Turning on of water or recycled water. 2.16.110 Temporary use of water for construction—Water meter permit. 2.16.120 Supplying to other than occupant of premises. 2.16.130 Customer to accept service conditions.
2.16.010 Shut off valve.
A. For District. An angle meter stop valve shall be installed on the immediate upstream side of the
meter which shall be paid for by the customer per the fee established by the Board. The angle
meter stop valve shall be the property of the District and the District shall have exclusive use
and control of the angle meter stop valve.
B. For Customer. Water customers shall be provided with a ball valve to be installed on the im-
mediate downstream side of the meter for the customer’s own protection. The ball valve de-
scribed in this subsection shall be installed at the customer’s own expense and must be acces-
sible to District employees. (Ord. 47 §§ V.1, 2, 2019; Ord. 45 §§ V.1, 2, 2009)
2.16.020 Distance of sewer, gas, or other service pipe from water service.
No sewer pipe, gas pipe, electrical conduit, or any other service pipe or storm drain shall be installed
or maintained nearer than 10 feet parallel to any District water service connection, meter, or water
pipeline without obtaining prior approval from the District. Under no circumstance shall a sewer pipe,
gas pipe, electrical conduit, or any other service pipe be installed closer than five feet clear from the
water service connection, meter, or water pipeline. (Ord. 47 § V.3, 2019; Ord. 45 § V.3, 2009)
2.16.030 Repairs to water pipelines, meters, and service connections.
The District shall, at its own expense, make all repairs necessary to water pipelines, service con-
nections, and meters. The District shall make no repair or do any work whatsoever on the service
connection beyond the meter. Any repair, including parts and labor, made necessary by any acts of
negligence or carelessness of the customer, or other persons, shall be charged to and collected
from the customer, or the person responsible for such work beyond the meter. (Ord. 47 § V.4, 2019;
Ord. 45 § V.4, 2009)
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2.16.040 Shutting off water or recycled water for repairs.
The District reserves the right to shut off the water or recycled water supply to any premises at any
time without notice for the purpose of making repairs, extensions or other necessary purposes, or
for any violation of this title. (Ord. 47 § V.5, 2019; Ord. 45 § V.5, 2009)
2.16.050 Steam boilers, hydraulic elevators, power pumps, and similar apparatus.
It is unlawful for any person to draw water from any pipeline or service connection of the District
directly into any stationary steam boiler, hydraulic elevator, power pump, or similar apparatus. If a
customer desires water from the District to be used in any stationary steam boiler, hydraulic elevator,
power pump, or similar apparatus, the customer must first apply in writing to the District for permis-
sion. If granted by the Executive Manager or designee, the customer must provide a tank or reservoir
of the capacity as required by any Code adopted by the City or District standards. No tank or reser-
voir shall be installed or used unless and until the plans and specifications have been examined and
approved in writing by the Public Works Director or designee. (Ord. 47 § V.6, 2019; Ord. 45 § V.6,
2009)
2.16.060 Right-of-way application for service—Form.
Before any water will be supplied by the District to any person which requires a connection from the
District water pipeline to any real property, the owner or occupant of the property shall make a written
application for service and service connection and a right-of-way permit to the City’s Engineering
Department. (Ord. 47 § V.7, 2019; Ord. 45 § V.7, 2009)
2.16.070 Connection to water pipelines upon compliance.
Upon the applicant for water service having complied with all requirements for written application for
service and right-of-way permit, the District will authorize the installation of the water service from
the pipeline to the property described in the written application and the City will issue the right-of-
way permit, subject to the provisions of this title and the rules and regulations of the Board. (Ord. 47
§ V.8, 2019; Ord. 45 § V.8, 2009)
2.16.080 Multiple service connections and meters and multi-ownership building.
A. No water shall be served to two or more parcels of property separately owned through a com-
mon service connection and meter.
B. When more than one building is placed on the same parcel of property, then each building shall
have at least one service connection and meter.
C. When a multi-ownership residential, commercial, or industrial building is placed on the same
parcel of property and each is conducting a separately established residence or business, a
separate service connection and meter shall be installed for each ownership unit in the building.
The cost of such service connection and meter installation shall be paid by the owner or party
receiving water service. For good cause shown, the Public Works Director may allow a single
service connection and meter to a multi-ownership building to provide service to more than one
residential, or commercial/office condominium on a case-by-case basis. However, the size of
the service connection and meter shall be determined based on the combined fixture units of
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all residential or commercial/office condominiums served by the meter. In cases where the
Public Works Director allows a single service connection and meter to a multi-ownership build-
ing, there shall be recorded a deed restriction or other such document as approved by the
Public Works Director and General Counsel. The recorded deed restriction shall inform future
unit owners that each and every residential or commercial/office unit in the building on the
property is served by a single service connection and meter. The recorded deed restriction
shall also state that if the water bill is not paid by the party or entity responsible for paying the
monthly water service charges to the District for the respective building, the District may, at its
discretion, shut off the water service to such multi-ownership building in accordance with Dis-
trict rules and regulations. In addition, a multi-ownership building with a single service connec-
tion and meter shall install a private sub-meter for each separately established residence or
business. (Ord. 47 § V.9, 2019; Ord. 45 § V.9, 2009)
2.16.090 Discontinuance of service upon written notice.
Service will be discontinued and water service shut off by the District within 48 hours of receiving a
written request to discontinue water service from the property owner or customer of record. (Ord. 47
§ V.10, 2019; Ord. 45 § V.10, 2009)
2.16.100 Turning on of water or recycled water.
It is unlawful for any person to turn on the water or recycled water after the same has been turned
off by District or City. (Ord. 47 § V.11, 2019; Ord. 45 § V.11, 2009)
2.16.110 Temporary use of water for construction—Water meter permit.
A. Any person or contractor who wishes to use water in construction work where connections
must be made, other than through an existing meter, shall file a written application for a Water
Meter Permit with the City’s Engineering Department. No person or contractor may connect to
any water pipeline, fire hydrant, or otherwise use water from these sources without a written
permit issued for such use. Before issuing such permit, the applicant for such connection shall
deposit an amount sufficient to cover the cost of the temporary construction meter.
B. If the deposit is later determined to be insufficient to cover the actual cost to replace the meter,
the applicant must pay any outstanding balance upon the applicant’s return of the meter to the
District.
(Ord. 47 § V.12, 2019; Ord. 45 § V.12, 2009)
2.16.120 Supplying to other than occupant of premises.
It is unlawful for any person to supply water to any other person other than the occupants of the
premises of the customer without written approval of the Public Works Director. (Ord. 47 § V.13,
2019; Ord. 45 § V.13, 2009)
2.16.130 Customer to accept service conditions.
All applicants for water service must accept the conditions of pressure and service as are provided
by the distribution system at the location of the water service connection and shall hold the District
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or City harmless from all damage arising from low pressure or high pressure conditions or interrup-
tions of service. (Ord. 47 § V.14, 2019; Ord. 45 § V.14, 2009)
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Chapter 2.20
EXTENSION OF PIPELINES AND OTHER FACILITIES
Sections: 2.20.010 Excess capacity. 2.20.020 Application. 2.20.030 Pipeline size. 2.20.040 Determination of adequacy of size and necessity by Executive Manager—Contract between applicant and District —Reimbursement for additional cost. 2.20.050 Determination of materials and additional cost of facilities. 2.20.060 Payment of proportionate cost prior to connection. 2.20.070 Reimbursement agreement. 2.20.080 Improvements constructed under the Improvement Act of 1911—District’s participation. 2.20.090 Payments—Time limit for recovery. 2.20.100 Water or recycled pipeline extensions.
2.20.010 Excess capacity.
As used in this chapter, excess capacity means only that capacity resulting from the construction of
pipelines or other facilities larger than those required by District standards to serve the water or
recycled water demands of a property use or development. (Ord. 47 § VI.1, 2019; Ord. 45 § VI.1,
2009)
2.20.020 Application.
A. Generally. Any person may apply to the Executive Manager or designee for the construction of
pipelines or other facilities in the public right-of-way or in utility easements upon private prop-
erty. However, nothing in this section shall be construed to modify any provision of subsection
B, which requires the subdivider to make and pay for certain improvements within a subdivision.
B. Contents. Applicants that will extend a water or recycled water pipeline or construct excess
capacity shall execute a reimbursement agreement with the District. Such reimbursement
agreement must, among other things, set forth:
1. a statement describing the facility that the applicant proposes to construct or have con-
structed;
2. a map that accurately depicts the proposed location, route, and size of such facility;
3. the estimated cost of construction of such facility;
4. bidding and contracting requirements;
5. a payment schedule;
6. auditing procedures;
7. complete specifications regarding the materials and sizes or capacities of facilities which
the applicant desires to construct or have constructed; and
8. all additional information requested by the Executive Manager.
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No water or recycled water facility shall be constructed if the applicant does not comply with
the standard plans and specifications of the District. (Ord. 47 §§ VI.2, 3, 2019; Ord. 45 §§ VI.2,
3, 2009)
2.20.030 Pipeline size.
A. All pipeline extensions will be constructed in sizes best suited to the requirements and full
development of the District water or recycled water system as determined by the General Man-
ager. In no event will a water pipeline be less than 8 inches in diameter or a recycled water
pipeline be less than 6 inches in diameter.
B. No property shall be connected to a District water or recycled water pipeline which is of inade-
quate size to meet the requirements and full development of the District water or recycled water
system as determined by the General Manager. (Ord. 47 § VI.4, 2019; Ord. 45 § VI.4, 2009)
2.20.040 Determination of adequacy of size and necessity by General Manager—Contract
between applicant and District—Reimbursement for additional cost.
The General Manager shall determine if the size of an existing or proposed pipeline or other facility
is adequate to serve the water or recycled water demands of the intended property use or develop-
ment. Further, the General Manager shall determine if there is other property within the District not
being served and which could be served by an existing or proposed water or recycled water pipeline
or facility, and the requirements for full development of the District’s water or recycled water system.
If the General Manager finds it necessary that a water or recycled water pipeline or facility should
be constructed with excess capacity so that other property in the District may be supplied with water
or recycled water, then the Executive Manager shall recommend to the Board that a reimbursement
agreement be entered into between the applicant and the District providing for the construction of
the water or recycled water pipeline or facility with excess capacity and establishing a reimburse-
ment procedure and schedule for the additional costs to be incurred for the excess capacity. (Ord.
47 § VI.5, 2019; Ord. 45 § VI.5, 2009)
2.20.050 Determination of materials and additional cost of facilities.
The materials for water pipelines and other facilities shall be determined by the General Manager,
who shall give due regard to the potential development in the territory that can reasonably be served
by District facilities. The General Manager shall approve the costs for construction of pipeline ex-
tensions and/or excess capacity as provided in this chapter, if any, over and above the cost of a
standard size pipeline or other facility sufficient to serve the applicant’s proposed use or develop-
ment. (Ord. 47 § VI.6, 2019; Ord. 45 § VI.6, 2009)
2.20.060 Payment of proportionate cost prior to connection.
The District shall only accept, process, or approve applications for water or recycled water pipelines
or facilities once the applicant has paid its proportionate share of the cost to the District according
to the terms, schedules, and conditions set forth in this chapter.
The District shall not accept, process, or approve an application for a connection to a water or recy-
cled water pipeline if:
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1. The pipeline or other facility has been installed in any manner other than by public improve-
ment proceedings for which an assessment has been levied or a connection fee established
by the Board, and
2. Neither the applicant, nor the applicant’s predecessor in interest, has paid the proportionate
share of the cost of the water or recycled water pipeline or facility for the property served.
(Ord. 47 § VI.7, 2019; Ord. 45 § VI.7, 2009)
2.20.070 Reimbursement agreement.
A. Cost Determination for Reimbursement Agreement. In determining pipeline extension and/or
excess capacity costs for a reimbursement agreement, the costs considered shall include the
actual construction cost and necessary right-of-way or easement acquisition, environmental
and engineering services, construction management, inspection, and directly related incidental
costs. The Executive Manager or designee shall make the final determination of the pro rata
cost share of the pipeline extension and/or excess capacity. In all cases, the minimum pipe
size for a distribution system pipeline shall be 8 inches or the diameter required to deliver the
water or recycled water demands for the proposed use or development in accordance with
District standards, whichever is greater. The cost of excess capacity shall be determined as
the difference in cost between the minimum pipe size or facility cost required to serve the pro-
posed use or development and the recommended size to meet District system requirements.
B. Easements to be Provided—Title Insurance Policy. If a reimbursement agreement is entered
into between applicant and the District, applicant shall grant easements to the District in the
event the water or recycled water pipeline or facilities lie outside of District property or ease-
ments or public right-of-way, and shall provide a Title Insurance Policy showing that grantor
has the valid title to grant such an easement. Such easement shall be subject to the approval
of the General Counsel for the District for legal adequacy and shall be subject to the approval
of the Public Works Director and Executive Manager in all other respects.
C. Construction Costs to be Deposited. If applicant desires that the water or recycled water pipe-
line extension and/or excess capacity and related facilities be constructed by the District, and
the Executive Manager recommends that the District construct such facilities, the applicant
shall deposit with the District the sum of money the Executive Manager determines necessary
to construct such improvements identified in the reimbursement agreement.
D. Source of Reimbursement. The District shall reimburse the applicant only from either the water
or recycled water connection fee fund or the water or recycled water replacement fund, subject
to availability of funds, and the District’s responsibility shall be no greater than as set forth in
this title.
E. Authority and Period for Reimbursement of Improvement. The Executive Manager is empow-
ered to prepare a reimbursement agreement to be entered into by the District and the applicant
who constructs water or recycled water pipeline extensions or excess capacity. Such agree-
ment shall provide that the District will reimburse the additional costs for water or recycled water
pipeline extensions or excess capacity. The agreement shall be limited to a seven-year period
from and after the date of signing or five years after the pipeline or facility has been accepted
by the District. Any right to reimbursement shall expire in accordance with the time specified in
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the reimbursement agreement. Payment shall only be made to the applicant, or designee, at
the address filed with the District by the applicant for that purpose. No interest shall accrue to
applicant pursuant to this section, or under any contract entered into pursuant to this section.
The District shall not be liable to the subdivider for such moneys if the collection of the charge
is prevented by judgment or order of court, or if such moneys are not collected due to inadvert-
ence or neglect of the officers or employees of the District or City of Carlsbad. In no event shall
the District be liable or in any way responsible for failure to collect such connecting fees, or for
failure to pay any money to applicant. (Ord. 47 §§ VI.8—10, 13, 2019; Ord. 45 §§ VI.8—10, 13,
2009)
2.20.080 Improvements constructed under the Improvement Act of 1911—District’s
participation.
If any of the improvements qualify for reimbursement under this chapter and are constructed through
a 1911 Act of Improvement District as defined in the Improvement Act of 1911, Division 7 of the
California Streets and Highways Code, the District will pay the owner or owners of the assessed
property the sums it would otherwise pay to an individual applicant under the terms of this chapter.
The payments will be made at the times mentioned in this chapter to the property owner or owners
at the time the payment is made. (Ord. 47 § VI.11, 2019; Ord. 45 § VI.11, 2009)
2.20.090 Payments—Time limit for recovery.
Any funds mailed to the applicant or other party to the reimbursement agreement which are returned,
or where the check, voucher, or other payment remains uncashed after expiration of the applicable
retention period, shall revert to the District’s water or recycled water connection fee fund or water or
recycled water replacement fee fund as appropriate, and shall not be recoverable by the payee.
(Ord. 47 § VI.12, 2019; Ord. 45 § VI.12, 2009)
2.20.100 Water or recycled pipeline extensions.
A. Within Subdivisions.
1. Subdividers shall install water or recycled water pipelines to all property within the subdi-
vision. When the water or recycled water pipelines are constructed by the subdivider, then
no reimbursement agreement shall be available to the subdivider for any portion of the
water or recycled water pipeline constructed within the limits of the subdivision or in streets
that are immediately adjacent to the external limits of the subdivision with the following
exception:
When a subdivider is required to install a water or recycled water pipeline extension in
excess of their requirements for continuity and full development of the District water sys-
tem, as determined by the General Manager, then the District will pay the additional costs
required to construct the water or recycled water pipeline in excess of 8 inches in diameter
or in excess of the diameter required to serve the subdivision, whichever is larger.
2. Subdividers shall extend to the external limits of the subdivision all water and recycled
water pipelines placed in and about the subdivision. The subdivider may enter into a
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reimbursement agreement with the District for off-site portions of water or recycled water
pipeline extensions they must install for the subdivision.
B. For Length of Property Frontage. An applicant, subdivider, or individual developer shall cause
the construction of water or recycled water pipeline to the external limits of the property line
along the entire property frontage abutting upon the water or recycled water pipeline. However,
for a large undeveloped frontage, the water or recycled water pipeline shall extend for a mini-
mum length of 75 feet along the frontage if all the following conditions apply:
1. That the portion of the property being connected to the water or recycled water pipeline
will totally contain the parcel or parcels served by the pipeline, together with sufficient side
yard setbacks as required by applicable zoning law; and
2. That sufficient area remains in the unconnected portion of the property in which to con-
struct one or more living units in accordance with the applicable zoning laws. (Ord. 47 §§
VI.14, 15, 2019; Ord. 45 §§ VI.14, 15, 2009)
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Chapter 2.24
ENGINEERING SERVICES FEES
Sections: 2.24.010 Established by resolution. 2.24.020 Adjustment of fees by resolution. 2.24.030 When paid.
2.24.010 Established by resolution.
The engineering service fees shall be established by resolution of the Board. The purpose of the
engineering services fees is to defray the costs associated with the District’s review and approval of
studies, maps, plans, specifications, and easements and quitclaims in connection with the City’s
development review process and inspection of potable water and recycled water facilities including,
but not limited to, the installation or relocation of pipelines, service connections, service lines, and
meters.
A. Policy. The District Engineer shall review plans and other required documents for potable and
recycled water facilities to be abandoned, replaced, or constructed and added to the systems
of the District at a charge of the estimated cost of providing those services.
B. Fees. The fees shall be fixed and established by resolution of the Board.
C. Private On-Site Irrigation System. The plans for the private, on-site, irrigation system for a pro-
posed development shall be reviewed by the City’s Planning Department and the District En-
gineer. A plan check fee shall be paid by the applicant to cover the City’s cost to review and
approve the irrigation system plans. The County of San Diego Department of Environmental
Health and Quality will also review all private on-site irrigation plans where recycled water is
proposed to be used for irrigation. A separate plan check fee shall be submitted to the County
of San Diego, together with the landscape and irrigation plans and the City’s application form.
(Ord. 47 § VII.1, 2019; Ord. 45 § VII.1, 2009)
2.24.020 Adjustment of fees by resolution.
The City’s Finance Department, on behalf of the District, shall periodically review the fees charged
for engineering services to ensure that the fixed fees do not exceed the estimated costs of providing
the services, and are fair and appropriate. Adjustments to the fixed fees may be made at any time
by resolution, but shall be adjusted annually by a ratio using the Engineering News Record Con-
struction Cost Index for Los Angeles. (Ord. 47 § VII.2, 2019; Ord. 45 § VII.2, 2009)
2.24.030 When paid.
A. All fees to review improvement plans, easements, quitclaims, or other documents required dur-
ing the development review process are paid upon initial submittal to the City based on the cost
estimate (valuation) submitted with the initial submittal. Near the end of the plan check process
and prior to the plan approval, the applicant must pay any balance of plan check fees or receive
a refund for excess fees paid.
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B. Prior to issuance of a right-of-way permit to construct the improvements, the applicant shall pay
inspection fees that cover the inspection of District improvements. (Ord. 47 § VII.3, 2019; Ord.
45 § VII.3, 2009)
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Chapter 2.28
FIRE HYDRANTS
Sections: 2.28.010 Use of fire hydrants—Generally. 2.28.020 Regulation of water supply from a fire hydrant. 2.28.030 Replacing cap after use. 2.28.040 Use of fire pipeline for other than fire purposes. 2.28.050 Private fire lines, etc.—Service connections.
2.28.010 Use of fire hydrants—Generally.
Fire hydrants are provided for the purpose of providing connections for the extinguishing of fires and
shall be opened and used only by the District and the City’s Fire Department or such persons as
shall be authorized to do so by the Executive Manager. (Ord. 47 § VIII.1, 2019; Ord. 45 § VIII.1,
2009)
2.28.020 Regulation of water supply from a fire hydrant.
Persons wishing to take a supply of water from a fire hydrant must make application to the City’s
Engineering Department for such service by applying for a Water Meter Permit to obtain a construc-
tion meter. The District will make the necessary connections and install a meter of the required size
upon payment of a deposit fee and an installation fee in effect at the time of issuance of the Water
Meter Permit. (Ord. 47 § VIII.2, 2019; Ord. 45 § VIII.2, 2009)
2.28.030 Replacing cap after use.
Every person authorized to open a fire hydrant shall replace the cap on the outlet when the same is
not in use and leave the hydrant in as good condition as when found, and such person shall report
to the District or the Fire Chief of the City any leaks or breaks or damage to the fire hydrant imme-
diately upon discovery. (Ord. 47 § VIII.3, 2019; Ord. 45 § VIII.3, 2009)
2.28.040 Use of fire pipeline for other than fire purposes.
No fire pipeline shall be used for any purpose other than for the extinguishment of fire, unless the
same is equipped with a construction meter, in which event there shall be a charge for the water
used, together with the cost of the construction meter. (Ord. 47 § VIII.4, 2019; Ord. 45 § VIII.4, 2009)
2.28.050 Private fire lines, etc.—Service connections.
Where a privately-owned fire line is used for fire purposes only and is connected to an automatic
fire extinguishing system or other standard fire hydrant, the owner shall pay for all service connec-
tions from the District water pipeline to the backflow prevention assembly. (Ord. 47 § VIII.5, 2019;
Ord. 45 § VIII.5, 2009)
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Chapter 2.32
CROSS-CONNECTION CONTROL PROGRAM
Sections: 2.32.010 Purpose of provisions. 2.32.020 Adopted by reference. 2.32.030 Backflow prevention assembly removal. 2.32.040 Site supervisor. 2.32.050 Water system survey. 2.32.060 Customer notification. 2.32.070 Retrofitting fire protection systems with backflow prevention assemblies. 2.32.080 Water service termination. 2.32.090 Requirements for backflow prevention assembly testers. 2.32.100 Recycled water use. 2.32.110 Fees. 2.32.120 Violations. 2.32.130 Severability.
2.32.010 Purpose of provisions.
The purpose of this chapter is to:
A. Protect the public water supply against actual or potential contamination through cross con-
nections by containing within the customer’s system, sources of contamination that may occur
within a customer’s premises because of some undiscovered or unauthorized cross-connection
on the premises;
B. To provide for the maintenance of a continuing program of cross-connection control which will
systematically and effectively prevent the contamination or pollution of the District’s water and
recycled water systems. (Ord. 47 § IX.1, 2019; Ord. 45 § IX.1, 2009)
2.32.020 Adopted by reference.
A. Article I of Group 4 of subchapter 1 of Chapter 5 of Title 17 of the California Administrative
Code entitled “Drinking Water Supplies” (17 CAC Section 7583 et seq.) relating to the imple-
mentation of the cross-connection control program and provisions for backflow protection, test-
ing and maintenance of records of locations, tests and repairs of backflow prevention devices
and its successor regulations within the code are adopted by reference and supplemented and
implemented by this chapter.
B. Backflow testing requirements and passing test criteria shall be determined in accordance with
the most recent requirements and/or recommendations of the California Department of Public
Health’s approved laboratory.
C. The California Regional Water Quality Control Board, San Diego Region, issues Orders that
regulate recycled water use site conditions and inspection requirements within the District. All
requirements of the current Order shall be deemed part of this chapter. (Ord. 47 § IX.2, 2019;
Ord. 45 § IX.2, 2009)
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2.32.030 Backflow prevention assembly removal.
Approval must be obtained from the District before a backflow prevention assembly is removed or
relocated.
A. The use of an assembly may be discontinued and the assembly removed from service upon
presentation of sufficient evidence to the District to verify that a hazard no longer exists or is
not likely to be created in the future. The District shall make the determination of whether a
hazard exists or may exist in the future.
B. An assembly may be relocated following confirmation by the District that the relocation will
continue to provide the required protection and satisfy installation requirements. A retest, per-
formed at the customer’s expense, will be required following relocation of the assembly.
C. An assembly may be removed for repair, provided the water use is either discontinued until the
repair is completed and the assembly is returned to service, or the service connection is
equipped with other backflow protection approved by the District. A retest, at the customer’s
expense, will be required following the repair of the assembly.
D. An assembly may be removed and replaced provided the water use is discontinued until the
replacement assembly is installed and retested at the customer’s cost. All replacement assem-
blies must be approved by the District. (Ord. 47 § IX.3, 2019; Ord. 45 § IX.3, 2009)
2.32.040 Site supervisor.
A. At each premise where recycled water is used or where it is necessary in the opinion of the
District, a site supervisor shall be designated by and at the expense of the customer. This site
supervisor shall be responsible for complying with applicable rules and regulations relating to
recycled water use, monitoring of backflow prevention assemblies and for avoidance of cross
connections.
B. The site supervisor shall attend District approved training in the use of recycled water. The site
supervisor shall be responsible for monthly tailgate trainings as well as training new employees
prior to their assignment to a recycled water use site. Documentation of these trainings must
be made available during the annual walk-through inspection.
C. In the event of the potential for contamination or pollution of either the public or the customer’s
potable water system due to a cross-connection on the premises, the District shall be immedi-
ately notified by the site supervisor so that appropriate measures may be taken to overcome
the potential contamination or pollution.
D. The customer shall inform the District of the site supervisor’s identity (name, address, and tel-
ephone number) on an annual basis and whenever a change occurs.
E. Failure to comply with site supervisor requirements may result in discontinuance of water ser-
vice. (Ord. 47 § IX.4, 2019; Ord. 45 § IX.4, 2009)
2.32.050 Water system survey.
A. Backflow prevention assemblies will be required per the current edition of the City’s Engineer-
ing Standards. These backflow assemblies shall be tested by a tester who meets the
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requirements for a backflow assembly tester per this chapter upon installation and at the cus-
tomer’s expense. The test must meet passing criteria as stated in Section 2.32.020.
B. The District may require an on-premises inspection to evaluate cross-connection hazards. The
Public Works Director will transmit a written notice requesting an inspection appointment to
each affected customer. Any customer who cannot or will not allow an on-premises inspection
of their piping system shall be required to install the backflow prevention assembly the District
considers necessary.
C. The Public Works Director may, at his or her discretion, require a re-inspection for cross-con-
nection hazards of any premises to which the District serves water. The District will transmit a
written notice requesting an inspection appointment to each affected customer.
D. Any customer who cannot or will not allow an on-premises inspection of the customer’s piping
system must install the backflow prevention assembly the Public Works Director considers
necessary. In addition, the District may use any lawful procedure to enter and inspect any
premises. (Ord. 47 § IX.5, 2019; Ord. 45 § IX.5, 2009)
2.32.060 Customer notification.
A. Assembly Installation.
1. The Public Works Director will notify the customer of the survey findings, listing the cor-
rective actions to be taken if any are required. A period of 30 days will be given to complete
all corrective actions required including the installation of backflow assemblies and pass-
ing test results submitted to the District. Backflow assembly installation standards will be
in accordance with the current edition of the City’s Engineering Standards.
2. A second notice will be sent to each customer who does not take the required corrective
actions prescribed in the first notice within the 30 calendar days allowed. The second
notice will give the customer a 2-week period to take the required corrective action.
3. A third and final notice shall be sent to each customer who does not take the required
corrective actions as prescribed in the first 2 notices. The final notice will give the customer
10 days to take the required action. If the customer fails to complete the corrective action
within the 10-day period, the District shall terminate water service to the affected customer
until the required corrective actions are taken and the customer has paid all applicable
fees associated with water service termination.
B. Testing and Maintenance.
1. The Public Works Director will notify each affected customer in writing 30 days prior to the
due date that the backflow prevention assembly installed on their service connection must
be tested, repaired if necessary and then retested. This written notice will include the form
the customer must complete and resubmit to the District. The customer shall have a cer-
tified tester perform the test and document the results of the testing on the prescribed
form. The customer is responsible for ensuring that the completed form is returned to the
District in the prescribed time frame. Tests that do not meet passing criteria will not be
accepted.
2. A second notice shall be sent to each customer who does not have the backflow preven-
tion assembly tested as prescribed in the first notice within the 30-calendar-day period
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allowed. The second notice will give the customer a 2-week period to have the backflow
prevention assembly tested with passing test criteria.
3. A third and final notice shall be sent to each customer who does not have the backflow
prevention assembly tested as prescribed in the first 2 notices. The final notice will give
the customer 10 days to have the backflow prevention assembly tested with passing cri-
teria. If no action is taken within the 10-day period, the District shall terminate water service
to the affected customer. Water service shall not be reactivated until the customer has
paid all applicable fees associated with water service termination and the District has been
notified by an approved tester that they have been contracted to perform the backflow
assembly test. The District will make an appointment with the tester to restore water ser-
vice so that the test may be performed. Any needed repairs and a passing re-test must be
completed within 5 business days or water service will be discontinued, with all applicable
fees being reapplied. (Ord. 47 §§ IX.6, 8, 2019; Ord. 45 §§ IX.6, 8, 2009)
2.32.070 Retrofitting fire protection systems with backflow prevention assemblies.
A. Upon modification to existing fire protection systems that are not currently protected by either
a reduced pressure principle detector assembly (RPDA) or a double check detector assembly
(DCDA), the District will require the fire service supply line be retrofitted with either a DCDA or
an RPDA when any of the following occurs:
1. Any change in the fire protection water supply that would require an upgraded increase in
the fire service supply line;
2. Any renovation work to a structure or structures involving changes and/or additions to the
fire sprinkler system, which require an increase in the minimum approved fire flow require-
ments from the underground fire service supply line;
3. When a leak is detected in the underground backflow swing-check valve, requiring re-
placement;
4. Any failure in the post indicator valve system, which would require more work than the
standard maintenance procedures;
5. Anytime a fire service supply line for an existing fire protection system fails, including
maintenance, testing, and seismic failures, and the fire protection system shall be retrofit-
ted with approved backflow prevention assemblies.
B. In all cases of a retrofit, the fire protection system shall be hydraulically calculated to meet the
minimum fire flow demand of the fire sprinkler system. This determination shall be based on
compliance with the National Fire Protections Association’s standard for minimum design and
water flow requirements for sprinkler systems.
C. The District shall determine the degree of hazard to determine whether the fire service must
be retrofitted with a DCDA or an RPDA.
D. Detector assemblies will be installed per the current edition of the City’s Engineering Standards.
(Ord. 47 § IX.7, 2019; Ord. 45 § IX.7, 2009)
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2.32.080 Water service termination.
A. When the District encounters water uses that represent a clear and immediate hazard to the
water supply that cannot be immediately abated, the District shall institute the procedure for
discontinuing the District water service.
B. Conditions or water uses that create a basis for water service termination shall include, but are
not limited to the following items:
1. Refusal to install a required backflow prevention assembly;
2. Refusal to test a backflow prevention assembly;
3. Refusal to repair a faulty backflow prevention assembly;
4. Refusal to replace a faulty backflow prevention assembly;
5. Direct or indirect connection between the public water system and a sewer line;
6. Unprotected direct or indirect connection between the public water system and a system
or equipment containing contaminants;
7. Unprotected direct or indirect connection between the public water system and an auxiliary
water system;
8. A situation which presents an immediate health hazard to the public water system.
C. For conditions 1, 2, 3 or 4, the District will terminate service to a customer’s premises after 3
written notices have 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 shall
be terminated. The water service will remain inactive until correction of violations has been
approved by the District and payment received for all applicable fees associated with water
service termination.
D. For conditions 5, 6, 7 or 8, the District will take the following steps:
1. Make reasonable effort to advise customer of intent to terminate water service;
2. Terminate water supply and lock service valve. The water service will remain inactive until
correction of violations has been approved by the District and payment received for all
applicable fees associated with water service termination. (Ord. 47 § IX.9, 2019; Ord. 45
§ IX.9, 2009)
2.32.090 Requirements for backflow prevention assembly testers.
A. Competency in all phases of backflow prevention assembly testing and repair must be demon-
strated by means of education and/or experience to obtain certification.
B. The following are minimum requirements:
1. Applicants shall hold and submit a copy to the District of a valid backflow prevention as-
sembly tester certificate from the American Water Works Association (AWWA) California-
Nevada Section, American Backflow Prevention Association (ABPA), or have equivalent
certification in the opinion of the District and the California Department of Public Health.
2. All backflow testers shall submit to the District current gauge calibration certificates for
test kits to be used within the District service area. Gauges must undergo an annual
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calibration check. The tester shall be responsible for the competency and accuracy of all
tests and reports prepared by him or her.
C. A tester may have his or her testing privileges revoked or suspended by the District for improper
testing, repairs and/or reporting. (Ord. 47 § IX.10, 2019; Ord. 45 § IX.10, 2009)
2.32.100 Recycled water use.
A. The inspection of recycled water use sites will be performed per the requirements of the State
of California Department of Public Health, County of San Diego Department of Environmental
Health, California Regional Water Quality Control Board, San Diego Region, or other regulatory
agency or as determined by the District.
B. The recycled water user shall provide the District with an accurate set of controller charts. Each
chart is to be a reduced drawing of the as-built system. The chart shall use a different color to
show the area of coverage for each station. (Ord. 47 § IX.11, 2019; Ord. 45 § IX.11, 2009)
2.32.110 Fees.
Fees to implement, maintain, administer, and enforce this chapter shall be established by resolution
of the Board. (Ord. 47 § IX.12, 2019; Ord. 45 § IX.12, 2009)
2.32.120 Violations.
It is unlawful for any person to violate any provision or fail to comply with any requirement of this
chapter. Any person violating any of the provisions or failing to comply with any of the provisions of
this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than
$1,000.00, or by imprisonment in the County Jail for a period not exceeding 6 months, or by both.
(Ord. 47 § IX.13, 2019; Ord. 45 § IX.13, 2009)
2.32.130 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter or
any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this chapter or any part thereof. The Board declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof, irrespective
of the fact that any one or more sections, subsections, subdivision, paragraphs, sentences, clauses,
or phrases be declared invalid. (Ord. 47 § IX.14, 2019; Ord. 45 § IX.14, 2009)
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Chapter 2.36
PROCEDURES FOR WORK IN THEDISTRICT RIGHT-OF-WAY
Sections: 2.36.010 Title. 2.36.020 Definitions. 2.36.030 Public Works Director’s authority and responsibilities. 2.36.040 Permits—Required. 2.36.050 Application for right-of-way permit or encroachment permit. 2.36.060 Permits—Requirements of plans. 2.36.070 Commencement and completion of work. 2.36.080 Requirements for performance of work. 2.36.090 Acceptance of work. 2.36.100 Permit—Denial and revocation. 2.36.110 Appeal procedure. 2.36.120 Encroachment and right-of-way application and permit fees. 2.36.130 Performance deposits. 2.36.140 Placement of materials or obstruction of District right-of-way. 2.36.150 Relocation of structures—Removal of encroachment. 2.36.160 Holding District harmless—Insurance. 2.36.170 District not liable for damage to encroachment or encroachment area. 2.36.180 Exemptions.
2.36.010 Title.
This chapter may be cited as the “Right-of-Way Permit and Encroachment Agreement.” (Ord. 47 §
X.1, 2019; Ord. 45 § X.1, 2009)
2.36.020 Definitions.
The following words shall have the following meanings and set out in this chapter:
“Encroachment” means and includes any tower, pole, pole line, pipeline, fence, billboard, stand or
building, or any structure, or pavement of any kind or character whether it is particularly men-
tioned in this subsection, which is placed in, under, or over any portion of a District facility or
right-of-way.
“Plans” means the document developed and approved by the Public Works Director describing the
nature and extent of works proposed to be constructed or carried out in a District right-of-way.
“Right-of-way” means any District real property easement, District interest in real property, or public
utility easement used by the District.
“Specification” means the Standard Specifications used for public works construction (current edi-
tion including supplements) written and promulgated by the Southern California Chapter of
American Public Works Association and Southern California District Associated General Con-
tractors or California Joint Cooperative Committee and published by Building News Incorpo-
rated or other such specifications noted on approved plans including District standard drawings
and specifications.
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“Standard drawings” means the standard drawings of the District, adopted and revised by the Public
Works Director and most recently adopted San Diego Regional Standard Drawings. (Ord. 47 §
X.2, 2019; Ord. 45 § X.2, 2009)
2.36.030 Public Works Director’s authority and responsibilities.
This chapter shall be administered by the Public Works Director who shall have the responsibility
and authority to:
A. Establish the form and procedures for application for encroachment permits required pursuant
to this title including the certification of completed applications, the approval of plans, the es-
tablishment of files, collection of fees and security deposits;
B. Interpret provisions of this title and advise the public regarding requirements for plans, specifi-
cations, and special provisions for facilities or encroachments subject to the provisions of this
title;
C. Establish the format and content of plans and standards governing work on facilities or en-
croachments pursuant to the provisions of this chapter;
D. Issue permits upon such conditions as determined are reasonable and necessary to protect
the public health, safety, and welfare;
E. Amend any permit issued when determined that such amendment is necessary to provide for
the safe and efficient movement of traffic, or to protect District facilities, persons, or property.
(Ord. 47 § X.3, 2019; Ord. 45 § X.3, 2009)
2.36.040 Permits—Required.
No person shall do any of the following acts without first obtaining a valid right-of-way permit and
encroachment agreement:
A. Make, or cause to be made, an excavation or opening, fill or obstruction in, over, along, across,
or through any District right-of-way for any purpose whatsoever;
B. Construct or repair, or cause to be constructed or repaired, any fence, curb, sidewalk, gutter,
curb with integral gutter, drive approach, driveway, alley approach, spandrel and cross gutter,
wheelchair ramp, structure, planter, wire, pipe, conduit, cable, or vault over, along, across,
overhanging, or through any District facility or right-of-way;
C. Plant any tree, plant, shrub, or flower within any District right-of-way;
D. Construct or modify, or cause to be constructed or modified, any storm drain or conveyor of
drainage of waters and appurtenance items within a District right-of-way, except for drainage
by controlled surface flow;
E. Modify, alter or deface any block wall on or adjacent to a District right-of-way;
F. Enter into or exit from any District right-of-way at any location not approved and constructed as
a driveway. (Ord. 47 § X.4, 2019; Ord. 45 § X.4, 2009)
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2.36.050 Application for right-of-way permit or encroachment permit.
A. Any person proposing to do any of the acts described in Section 2.36.040 of this chapter shall
make an application for a: (1) right-of-way permit, and if required (2) encroachment agreement
to the Public Works Director.
B. The following information shall be included in the application:
1. The location, nature, and extent of work to be performed;
2. The proposed date when such work shall be commenced;
3. The proposed date when the work shall be completed;
4. Such other information as may be required by the Public Works Director.
C. The Public Works Director may require the application to contain an encroachment agreement
if deemed necessary due to the location, size, duration, and/or nature of the encroachment.
The encroachment agreement shall:
1. Require the encroachment to be placed and maintained in a safe and sanitary condition
and without hindering access for maintenance or operation of District facilities;
2. Require removal of the encroachment by the permittee upon reasonable demand by the
Public Works Director;
3. Allow the District to remove the encroachment and place a lien on the property if the per-
mittee does not remove the encroachment in a reasonable time period;
4. Allow for the removal of the encroachment by the District during the performance of any
emergency repairs without liability to the District for damages;
5. Require adequate security of performance of such promise;
6. Require indemnification of the District in accordance with Section 2.36.160;
7. Be in a form acceptable to the General Counsel. (Ord. 47 § X.5, 2019; Ord. 45 § X.5,
2009)
D. The applicant may be required to provide proof of liability insurance in an amount set by the
City’s Risk Manager and may be requested to name the District as an additional insured under
the insurance policy. The insurance shall be provided by a company satisfactory to the City’s
Risk Manager. Any deductible or self-insured retention under the insurance policy shall be in
an amount acceptable to the City’s Risk Manager. (Ord. 47 § X.16, 2019; Ord. 45 § X.16, 2009)
2.36.060 Permits—Requirements of plans.
The Public Works Director may require the proposed work to be accompanied by plans if the Public
Works Director determines the proposed work requires the making of plans, setting of stakes, or
both. These plans shall be prepared by a competent engineer licensed by the California Department
of Consumer Affairs. These plans shall be reviewed by the Public Works Director or designee and
the applicant shall pay the necessary fees in accordance with Chapter 2.24. The applicant shall bear
all costs to prepare and process said plans. (Ord. 47 § X.6, 2019; Ord. 45 § X.6, 2009)
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2.36.070 Commencement and completion of work.
Every permittee shall commence work as stipulated in the permit application and diligently pursue
the work to completion without interruption within the time period specified in the permit. A permit
issued under this chapter may be limited to a period of time as specified in the permit. (Ord. 47 §
X.7, 2019; Ord. 45 § X.7, 2009)
2.36.080 Requirements for performance of work.
A. The permittee shall perform the work in a timely manner, in accordance with applicable plans,
specifications and District standards to the satisfaction of the Public Works Director.
B. No person shall cause any improvement or appurtenant work to be performed on any District
right-of-way by any person other than a licensed contractor or a public utility.
C. All work shall be inspected by the District representative as follows:
1. No person shall prevent or obstruct the District representative in making any inspection
authorized by this title or in taking any sample or in conducting any test.
2. Inspection requests must be made with 24-hour notice to the District.
3. All work not in conformance with approved plans and specifications is subject to rejection
by the District.
4. Request for final inspection shall be made in writing.
D. As the work progresses, the District right-of-way shall be thoroughly cleaned of all rubbish,
excess earth, rock and other debris resulting from such work. All construction and maintenance
work shall be done in a manner designed to leave the area clean of earth and debris and in a
condition as nearly as possible to that which existed before such work began. All cleanup op-
erations at the location of such work shall be accomplished at the expense of the permittee.
Upon failure of the permittee to clean the area, the District may proceed with cleanup and
removal of the material or obstruction in accordance with procedures identified in Section
2.36.140 of this chapter. (Ord. 47 § X.8, 2019; Ord. 45 § X.8, 2009)
2.36.090 Acceptance of work.
The Executive Manager or designee will issue a certificate of acceptance if the work has been com-
pleted according to the requirements of this chapter and the permit. This determination may be
reached by performing a survey, or by inspection, or by both methods. The certificate of acceptance
will contain a statement of the location, nature, and extent of the work performed under the permit.
(Ord. 47 § X.9, 2019; Ord. 45 § X.9, 2009)
2.36.100 Permit—Denial and revocation.
A. The District may deny the issuance of a right-of-way permit to any person who refuses or fails
to comply with the provisions of this chapter, who is indebted to the District for past permit
violations, or who, in the judgment of the Public Works Director, has repeatedly violated permit
procedures or failed to comply with conditions requiring protection of the public health and
safety.
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B. The Public Works Director may deny the issuance of a right-of-way permit to any person who
refuses to execute an encroachment agreement as required by Section 2.36.050.
C. Any permittee found in violation of the conditions of the permittee’s permit or the provisions of
this chapter shall be given a written notice to comply, explaining the violation and corrective
actions required. Upon receipt of the notice to comply, the permittee shall take action to correct
the condition of violation within the period provided in the notice. If, within that period, appro-
priate measures have not been implemented, the District may revoke the permit, pursue en-
forcement remedies under Carlsbad Municipal Code Chapters 1.08 and 1.10, and take any
measures required to secure the work site or return the work site to its original condition. The
District may charge the permittee for all costs of such corrective work.
D. A revoked permit may be reinstated if the permittee demonstrates, to the satisfaction of the
Public Works Director, that work will be continued in conformance with the permit and the pro-
visions of this chapter.
E. The Public Works Director shall require, as a condition of the permit, payment of all charges
incurred by the District as a result of permit revocation including any penalties for violation of
the provisions of this chapter as provided in Section 1.20.010. (Ord. 47 § X.10, 2019; Ord. 45
§ X.10, 2009)
2.36.110 Appeal procedure.
A. Any person aggrieved by any decision of the Public Works Director with respect to the issu-
ance, revocation, or refusal to issue a right-of-way or encroachment permit may appeal to the
Board by filing a notice of appeal with the Secretary of the Board within 10 calendar days after
the date of mailing of the decision of the Public Works Director. Appeals shall be in writing and
shall state the basis for the appeal. Fees for filing an appeal shall be in an amount established
by resolution of the Board. The decision of the Board shall be final.
B. Upon filing a written appeal, the Secretary shall fix a time and place for hearing such appeal.
The Secretary shall give notice to the appellant and applicant/permittee of the time and place
of hearing by serving the notice personally or by depositing it in the United States Post Office
postage prepaid, addressed to such persons at their last known address unless otherwise re-
quested in the notice of appeal.
C. The Board shall have the authority to determine all questions raised on such appeal. (Ord. 47
§ X.11, 2019; Ord. 45 § X.11, 2009)
2.36.120 Encroachment and right-of-way application and permit fees.
Encroachment application and right-of-way permit fees shall be charged by the District for the pro-
cessing of an encroachment application and the issuance of a right-of-way permit. The fees shall be
established by resolution of the Board for the purpose of defraying the cost of processing an appli-
cation, issuing the requested permit, inspection of works completed under the permit, and other
costs of administrating this title. The fees shall be paid at the time of application. (Ord. 47 § X.12,
2019; Ord. 45 § X.12, 2009)
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2.36.130 Performance deposits.
A. As a condition of issuance of a right-of-way permit, the Public Works Director may require
posting of a cash deposit or an equivalent security in a form acceptable to the General Counsel.
The applicant shall post a security for 100% of the bond amount for performance and 50% of
the bond amount for labor and materials, totaling 150% of the bond amount. The cash deposit
may be used at the discretion of the Public Works Director to provide for restoration of District
facilities or removal from the right-of-way of work, materials or equipment when permittee or
the permittee’s agent fails to act in a timely manner to provide for the public health, safety, or
welfare. The deposit shall otherwise be for the purpose of guaranteeing performance of work
contemplated under the permit.
B. The amount of the deposit shall be established by the Public Works Director.
C. Upon completion and acceptance of work under permit, any funds unused shall be refunded to
the applicant and any other bonds or security instruments shall be released.
D. If, in the opinion of the Public Works Director, any deposit or security is not sufficient for the
protection of the public interest in the public places, the Public Works Director may require an
additional deposit or an increase in the security in such amount as he or she determines nec-
essary. The permittee shall, upon demand, deposit the additional cash or security.
E. Upon failure or refusal to pay, the Public Works Director may revoke the permit and/or recover
the deficiency by appropriate action in any court of competent jurisdiction, and until such defi-
ciency is paid in full, no other permit shall be issued to such permittee. (Ord. 47 § X.13, 2019;
Ord. 45 § X.13, 2009)
2.36.140 Placement of materials or obstruction of District right-of-way.
A. No person shall place or maintain any material or any obstruction or impediment to travel in or
upon any District right-of-way or access to any District facility without a permit to do so.
B. Persons violating provisions of Sections 2.36.080(D), 2.36.140(A), or 2.36.150(A) shall be is-
sued a notice of removal and given a specified time to remove such material, obstruction or
impediment. Any failure to comply with the notice is unlawful and a public nuisance endanger-
ing the health, safety, and general welfare of the public. In addition to any other remedy pro-
vided by law for the abatement of such public nuisance, the Public Works Director may, after
giving notice, cause the work necessary to accomplish the removal. The costs of removal may
be assessed against the owner or owners of the project creating the obstruction.
C. Notice of removal shall be in writing and mailed to all persons whose names appear on the last
equalized assessment roll as owners of real property creating the obstruction at the address
shown on the assessment roll. Notice shall also be sent to any person known to the Public
Works Director to be responsible for the nuisance. The Public Works Director shall also cause
at least one copy of such notice to be posted in a conspicuous place on the premises. No
assessment shall be held invalid for failure to post or mail or correctly address any notice. The
notice shall particularly specify the work required to be done and shall state that if the work is
not commenced within 24 hours after receipt of such notice and diligently prosecuted (without
interruption) to completion, the District shall cause such work to be done, in which case the
cost and expense of such work, including incidental expenses incurred by the District, will be
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assessed against the property or against each separate lot and become a lien upon such prop-
erty.
D. If upon the expiration of the 24-hour period provided for in subsection C of this section, the
work has not commenced or is not being performed with diligence, the Public Works Director
shall proceed to do such work or cause such work to be done. However, the District may pro-
ceed to remove the encroachment immediately and without notice to the owner if removal of
the encroachment is necessary to make emergency repairs to District facilities.
E. Upon completion of such work, the Public Works Director shall file written report with the Board
setting forth the fact that the work has been completed and the cost of the work, together with
a legal description of the property against which cost is to be assessed. The Board shall there-
upon fix a time and place for hearing protest against the assessment of the cost of such work.
The Public Works Director or the Secretary of the Board, if so directed by the Board, shall
thereafter give notice in writing to the owners of the project in the manner provided in subsec-
tion C of the hour and place that the Board will pass upon the Public Works Director’s report
and will hear protests against the assessments. Such notice shall also set forth the amount of
the proposed assessment.
F. Upon the date and hour set for the hearing of protests, the Board shall hear and consider the
Public Works Director’s report and all protests, if there are any, and then proceed to confirm,
modify, or reject the assessments.
G. A list of assessments as confirmed by the Board shall be sent to the City’s Finance Department
for collection. If any assessment is not paid within 10 days after its confirmation by the Board,
the Secretary shall cause to be filed in the office of the County Recorder a notice of lien, sub-
stantially in the following form:
NOTICE OF LIEN
Pursuant to Carlsbad Municipal Water District Code, the Carlsbad Municipal Water District did
cause maintenance and repair work to be done on the _____ day of _______, 20__, in the
District right-of-way for the purpose of abating a public nuisance caused by activities related to
construction at the property described below. The Board of Directors of the Carlsbad Municipal
Water District, by Resolution No. ___ dated the _____ day of _______ 20__, did assess the
cost or portion of the cost of the work upon the real property described below, and the same
has not been paid in whole or part, and the Carlsbad Municipal Water District claims a lien
upon said real properly until the same sum with interest at the maximum rate allowed by law
from the date of the recordation of this instrument has been paid in full and discharged of rec-
ord. The real property upon which a lien is claimed is that certain parcel of land in the City of
Carlsbad, County of San Diego, State of California, particularly described as follows:
(Description of property)
_____________________________________________
Dated this ___ day of _______, 20__
_____________________________________________
Secretary of the Board, Carlsbad Municipal Water District
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H. From and after the date of recordation of such notice of lien, the amount of the unpaid assess-
ment shall be a lien on the property against which the assessment is made, and such assess-
ment shall bear interest at the maximum rate allowed by law until paid in full. The lien shall
continue until the amount of the assessment and all interest on the assessment has been paid.
The lien shall be subordinate to tax liens and all fixed special assessment items previously
imposed upon the same property, but shall have priority over all contractual liens and all fixed
special assessment liens, which may subsequently be created against the property, to the
maximum extent permissible by law. From and after the date of recordation of such notice of
lien, all persons shall be deemed to have notice of the contents of the lien. (Ord. 47 § X.14,
2019; Ord. 45 § X.14, 2009)
2.36.150 Relocation of structures—Removal of encroachment.
A. The Public Works Director may require any permittee, who pursuant to a duly issued right-of-
way permit under this title, has performed construction work or placed and maintained any
encroachment, to remove or move the encroachment at the permittee’s own cost and expense
to such different location as is specified in a written demand of the Public Works Director,
whenever such move is necessary to ensure the safety and convenience of the public or the
operation, maintenance, reconstruction or replacement of District facilities. The Public Works
Director shall specify in the demand a reasonable time within which the work of relocation must
be commenced, and the permittee must commence the relocation within the time specified in
the demand and diligently prosecute the same to completion. If permittee fails to diligently re-
move the encroachment, the Public Works Director may proceed under Section 2.36.140.
B. The District shall have the right to relocate or remove any encroachment in response to an
emergency condition requiring immediate repair, without the notification of the permittee or the
owner of any encroachment into a District right-of-way. (Ord. 47 § X.15, 2019; Ord. 45 § X.15,
2009)
2.36.160 Holding District harmless—Insurance.
The applicant for a permit, as a condition to receiving a permit shall sign a statement agreeing to
indemnify, defend, and hold harmless the District and its officers and employees, from any liability
or responsibility for death or injury to persons and loss or damage to property happening or occurring
as a result of the design or performance of any work undertaken under any permit granted pursuant
to the application. The applicant may be required to provide proof of liability insurance in an amount
set by a resolution of the Board and may be requested to name the District as an additional insured
under the insurance policy. The insurance shall be provided by a company satisfactory to the City’s
Risk Manager. Any deductible or self-insured retention under the insurance policy shall be in an
amount acceptable to the City’s Risk Manager. (Ord. 47 § X.16, 2019; Ord. 45 § X.16, 2009)
2.36.170 District not liable for damage to encroachment or encroachment area.
The District shall not be liable for any damages whatsoever to the encroachment facilities or en-
croachment area when the damages are related in any way to the District’s continued use of the
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right-of-way, or are as a result of the District’s construction, use, repair, replacement or relocation
of any District facilities within the right-of-way. (Ord. 47 § X.17, 2019; Ord. 45 § X.17, 2009)
2.36.180 Exemptions.
The District, the District’s agents, and the City’s employees, acting in their official capacity, are ex-
empt from the requirements set forth in this title. (Ord. 47 § X.18, 2019; Ord. 45 § X.18, 2009
Sept. 30, 2025 Item #3 Page 53 of 149
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Exhibit 2
RESOLUTION NO. 1785 .
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING AN UPDATE TO THE RESIDENTIAL WATER SERVICE SHUTOFF
PROTECTION POLICY FOR NONPAYMENT OF CHARGES
WHEREAS, on Sept. 28, 2018, the State of California enacted Senate Bill No. 998, or SB 998, the
Water Shutoff Protection Act (California Health and Safety Code, Section 116900 et seq.); and
WHEREAS, SB 998 required the Carlsbad Municipal Water District, or CMWD, to adopt and post
publicly a policy on discontinuation of water service for non-payment, or water shutoff policy, that,
among others, required the CMWD to refrain from shutting off water service for non-payment for at
least 60 days and adhere to specified procedures when pursuing water shutoffs, refrain from shutting
off water service when doing so would pose a serious threat to life or health and safety and/or cause
a severe financial hardship, and report annually the number of discontinuations of residential service
for inability to pay; and
WHEREAS, the CMWD developed a policy to comply with the law and the Board of Directors
approved the Residential Water Service Shutoff Protection Policy for Nonpayment of Charges, or Policy,
via Resolution No. 1625 on Dec. 10, 2019; and
WHEREAS, the Policy was administratively revised on Oct. 13, 2022, to update the CMWD phone
number and website address; and
WHEREAS, Senate Bill No. 3, enacted on Oct. 13, 2023, necessitates an update to the Policy to
extend the availability of alternate payment arrangements to all residents, not just those that
demonstrate medical and financial hardship.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water
District of the City of Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2. That the proposed action to update the Residential Water Service Shutoff Protection
Policy for Nonpayment of Charges is exempt from environmental review under
California Environmental Quality Act Guidelines Section 15061(b)(3) and 15378(b)(5) as
it can be seen with certainty that there is no possibility the proposed action may have a
significant effect on the environment.
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3.That the amended Residential Water Service Shutoff Protection Policy for Nonpayment
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Board of Directors of
the Carlsbad Municipal Water District of the City of Carlsbad, California, and the City Council of the
City of Carlsbad, California, on the 30th day of September, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
_______________________________________
KEITH BLACKBURN, President
_______________________________________
SHERRY FREISINGER, Secretary
(SEAL)
Sept. 30, 2025 Item #3 Page 55 of 149
of Charges (Attachment A) is approved.
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Attachment A
Carlsbad Municipal Water District
5950 El Camino Real Carlsbad, CA 92008 442-339-2420 t
RESIDENTIAL WATER SERVICE SHUTOFF PROTECTION
POLICY FOR NONPAYMENT OF CHARGES
Introduction
The Carlsbad Municipal Water District (CMWD) developed this Residential Water Service
Shutoff Protection Policy for Nonpayment of Charges (Policy) to help residential water service
customers prevent shutoff of water service for nonpayment of charges due to hardship. This
Policy is not applicable when water service is shut off due to unauthorized action by the
customer. This Policy is available on the City of Carlsbad's website:
https://www.carlsbadca.gov/departments/utilities/water.
The number of annual shutoffs for nonpayment is noted on the website. A paper copy of the
Policy is available upon request at the City's Utility Billing Offices at 1635 Faraday Avenue,
Carlsbad, CA 92008.
For more information about this Policy or to discuss options for avoiding discontinuation of
residential water service, please contact the CMWD's billing department by phone at 442-339-
2420 or by email at water@carlsbadca.gov.
Definitions
Water bills – Monthly statements sent to customers indicating the amount of water used during
the billing cycle, rate charged for the water, amount the customer must pay for the water and
date on which the payment is due.
Delinquent account – Those accounts that remain unpaid by the due date. If a customer
attempts to pay their account with a check that is subsequently returned by the customer’s
bank for insufficient funds, on the basis of the account being closed, because of a stop payment
order, or for another reason, that customer’s account will become delinquent if the customer
does not make payment in full by the due date.
Late fee – A fee charged for payments not received by the due date. The late fee is 10% of the
unpaid bill amount.
Water disconnection or shutoff – The CMWD disconnects water service by turning off and
locking the water meter. If a customer's water service is disconnected or shutoff, the customer
must pay a fee to have the CMWD reconnect the water service. Water service reconnected
without CMWD authorization may result in fines or additional charges or fees. Any damages
caused by an unauthorized service reconnection are the customer's responsibility.
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Residential Water Service Shutoff Protection Policy for Nonpayment of Charges
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Notifications
The CMWD will not shut off a residential customer's water service for nonpayment until the
customer's unpaid balance has been delinquent for at least sixty (60) days or if the customer
meets the special criteria as detailed below in the section titled Options Available to Customer.
First Written Shutoff Notice - At least seven (7) business days before shutting off a residential
customer's water service, the CMWD will contact the customer by telephone or mail.
If the CMWD contacts the customer by telephone, the CMWD will offer to provide the
customer with this Policy. The CMWD will also offer to discuss the customer's options for
averting a shutoff for nonpayment, including deferred payments, alternative payment
schedules, unpaid balance amortization, and bill review and appeal (collectively “Alternate
Payment Arrangements”).
If the CMWD contacts the customer by mail, the CMWD will send the customer written notice
of the shutoff to the billing address designated on the customer's account. If the billing address
and the service address are different, a second notice will be mailed to the service address and
addressed to "Occupant."
The written notice will include the customer's name and address, amount of the delinquent
charges, and the date by which the customer must pay or arrange to pay the delinquent
charges to avoid a shutoff. The notice will also include a description of the process to apply for
an extension of time to pay the delinquent amount, a description of the procedure to petition
for a bill review and appeal, and a description of the procedures by which the customer may
request an Alternate Payment Arrangement.
If the written notice is returned as undeliverable, the CMWD will make a good faith effort -to
visit the service address and leave, either with an adult occupying the residence or in a
conspicuous place, a written notice of the imminent shutoff and a copy of this Policy.
Notice to Tenants/Occupants in an Individually Metered Residence – If the landlord of a
residence with individually metered service is the customer with the delinquent account, the
CMWD will make a good faith effort to send a written notice to the tenants/occupants of the
residence at least ten (10) days before water service is shut off. The written notice will advise
the tenants/occupants that they have the right to become customers of the CMWD without
being required to pay the amount due on the delinquent account, if they are willing and able to
assume financial responsibility for subsequent charges for water service at the residence. The
tenants/occupants must provide verification of tenancy in the form of a lease or rental
agreement, rent receipts, a government document indicating the occupant is renting the
property, or other acceptable proof.
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Residential Water Service Shutoff Protection Policy for Nonpayment of Charges
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Notice to Tenants/Occupants in a Multi-Unit Complex Served through a Master Meter – If the
landlord of a multi-unit complex served through a master meter is the customer with the
delinquent account, the CMWD will make a good faith effort to send a written notice to the
tenants/occupants of each unit at least ten (10) days before water service is shut off. The
written notice will advise the tenants/occupants that they have the right to become customers
of the CMWD without being required to pay the amount due on the delinquent account. If one
or more of the occupants at the address served by the master meter are willing and able to
assume responsibility for the subsequent charges for water service to the satisfaction of the
CMWD, or if there is a physical means legally available to the CMWD of selectively terminating
service to those tenants/occupants who have not met the CMWD's requirements for service,
the CMWD will make service available to the occupants who have met the requirements.
Final Written Shutoff Notice – The final written water shutoff notice will be delivered to the
premises no less than five (5) business days in advance of shutoff. The CMWD will visit the
residence and leave the water shutoff notice and a copy of this Policy.
Options Available to the Customer
Bill Review and Appeal – If a customer disputes the customer's water bill, the customer may
make a written request for the bill to be reviewed by the City of Carlsbad's Finance Director.
The written request must be submitted within ten (10) business days after the bill is mailed to
the customer or within five (5) business days after the CMWD informs the customer by
telephone or mail that the customer's water service is subject to shutoff for nonpayment. A
written request for bill review must identify what aspects of the water bill the customer
believes are incorrect, what information and documents the customer believes support the
customer's position, and what resolution the customer seeks. Within ten (10) business days
after receipt of the bill review request, the Finance Director, or a designee, will review the
water bill and provide a written response to the customer.
If the customer disagrees with the Finance Director's response, the customer may, within five
(5) business days of the response, submit a written appeal on the matter to the Deputy City
Manager, Administrative Services. Within ten (10) business days after receiving the appeal, the
Deputy City Manager, Administrative Services, will consider the information and documents
previously submitted to the Finance Director, as well as any additional information or
documents submitted with the appeal, and will issue a written decision independently
determining whether the bill is correct. The decision of the Deputy City Manager,
Administrative Services, is the final administrative decision.
The CMWD will not shut off the customer's water service for nonpayment while the customer's
request for a bill review or appeal is pending. If the bill review or appeal results in a
determination the customer's water bill was incorrect, the CMWD will correct the bill, and the
customer will have twenty-one (21) calendar days to pay the corrected bill amount. If the bill
review or appeal results in a determination that the customer's water bill was correct, the
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customer must pay the bill in full within five (5) business days unless the customer enters into
an approved Alternate Payment Arrangement.
Alternate Payment Arrangement – A customer may request an Alternate Payment Arrangement
before that customer’s account becomes a delinquent account to avoid late fees and service
shutoff.
Additionally, the CMWD will not shut off water service if the customer meets all the following
special criteria:
1. Demonstrates a medical need for continued water service by providing certification
from a primary care provider that water service shutoff will be life-threatening or pose a
serious threat to the health and safety of any person residing at the service address.
2. Demonstrates financial hardship by showing the customer is financially unable to pay
for service within the CMWD's normal billing cycle. A customer will be deemed to have a
qualifying financial hardship if any member of the customer's household currently
receives CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security
Income/State Supplementary Payment Program, or California Special Supplemental
Nutrition Program for Women, Infants, and Children. A customer will also be deemed to
have a qualifying financial hardship if the customer declares that the customer's
household annual income is less than 200% of the federal poverty level.
3. Agrees to enter an Alternate Payment Arrangement.
To enter an Alternate Payment Arrangement:
A. The customer must enter into an Alternate Payment Arrangement Agreement with the
CMWD to amortize the unpaid balance or temporarily defer payments over an agreed upon
period, not to exceed twelve (12) months from the original due date on the bill.
B. The agreed-upon amount (i.e., amortized payments) will be added to the regular monthly
bill or an alternative payment schedule to pay off the previously unpaid balance.
C. The customer must remain current in all subsequent billing periods.
D. The customer cannot request further amortization of any subsequent unpaid charges while
paying delinquent charges from a previous bill.
If the customer does not comply with the Alternate Payment Arrangement or becomes
delinquent in paying current water service charges for sixty (60) days or more, the CMWD will
shut off the customer's water service. At least five (5) business days before discontinuing water
service, the CMWD will post a final shutoff notice in a prominent and conspicuous location at
the service address.
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If the CMWD shuts off a residential customer's water service, the CMWD will provide the
customer with information on how to restore service.
Restoration of Service
Deadline for Shutoff – All delinquent water service charges and associated fees must be
received by the City of Carlsbad Finance Department by 3 p.m. on the day specified in the
written disconnection notice.
Reconnection Process – The CMWD will reconnect service as soon as feasible but, at a
minimum, will restore service before the end of the next regular working day following
payment of any past due amount, delinquent fees and reconnection fees, on the account that
was shutoff.
Reconnection Fee – The cost to reconnect water service as applicable under this Policy is
published yearly in the Master Fee Schedule (https://www.carlsbadca.gov). For those that
demonstrate a customer household annual income below 200% of the federal poverty line, the
reconnection fee is $50 for same day and next day service during normal business hours, and
$150 for service during non-operational hours. This rate is subject to annual adjustment on
January 1 of each year based on the year-over-year change to the Consumer Price Index, All
Consumers, Not Seasonally Adjusted.
A customer will be deemed to have a household income below 200% of the federal poverty line
if any member of the customer's household currently receives CalWORKs, CalFresh, general
assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or
California Special Supplemental Nutrition Program for Women, Infants, and Children. A
customer will also be deemed to have a household income less than 200% of the federal
poverty level if the customer declares the household’s annual income is less than 200% of the
federal poverty level.
Reference: Water Shutoff Protection Act (Health and Safety Code Section 116900 et seq.) Effective: February 1, 2020 Last Updated: September 30, 2025
Sept. 30, 2025 Item #3 Page 60 of 149
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Exhibit 3
Page 1
Title 2
WATER RATES AND SYSTEM FACILITIES
Chapters:
2.04 General Regulations
2.08 Retail and Recycled Water Rates
and Collection
2.12 Meters, Service Connections,
Connection Fees, and Payment
2.16 Connections and Installations
Installation of Service
2.20 Extensions of Water Pipelines and
Other Facilities
2.24 Engineering Services Fees
2.28 Fire Hydrants
2.32 Cross-Connection Control
Program
2.36 Procedures for Work in the District
CMWD Right-of-Way
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Page 2
Chapter 2.04
GENERAL REGULATIONS
Sections: 2.04.010 Definitions. 2.04.020 Wasting water—Report to CMWD. 2.04.02.04.020 30 Adoption of rules and regulations. 2.04.0300340 Failure to comply with rules and regulations or pay rates—Penalty. 2.04.0400450 Turning water or recycled water on and off from premises. 2.04.0500560 Persons not to interfere with DistrictCMWD water system. 2.04.0600670 Entrance upon private property by employees of the District CMWD. 2.04.0700780 Right of District CMWD to enter premises, install meters and enforce collection of charges. 2.04.0800890 Interference with inspection—Stoppage of service—Notice required. 2.04.090 09100 Service of notice of stoppage of water or recycled water service.Water or rRecycled wWater sServices Shutshut-oOff nNotice. 2.04.1001010 Length of water or recycled water service stoppage. 2.04.1101120 Liability of District CMWD to damage from break beyond meter. 2.04.1201230 Responsibility for damage resulting from turningshutting off water or recycled water. 2.04.1301340 Charges for replacement, repairs, or adjustment caused by customer. 2.04.140 Unlawful use of water, recycled water, facilities, and appurtenances. 2.04.1501550 Bills for labor, materials. 2.04.1601660 Settlement of disputes between customer and District CMWD. 2.04.1702.04.170 No mandatory duty. 2.04.1 780 Claims for damagerequirements and procedures. 2.04.1801890 Service charges to be a lien against property of consumer.
2.04.010 Definitions.
The following terms are defined for purposes of this title:
“Applicant” means a person who applies for water or recycled water service.
“Backflow” means an unintended reversal of flow of water and/or other liquids, gases, or other sub-
stances into the public water distribution system or water supply.
“Backflow Pprevention AassemblypPrevention aAssembly” means a mechanical assembly de-
signed and constructed to prevent backflow andthat, while installed, can be repaired and its
ability to prevent backflow can be field tested and inspected.
“Backflow prevention assembly tester” means a person who is certified as a backflow prevention
assembly tester by the a California State Water Board-recognized certifying organization and
pursuant to Article 4, Sections 3.4.1 and 3.4.2 of the most recent Cross- Connection Control
Policy Handbook.
“Board” means Board of Directors of the Carlsbad Municipal Water District.
“City of Carlsbad” means the City of Carlsbad, a municipal corporation in the State of California.
“CMWD” means Carlsbad Municipal Water District.
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“Connection” means the metered water or recycled water service connection from a CMWD District
water or recycled water pipeline facility, respectively.
“Cost” includes labor, material, transportation, expense, supervision, engineering, and other neces-
sary overhead expense.
“Cross-connection” means any actual or potential connection or structural arrangement between a
public water system, including a piping system connected to the public water system and lo-
cated on the premises of a water user or available to the water user, and any source or distri-
bution system containing liquid, gas, or other substances not from an approved water supply.
“Cross- Connection Control Policy Handbook” means the standards for backflow protection and
cross-connection control adopted by the State Water Board pursuant to sections 116407 and
116555.5 of the California Health and Safety Code for the protection of a public drinking water
distribution system and public health.
“.“Cross-connection control specialist” means a person who is certified as a cross-connection control
specialist pursuant to Article 4, Sections 3.4.1 and 3.4.2 of the most recent Cross- Connection
Control Policy Handbook.
“Customer” means any person to whom the CMWD District supplies water or recycled water service
under a contract, either expressed or implied, to make payment for such water or recycled
water serviceservicetherefor.
“Delivery charge” means the minimum monthly charge to a customer for availability of service, the
revenue from which enables the CMWD District to maintain and operate a water system and a
separate recycled water system ready to deliver to a customer. The delivery charge shall be
based on the size of the water meter that is appropriate to provide service for the customer.
“Double check valve backflow prevention assembly” or “DC” means an assembly consisting of two
independently- -acting, internally- loaded check valves, with tightly closing shut-off valves lo-
cated at each end of the assembly (upstream and downstream of the two check valves), and
fitted with test cocks that enable accurate field testing of the assembly.
“Double check detector backflow prevention assembly” or “DCDA” means a DC double check valve
backflow prevention assembly that includes a bypass with a water meter and double check
backflow prevention assembly, with the bypass’s water meter for accurately registering flow
rates up to two gallons per minute and visually showing a registration for indicating all rates of
flow rates.
“Engineering service fees” means plan checking and inspection service fees for review of water and
recycled water facility improvement plans submitted by applicant, customer, or their engineer
and subsequent inspection of the installation of water and recycled water facilities in conform-
ance with approved standard drawings and specifications.
“Extension” means water or recycled water pipeline extension beyond the limit of a subdivision or
beyond the street(s) immediately adjacent to the subdivision.“Executive Manager” means the
position that reports to the Board of Directors of the Carlsbad Municipal Water District.
““Fire service” means the connection to and the installation of a pipe between the public water main
and the backflow prevention assembly to be used exclusively for fire protection systems.
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“General Counsel” means the position that has been appointed by the Board of Directors to advise
on legal matters.
“General Manager” means the position that reports to the Executive Manager of the Carlsbad Mu-
nicipal Water District and is responsible for the operation and maintenance of the water system
and recycled water system.
“Hazard Assessment” means an evaluation of a user customer’s premises designed to evaluate
the types and degrees of hazard at a customer’s premises.
“High hazard cross-connection” (Contamination) means a cross-connection that poses a significant
threat to the public health orof the potability or safety of the public water supply.
“Low hazard cross-connection” (Pollution) means a cross-connection that has been found to not
pose a significant threat to the potability or safety of the public water supply but may adversely
affect the aesthetic quality of the potable water supply.
“Industrial or commercial” means any customer using water or recycled water for a building or land-
scape irrigation of the a site that is notother than a residential unit for the purpose of producing
goods or services other than the services of housing, permanent or transient occupants.
“Legal or equitable owner” means any owner of record, mortgage trustee, or contract purchaser.
“Meter” means the device used to measure the amount of water or recycled water the customer
uses in units where one unit is 748 gallons.
“Public water system” or “PWS” has the same meaning as defined set forth in section 116275(h) of
the CaliforniaCHSC Health and Safety Code.
“Pipeline” means an existing or proposed conduit for the conveyance of water or recycled water
pipeline in the water or recycled water distribution system, respectively, of the District.
“Public Works Director” means the Deputy City Manager of the Public Works Branch of the City of
Carlsbad with duties and powers as may be delegated by the Executive Manager.
“Public Works Director” means the Public Works DirectorDeputy City Manager of the Public Works
Branch of the City of Carlsbad or designated representative, who. The Public Works Director
is responsible for the engineering decisions required for the planning, design, and construction
of CMWD’s water and recycled water facilities.
“Recycled water,” sometimes referred to as “reclaimed water,” means water obtained from the treat-
ment of wastewaterdomestic waste water which that is suitable for direct beneficial use or a
controlled use that otherwise would not occur and also meets the highest level in conformance
with California Code of Regulations, Title 22, Division 4, Chapter 3, Sections 60304 and 60305
(Use of Recycled Water for Irrigation and for Impoundments), currently Sections 60304 and
60305.
“Recycled water connection fee” means the fee paid for the planning, design, and construction of
capacity improvements and/or new facilities required for the delivery, distribution, and storage
of recycled water.
“Reduced pressure principle backflow prevention assembly” or “RP” means an assembly with two
independently acting, internally- -loaded check valves with a hydraulically operating, mechan-
ically independent, differential-pressure relief valve located between the check valves and be-
low the upstream check valve. The assembly shall have shut-off valves located upstream and
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downstream of the two check- -valves, and test cocks to enable accurate field testing of the
assembly.
“Reduced pressure principle detector backflow prevention assembly” or “RPDA” means a reduced
pressure principle backflow prevention assemblyRP that includes a bypass with a water meter
and reduced pressure principle backflow prevention assemblyRP, with the bypass’s water me-
ter for accurately registering flow rates up to two gallons per minute and visually showing a
registration for all rates of flow rates.
“Residential unit” means any single-family or multifamily residential living unit, including which in-
cludes, but is not limited to , the following: houses, duplexes, apartments, condominiums, and
mobile homes.
“Risk Manager” means the Risk Manager of the City of Carlsbad.
“State Water Board,”, unless otherwise specified, means the State Water Resources Control Board
or the local primacy agency having been delegated the authority to enforce the requirements
of this Chapter by the State Water Resources Control Board.
“Water Authority” means the San Diego County Water Authority, a wholesale water supplier in San
Diego County, California, of which the District is a member agency.
“Service connection" " includes means the tapping of a CMWD District water or recycled water pipe-
line or the installation of a tee, and the laying of a service line from the tapped connection on
the pipeline to the meter location.pipeline to the meter location.
“State Water Board”, unless otherwise specified, means the State Water Resources Control Board
or the local primacy agency having been delegated the authority to enforce the requirements
of this Chapter by the State Water Resources Control Board.
“Fire service connection” includes the tapping of a CMWD water pipeline and the laying of a service
line from the tapped connection on the pipeline to the fire service backflow protection device.
“Water” means potable water fit for human consumption in accordance with applicable State of Cal-
ifornia Department of Public Health (CDPH)and the U.S. Federal Government standards.
“Water connection fee” means the fee paid for the planning, design, and construction of capacity
improvements and/or new facilities required for the delivery, distribution, and storage of water.
(Ord. 47 § II.1, 2019; Ord. 45 § II.1, 2009)
“Water Meter Permit” – means an authorization to install a temporary water meter.
2.04.020 Wasting water—Report to CMWD.
No person shall willfully or neglectfully waste water in any manner whatsoever; and any person
having knowledge of any condition whereby water is being wasted shall notify the CMWD of such
fact by contacting the Executive Manager. (Ord. 47 § II.2, 2019; Ord. 45 § II.2, 2009)
2.04.0200230 Adoption of rules and regulations.
A. The Board may, from time to time by resolution, adopt rules and regulations for the operation
and maintenance of the water and recycled water facilities of the CMWDDistrict, and for fur-
nishing water or recycled water to customers, and may likewise by resolution modify the rates,
charges, fees, and penalties established and imposed by this title, and may from time to time
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by resolution prescribe rules for the extension of water or recycled water pipelines within the
boundaries and outside the boundaries of the DistrictCMWD.
B. The Executive Manager may, from time to time, issue rules and regulations to carry out the
purposes of this title. (Ord. 47 § II.3, 2019; Ord. 45 § II.3, 2009)
2.04.0300340 Failure to comply with rules and regulations or pay rates—Penalty.
A. On failure to comply with the rules and regulations established by the DistrictDistrictCMWD as
a condition precedent to the right to use the commercial potable water or recycled water, or to
pay rates or any charges imposed, in the time and manner stated in this title, upon reasonable
notice, the water and recycled water maymaywill be shut off until payment of amount due,
including a 10% late fee, is received by the DistrictDistrictCMWD.
B. Bills for water service are delinquent if they are not paid by the due date. Delinquent charges
cCharges not paid after 44 days are considered delinquent and are subject to additional fees.
Charges will continue to accrue until the customer notifies the DistrictDistrictCMWD to discon-
tinue service. The dDistrictDdistrictCMWD may be notified in writing or by calling the City’sCity
of Carlsbad’s Utility Billing DepartmentivisionDivision of the Finance Department. If the com-
mercial potable water or the recycled water bill remains unpaid after 44 days following the
mailing due date of such bill, then the Executive Manager may cause the commercial potable
water or the recycled water service to be shut off from the premises where the delinquency
occurs, and the same meter shall remain shut off until all bills, plus any additional charges shall
have been paid.
B. Residential Potable Water Service. Subject to the provisions in CMWD’s the District’s Residen-
tial Potable Water Service Shutoff Protection Policy for Nonpayment of Charges, if the residen-
tial potable water bill remains unpaid after 60 days following the mailing due date of such bill,
then the Executive Manager may cause the residential potable water service to be shut off from
the premises where the delinquency occurs and the same meter shall remain shut off until
anyall billsany past due amount, plus any additional charges shall have been paid. (Ord. 47 §
II.4, 2019; Ord. 45 § II.4, 2009)
2.04.0400450 Turning water or recycled water on and off from premises.
No one except an authorized employee of the DistrictDistrictCMWD or City of Carlsbad shall turn
the water or recycled water on or off from any building or premises at a service gate valve, angle
meter stop valve, or corporation stop valve located upstream of the meter. (Ord. 47 § II.5, 2019;
Ord. 45 § II.5, 2009)
2.04.0500560 Persons not to interfere with DistrictCMWD water system.
No person shall in any manner whatsoever meddle, tamper with, obstruct obstruct , or interfere with
any part of the water or recycled water system of the DistrictDistrictCMWD. (Ord. 47 § II.6, 2019;
Ord. 45 § II.6, 2009)
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2.04.06000670 Entrance upon private property by employees of the DistrictCMWD.
Any authorized employee of the CMWD or of the City of Carlsbad shall be admitted at all reasonable
hours to all open areas of the premises supplied by water or recycled water to verify facilities are in
good operating condition, to make any repairs, replacements or improvements, and to verify that
rules and regulations are observed adhered to by the customer. (Ord. 47 § II.7, 2019; Ord. 45 § II.7,
2009)
2.04.0700870 Right of the DistrictCMWD to enter premises, install meters and enforce
collection of charges.
Any authorized employee ofofof CMWD or the City of Carlsbad shall have the right at any time, and
at any point where water or recycled water is used, to install a water or recycled water meter of
adequate size, and enforce collection for the amount of water or recycled water that shall be used,
in accordance with all the ordinances, rules and regulations of the DistrictCMWD governing the
consumption of water or recycled water, and for that purpose may at any time go upon the premises
of the customer of water or recycled water. (Ord. 47 § II.8, 2019; Ord. 45 § II.8, 2009)
2.04.0800890 Interference with inspection—Stoppage of service—Notice required.
In case any an authorized employee of the City employee or agent of the District is refused admit-
tance to any premises supplied with water or recycled water by the DistrictCMWD, or on being
admitted he or she shall beis hindered or prevented from making such examination or inspection by
any person , or for any reason thereto, or by the maintenance on such premises of a vicious dog
oran animal, or for any other reason, the Executive Manager of the CMWD may cause the service
of water or recycled water of to such premises to be discontinued, after giving written notice to the
owner or occupant thereof of his or her intention to do so.in accordance with Section 2.04.0340
040034060 and subject to additional enforcement as provided for in Carlsbad Municipal Code Chap-
ters 1.08 and 1.10. (Ord. 47 § II.9, 2019; Ord. 45 § II.9, 2009)
2.04.090 Water09100 Service of notice of stoppage of water or recycled water
serviceWater or rRecycled wWater sService sShut-off nNotice.
Such notice as is provided for in 2.04.090Any notice of stoppage of water or recycled water service
shall be served shall be deemed served upon the legal owner or occupan pursuant to the service of
notice requirements in Carlsbad Municipal Code Chapter 1.10.
thereof if it is mailed to his or her last known address, and a copy thereof mailed to such premises
if his or her mailing address is not at such premises, or a door hanger may be placed at the premises
by CMWD or City of Carlsbad employee notifying legal owner or customer of water or recycled water
service being shut off, or other method that the Executive Manager determines to be legally sufficient
to ensure adequate notification is received by the legal owner or occupant. (Ord. 47 § II.10, 2019;
Ord. 45 § II.10, 2009)
2.04.1001010 Length of water or recycled water service stoppage.
Water or recycled water service may be discontinued until the customer or owner has given satis-
factory assurance to the Executive Manager that any such employee or agent will not be hindered
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or prevented from making such examination or inspection. (Ord. 47 § II.11, 2019; Ord. 45 § II.11,
2009)
2.04.1101120 Liability of the DistrictCMWD to damage from break beyond meter.
The DistrictCMWD will not be responsible for injuries to persons or damages to buildings or their
contents from any water leakage, damage, or earth movement originating from a break onbeyond
the the customer’s side of the meter connection. (Ord. 47 § II.12, 2019; Ord. 45 § II.12, 2009)
2.04.1201230 Responsibility for damage resulting from turningshutting off water or
recycled water.
The DistrictCMWD shall not be responsible for any damage, such as bursting of boilers, damage to
crops or landscaping, the breaking of any pipe or fixture, stoppage or interruption of water or recy-
cled water supply, or any other damage resulting from the shutting off of water or recycled water.
(Ord. 47 § II.13, 2019; Ord. 45 § II.13, 2009)
2.04.1301340 Charges for replacement, repairs, or adjustment caused by customer.
Where the District incurs expenses for the replacement, repairs, or adjustments of any service con-
nection or meter resulting from are deemed necessary by the act, negligence, or carelessness of
the customer, theany expenses caused the DistrictCMWD thereby, shall be charged against and
collected from the customer. If the customer fails to pay such charges, water may be shut off until
such charges are paid. (Ord. 47 § IV.4, 2019; Ord. 45 § IV.4, 2009)
2.04.14014540 Unlawful use of water, recycled water, facilities, and appurtenances.
It is unlawful for any person other than an authorized City employee or agent of the District to:
A. Oopen any fire hydrant, corporation stop valve, gate valve, or angle meter stop valve;
B. Iinterfere in any manner with any water service, water connection, or any water meter attached
to any service pipe connected to the water pipelines;
C. Tturn on or off water or recycled water pipelines of the DistrictCMWD;
D. Ttap, break, or damageinjure any water or recycled water pipeline of the DistrictCMWD, or any
reservoir, pumping station or pressure reducing station of the DistrictCMWD;
E. TapTtap any water or recycled water service pipe, or take or draw water from any water pipe
or fire hydrant of the DistrictCMWD without paying the established water rate and receiving
permission therefor for such service after having made written application and received per-
mission therefor for such service as provided by this title Chapter; or
F. InIin anywise anyway trespass upon the public property of the DistrictCMWD or conduct any
work within a DistrictCMWD easement without written permission first being obtained from the
the DistrictCMWD; or.
G. No person shall wWwillfully or neglectfully waste water in any manner whatsoever,; and any
person having knowledge of any condition whereby water is being wasted shall notify the Dis-
trictCMWD of such fact.
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( open any fire hydrant, corporation stop valve, gate valve, angle meter stop valve or to interfere in
any manner with any water service, water connection, or any water meter attached to any service
pipe connected to the water pipelines, or to turn on or off water or recycled water pipelines of the
CMWD, or to tap, break, or injure any water or recycled water pipeline of the CMWD, or any reser-
voir, pumping station or pressure reducing station of the CMWD, or to tap any water or recycled
water service pipe, or take or draw water from any water pipe or fire hydrant of the CMWD without
paying the established water rate therefor, after having made written application and received per-
mission therefor as provided by this title or in anywise to trespass upon the public property of the
CMWD without written permission first being obtained from the CMWD. (Ord. Ord. 47 § II.14, 2019;
Ord. 45 § II.14, 2009) (Ord. 47 § II.14, 2019; Ord. 45 § II.14, 2009)
2.04.15015650 Bills for labor, materials.
All bills for labor and materials furnished, or and other charges not provided for otherwise, shall
become due and payable 30 days from date of mailing unless otherwise indicated on the bill.. (Ord.
47 § II.15, 2019; Ord. 45 § II.15, 2009)
2.04.16016760 Settlement of disputes between customer and the
DistrictDistrictCMWD.
A. If a dispute arises between any water or recycled water customer and the DistrictDistrictCMWD
concerning water or recycled water service or the amount of a water or recycled water bill to
such customer, the dispute may be settled, subject to the approval of the Board, by or the
delegated authority of the Executive Manager or designee. The final decision and settlement
approval of the Board of any such dispute shall be recorded in the minutes of the Board.
B. The provisions and procedures provided for in this section are permissive only and shall in no
way affect the other provisions of this title, and only apply to Chapter 2.04. (Ord. 47 § II.16,
2019; Ord. 45 § II.16, 2009)
2.04.170 No mandatory duty.
Nothing in this title is intended to create a mandatory duty on behalf of CMWD or the City of Carlsbad
and/or its employees under the Government Tort Claims Act and no cause of action against CMWD
or the City of Carlsbad and/or its employees is created by this chapter that would not arise inde-
pendently of the provisions of this title. (Ord. 47 § II.17, 2019; Ord. 45 § II.17, 2009)
2.04.170180 Claims rRequirementsfor damage and pProceduresfor damage.
A. No suitclaim for injuries or damages against the DistrictCMWD shall ever be allowed or paid
unless there has been first filed with the Secretary to the Board a claim therefor within the time
periods required by subsection B of this section. All such claims for damages shall be first
verified by the claimant before an officer authorized to administer oaths shall be brought against
the District unless a claim has first been presented in writing and filed with the Secretary to the
Board and acted upon by the District following the procedures prescribed by Title 1, Division
3.6 of the California Government Code (commencing with Section 900). As permitted by Cali-
fornia Government Code Section 935, the claim presentation and filing requirement applies to
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claims excepted by Government Code Section 905 and not governed by any other expressly
related statutes or regulations.claim for injuries or damages against the District shall ever be
allowed or paid unless there has been first filed with the Secretary to the Board a claim therefor
within the time periods required by subsection B of this section. All such claims for damages
shall be first verified by the claimant before an officer authorized to administer oaths.
B. Subject to Government Code Sections 945.6 and 946, AaA claim relating to a cause of action
for death or for injury to person, or to property, or growing crops shall be filed presented filedinin
the manner provided in Article 2 (commencing with Section 915) of the California Government
Code not later than 6six6 months after the accrual of the cause of action. A claim relating to
any other cause of action shall be filedpresented in the same manner not later than one year
after the accrual of the cause of action. (Ord. 47 § II.18, 2019; Ord. 45 § II.18, 2009)
C. The functions of the District required to be performed in considering and rejecting, approving,
compromising, or settling claims provided for by this section are delegated to the Executive
Manager or a designee, subject to concurrence by the General Counsel or designee, provided
the amount of any allowed, compromised, or settled claim does not exceed $25,000 for claims
related to water service and $10,000 for all other claims, or such other amounts established by
resolution of the Board.
2.04.1809 Service charges to be a lien against property of consumer.
Subject to the District’s Residential Water Service Shutoff Protection Policy for Nonpayment of
Charges and IiniI addition to any other remedy provided for in this chapter for the enforcement and
collection of any water and recycled water rates, charge, fee or account, all rates provided for in this
title shall be charged against the property on which it is furnished, and against the property owner
thereof, and shall be a lien against the premises to which any water or recycled water may be sup-
plied, and a charge against the property owner thereof and the property occupant thereof using the
water. If for any cause any sums owing therefor become delinquent, the water or recycled water
shall be shutcut off and in no case shall it be turned on to the same property until all such delinquen-
cies shall have been paid in full. Such property owner and occupant shall be severally responsible
to the DistrictCMWD in an action brought by the DistrictCMWD in any Court of competent jurisdiction
for the amount of all such money as may be due and unpaid, together with all applicable penalties
provided herein and costs. No change of ownership or occupation shall affect the application of this
chapter. This section shall not apply to nonpermanent water service connections. (Ord. 47 § III.10,
2019; Ord. 45 § III.10, 2009)
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Chapter 2.08
RETAIL AND RECYCLED WATER RATES AND COLLECTION
Sections: 2.08.010 New account fee. 2.08.020 Continuity of service fee (landlords only). 2.08.030 Delivery charge. 2.08.040 Delivery charge for residential automatic fire extinguishing system. 2.08.050 Delivery charge—Proration. 2.08.060 Delivery charge where house becomes vacant—Request for discontinuance of service. 2.08.070 Rate structure. 2.08.080 Water rates, charges, and fees to be established by resolution. 2.08.090 Meter readings and billings. 2.08.100 Service charges to be a lien against property of consumer. 2.08.110 Shutting off water on supply side of meter. 2.08.120 Adjustment of bills for meter error.
2.08.010 New account fee.
A new account fee as determined by resolution of the Board will be assessed on a customer on their
first bill. The DistrictCMWD requires at least 24 hours’ notice of water service turn on. If a customer
contacts the DistrictCMWD the same day that the customer wants service turned on, then the cus-
tomer will have an additional charge assessed on their next water bill. If the customer requests
service on holidays, weekends, or after 5:00 p.m. on weekdays to have water turned on the same
day, then a charge must be paid to the DistrictCMWD on the following normal working day. (Ord. 47
§ III.1, 2019; Ord. 45 § III.1, 2009)
2.08.020 Continuity of service fee (landlords only).
The DistrictCMWD will provide a continuity of service fee option only for landlords only who wish to
retain water service to rental properties during periods of vacancy. The continuity of service must
be requested by the landlord and a fee, as determined by a resolution of the Board, paid to the
DistrictCMWD. The water bill will be sent to the landlord’s address, and the landlord will be billed for
the continuity of service fee. (Ord. 47 § III.2, 2019; Ord. 45 § III.2, 2009)
2.08.030 Delivery charge.
The DistrictCMWD shall charge each customer a monthly delivery charge for each service connec-
tion with a meter in such amounts as provided by resolution of the Board as adopted from time to
time. (Ord. 47 § III.3, 2019; Ord. 45 § III.3, 2009)
2.08.040 Delivery charge for residential automatic fire extinguishing system.
When a water meter for a single-family residential unit is required to provide standby capacity for an
automatic fire extinguishing system, the delivery charge will be determined according to this section.
Thethe size of the meter necessary to meet the water use requirements for the customer, as
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determined according to the rules of the CMWD, without consideration of additional size necessary
to provide the delivery serves as the basis of the charge. In cases where a meter that restricts the
capacity of the connection and measures total water consumption is installed, which restricts the
capacity of the connection and measures total water consumption, the delivery charges will be
based on the meter size. For fire extinguishing systems with a meter that is in place only to inform
the District when water is drawn through the service linepipe, and does not restrict water flows, the
charge will be based on the service line size. The delivery charge to provide water for an automatic
fire extinguishing system is required when: (a) the automatic fire extinguishing system is required
by law, including any requirement imposed as a condition of development, permit, or occupancy;
and (b) the Fire Chief, Fire Marshal, or Building Official of the City of Carlsbad has provided a written
statement verifying the requirement for additional meter size. The determination under this section
shall be made at the time the meter is first obtained, or at the time a meter is replaced with one of
greater size because of the later installation of the automatic fire extinguishing system. This provi-
sion shall not apply to meters greater than one inch in size. (Ord. 47 § III.4, 2019; Ord. 45 § III.4,
2009)
2.08.050 Delivery charge—Proration.
The delivery charge will be prorated based on the normal date the meter is read for the month that
water service is startedbegins. (Ord. 47 § III.5, 2019; Ord. 45 § III.5, 2009)
2.08.060 Delivery charge where house becomes vacant—Request for discontinuance of
service.
If a single-family residencetial residential unit becomes vacant, the regular monthly delivery charge
shall be charged and collected from the property owner thereof;,; whether water is used or not;,,;
until the day upon which the office of the DistrictCMWD is notified of the fact that the property is
unoccupied and is requested to shut off water therefromservice to the property. (Ord. 47 § III.6,
2019; Ord. 45 § III.6, 2009)
2.08.070 Rate structure.
The DistrictCMWD rate structure shall be approved by the Board. Rates shall be set at a level suf-
ficient to pay for water purchases, maintenance and operations, debt service, replacement funding,
adequate reserves, and to meet the objectives established by the Board.
A. Residential Water Rate. The residential water rate is a tier rate per unit of water used where
one unit equals 748 gallons.
B. Commercial/Nonresidential. The commercial/nonresidential water rate is a flat rate per unit of
water used where one unit equals 748 gallons.
C. Agricultural Water Rate. The agricultural water rate shall be in compliancecomply with the rate
reduction and rules and requirements adopted by the Metropolitan Water District of Southern
California and the San Diego County Water Authority in relation to cost and availability of im-
ported water. Once a customer is authorized to take water service on an Agricultural Water
Rate, that customer must comply with water supply reductions under Chapter 3.04 of this Code
when the Board declares Stage 2 or higher water conservation stages.
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D. The Recycled Water Rate. The recycled water rate is a flat rate per unit of recycled water used
where one unit equals 748 gallons and applies only to the delivery of recycled water to the
customer. (Ord. 47 § III.7, 2019; Ord. 45 § III.7, 2009)
2.08.080 Water rates, charges, and fees to be established by resolution.
The rates, charges, and fees for all water and recycled water delivered by the DistrictCMWD shall
be fixed, and may be changed as necessary, by Resolution of the Board after following the provi-
sions required by the California Constitution. All water and recycled water bills shall be due on mail-
ing and must be paid by the due date printed on the water or recycled water bill. (Ord. 47 § III.8,
2019; Ord. 45 § III.8, 2009)
2.08.090 Meter readings and billings.
Meters shall be read and billings rendered on a monthly basismonthly. The billing period is 30 days
and is based on the meter reading date. The date on which the bill is deemed delinquent shall be
indicated on the bill. (Ord. 47 § III.9, 2019; Ord. 45 § III.9, 2009)
2.08.100 Service charges to be a lien against property of consumer.
In addition to any other remedy provided for in this chapter for the enforcement and collection of any
water and recycled water rates, charge, fee or account, all rates provided for in this title shall be
charged against the property on which it is furnished, and against the property owner thereof, and
shall be a lien against the premises to which any water or recycled water may be supplied, and a
charge against the property owner thereof and the property occupant thereof using the water. Sub-
ject to the District’s Residential Water Shutoff Protection Policy for Nonpayment of Ccharges, Iif
Ccharges, iIf for any cause any sums owing therefor for water service become delinquent, the water
or recycled water shall be cut off and in no case shall it be turned on to the same property until all
such delinquencies shall have been paid in full. Such property owner and occupant shall be severally
responsible to the DistrictCMWD in an action brought by the District CMWD in any Court of compe-
tent jurisdiction for the amount of all such money as may be due and unpaid, together with all appli-
cable penalties provided herein and costs. No change of ownership or occupation shall affect the
application of this chapter. This section shall not apply to nonpermanent water service connections.
(Ord. 47 § III.10, 2019; Ord. 45 § III.10, 2009)
2.08.110 Shutting off water on supply side of meter.
Upon the written request or call to the City’s Utility City’s Billing Division of the City’s Finance De-
partment, ofby the customer or occupant of a building or premises to have the water shut off on the
supply side of the meter, the DistrictCMWD shall have the water shut off, and, at the time, record
the reading of the meter and render a bill in a sum which shall be the greater of the amount of water
used according to the rates and charges provided for, or for the monthly minimum charge due for
the fractional part of the month. (Ord. 47 § III.11, 2019; Ord. 45 § III.11, 2009)
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2.08.120 Adjustment of bills for meter error.
A. Fast Meters. When, upon test, a meter is found to be registering fast within the tolerances
above set forth in Section 2.12.050(B), the District CMWD shall refund to the customer the
amount of the overcharge, based upon corrected meter readings for the period the meter was
in use, but not to exceed a period of six6 months.
B. Slow Meters. When, upon test, a meter is found to be registering slow beyond the tolerances
above set forth in Section 2.12.050(B), the DistrictCMWD shall bill the customer for the amount
of the undercharge, based upon corrected meter readings for the period the meter was in ser-
vice, but not to exceed a period of six6 months.
C. Failed Meter Reads. In the event a water meter fails to register during any month, a charge will
be made based upon the three monththree-month average amount of water used during the
same period for the previous year. In the event there was no meter at the location this placethis
place during the previous year, a charge will be made upon an estimate fixed by the Dis-
trictCMWD, which shall be paid by the customer.
D. General. When it is found that the error in a meter is due to some cause, the date of which can
be fixed, the overcharge or the undercharge shall be computed back to, but not beyond, such
date. (Ord. 47 § III.12, 2019; Ord. 45 § III.12, 2009)
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Chapter 2.12
METERS, SERVICE CONNECTIONS, CONNECTION FEES AND PAYMENT
Sections: 2.12.010 Application of this Chapter to potablePpotable and recycled water. 2.12.020 Water meter permit. 2.12.030 Water and recycled water connection fee. 2.12.040 Meter installation charges. 2.12.05200210 Standards for sService connections and meters in public right-of-way or easements. 2.12.0300320 Meter installation. 2.12.06400430 Service connection and meter ownership. 2.12.0500540 Charges for replacement, repairs, or adjustment caused by negligence of customer. 2.12.05650 Examination of meters at customer’s request. 2.12.06006760 Water meter permit. 2.12.07007870 Water and recycled water connection fee. 2.12.078008980 Minimum water meter size for buildings. 2.12.080 Maximum water meter size. 2.12.0900910090 Irrigation water meters. 2.12.10100 Maximum water meter size. 2.12.101012110 Construction meters. 2.12.112013220 Fire protection service flow detector meters. 2.12.13014330 Meter installation charges. 2.12.124015440 Repairs by the DistrictCMWD. 2.12.135016550 Transportation of water across property line. 2.12.146017660 Connection—Liability for damage. 2.12.150 Examination of meter at customer’s request. 2.12.167018770 Cutting off or interfering with meter.
2.12.01001005 Application of this cChapter to potableP and recycled Wwater
All processes and procedures described in this chapter shall apply to both potable and recycled
water, unless otherwise specified.
2.12.0200210 Service connections in public right-of-way or easements.
All water service connections in public rights-of-way and easements shall be in conformance with
theconform to District CMWD standard specifications and standard drawings in effecteaffect at
the time the connection is installed; and all such connections must be inspected and approved
by the Public Works Director or designated representative before water is admitted through
meters. (Ord. 47 § IV.1, 2019; Ord. 45 § IV.1, 2009)
2.12.0300320 Meter installation.
All water and recycled water meters shall be new or be certified for accuracy to meet standards of
the American Water Works Association through testing performed or approved by the Dis-
trictCMWD before being installed. (Ord. 47 § IV.2, 2019; Ord. 45 § IV.2, 2009)
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2.12.0400430 Service connection and meter pownership.
The Waterwater/sewer connection permit Meter Permit shall note the permit issue date dateof con-
nection for all service connections. , and uUponpon the date of initial acceptance of the service line
connection, connection, this date the service connection will become the property of the CMWD
District and the District’sCMWD’s responsibility to maintain. The meter iswill become the property of
the DistrictCMWD and is District’sthe CMWD’s responsibility to maintain. upon its installation by
CMWD or its authorized agent. (Ord. 47 § IV.3, 2019; Ord. 45 § IV.3, 2009)
2.12.040 Charges for replacement, repairs, or adjustment caused by negligence of
customer.
Where replacement, repairs, or adjustments of any service connection or meter are deemed neces-
sary by the act, negligence or carelessness of the customer, any expense caused the CMWD
thereby, shall be charged against and collected from the customer. If the customer fails to pay such
charges, water may be shut off until such charges are paid. (Ord. 47 § IV.4, 2019; Ord. 45 § IV.4,
2009)
2.12.05005650 Examination of meters at customer’s request.
A. Examination Request.RequestDeposit. Any customer may request that the meter, through
which water or recycled water is being delivered, be examined and tested by the DistrictDis-
trictC MWD or a representative of the DistrictDistrict CMWD or Maintenance and Operations
Department of the City of Carlsbad for the purpose of ascertaining determining whether or not
it is registering correctly the amount of water which is being delivered to through it. it. Such
request shall be accompanied by payment of a deposit fee as established by resolution of the
Boardthe CitCity’s MMaster Fee Schedule, adopted by the Board. Upon receipt of such re-
quest, the Executive Manager will cause the meter to be examined and tested for the purpose
of ascertaining determining whether or not it is registering correctly the water or recycled water
being delivered through it.
B. Replacement of Defective Meter.—Forfeiture of Deposit. The DistrictDistrictCMWD shall pro-
vide a new meter to a customer if (1) an examination and test reveals that a customer’s meter
registers one percentage of more or less than the amount that actually passes through it and
(2) the amount that actually passes through the meter exceeds the tolerances for such meter
as established by the American Water WorksWworks Association standardsIf, on examination
and test, the meter shall be found to register a percentage of more or less than actually passes
through it, than allowed by the tolerances for such a meter as established by the American
Waterworks Association standards., another meter shall be substituted therefor. If it is deter-
mined the meter is determined to be registersing more water than actually passes through it
within the tolerances described in this subsection above set forth, the above deposit will be
refunded to the customer., but However, if it is determined in the event the the meter performs
accuratelyshall be found to be accurate or registersing less water than actually passes through
it, a portion or all of the fee [insert official name of fee]the deposit so deposited shall may be
forfeited to the DistrictCMWD. (Ord. 47 §§ IV.5, 6, 2019; Ord. 45 §§ IV.5, 6, 2009)
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2.12.026006760 Water meter permit.
A. It is unlawful for any person to connect to or draw water from or use the District’sCMWD’s water
or recycled water system without first obtaining a water meter permitWater Meter Permit. The
District’sCMWD’s Executive Manager or designee may authorize connection of a new structure
or use , or a mobile home, to the water system. This authorization may be concurrent with the
issuance of a valid building permit for a new structure or mobile home if the applicant has filed
the proper application and paid the required fees.That concurrently with issuance of a valid
building permit for a new structure or for a mobile home, upon application and payment of the
required fees, the CMWD’s Executive Manager may authorize connection of the structure for
which the building permit has been issued or the mobile home has been issued, to the water
system Every water meter permitWater Meter Permit issued shall be returned if the building
permit for the structure to which the connection is being made or for the mobile home to be
connected, expires by limitation or otherwise becomes null and void. If a water meter permit
has expired, then before the connection for such structure or mobile home can be made, a new
water meter permit shall be obtained and the fee shall be one-half of the required fee for the
original water meter permit unless one year has passed since the expiration. In that case, in
which case the fee shall be the same as a new water meter permit. Water meter permits for
the connection of an existing structure to the water system may be issued by the Executive
Manager or designeeManager at any time upon proper application.
B. Every water meter permitWater Meter Permit issued pursuant to this section shall expire by
limitation and become null and void if work on the connection authorized by such permit is not
completed within 180 days from the date of issuance of such permit. Reasonable extensions
may be granted by the Executive Manager Manager or designee in writing. (Ord. 47 § IV.7,
2019; Ord. 45 § IV.7, 2009)
C. If a water meter permitWater Meter Permit has expired, then before the connection for such
structure can be made, a new water meter permitWater Meter Permit shall be obtained at the
fee in effect at the time of reapplication. A If a water meter permit has expired, then before the
connection for such structure can be made, a new water meter permit shall be obtained and
the fee shall be one-half of the required fee for the original water meter permit unless one year
has passed since the expiration. In that case, the fee shall be the same as a new water meter
permit. Water meter permitWater Meter Permits for the connection of an existing structure to
the water system may be issued by the Executive Manager or designee at any time upon proper
application.
2.12.037007870 Water and recycled water connection fee.
A. An aApplicants for installation of a service connection(s) shall pay a water connection fee, and,
at locations where recycled water is to be used, a recycled water connection fee in the amount
as set from time to time by a resolution of the Board. The recycled water connection fee shall
be equal to the water connection fee for the same size meter; however, a recycled water con-
nection is not required to pay theSan Diego County Water Authority’s system capacity
chargewater connection fee. When a water meter for a single-family residential unit is required
to provide standby capacity for an automatic fire extinguishing system, the water connection
fee will be determined according to the size of the meter necessary to meet the water use
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requirements offor the customer, as determined according to the rules of the DistrictCMWD,
without consideration of additional size necessary to provide the delivery of water for the auto-
mated fire extinguishing system. The water connection fee and recycled water connection fee
shall be adjusted annually by a resolution of the Board by the percentage change in the Engi-
neering News Record Los Angeles Construction Cost Index, Los Angeles with the base index
in effect in December 2003, or subsequent resolution of the Board.
B. For all residential units, and unless exempted by law, the water connection fee shall be paid at
the time of issuance of a building permit for the property. For commercial and industrial devel-
opment projects, the water connection fee shall be paid at the time of application for a water
meter permitWater Meter Permit. The recycled water connection fee shall be paid at the after
time the recycled water irrigation system, or other recycled water use system, has been tested
by the District’s City of Carlsbad’s cross- connection control specialist and achieved passing
results and recycled water can be supplied to the irrigation system. The Districtcustomer shall
install water or recycled water meters provide the DistrictCMWD a 24within 7224- hours notice
of payment of for the recycled water irrigation meterconnection fee, subject to availability of
meters.
C. A credit on a water or recycled water connection fee will be made for the exchange of an exist-
ing water or recycled meter service for a new meter service, or relocation of a meter service of
larger size. The credit shall only apply only to the water or recycled water connection fee. The
credit amount shall be based on the connection fee amount in aeffect at the time the exchange
is made. No credit shall be applied for an exchange tofor a smaller meter. (Ord. 47 § IV.8, 2019;
Ord. 45 § IV.8, 2009)
2.12.040 Meter installation charges.
Applicants for installation of water meters shall pay installation charges as set from time to time by
the Board and reflected in the City’s Master Fee Schedule. In the event a customer has an installed
meter and wishes to relocate the meter or exchange the meter for a smaller or larger meter, the
customer shall pay the meter installation fee applicable to the relocated meter or the new meter in
effect at the time of the exchange. (Ord. 47 § IV.14, 2019; Ord. 45 § IV.14, 2009)
2.12.050 Standards for service connections and meters.
A. All service connections shall be located in public right-of-way or easements and shall conform
to District standard specifications and standard drawings in effect at the time the connection is
installed and all such connections must be inspected and approved by the Public Works Direc-
tor or designated representative before water is admitted through meters. (Ord. 47 § IV.1, 2019;
Ord. 45 § IV.1, 2009)
B. All water and recycled water meters shall be new or certified for accuracy to meet standards of
the American Water Works Association through testing performed or approved by the District
before being installed. (Ord. 47 § IV.2, 2019; Ord. 45 § IV.2, 2009)
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2.12.060 Service connection and meter ownership.
The Water Meter Permit shall note the permit issue date for all service connections. Upon the date
of initial acceptance of the service connection, the service connection will become the property of
the District and its responsibility to maintain. The meter is the property of the District and its respon-
sibility to maintain. (Ord. 47 § IV.3, 2019; Ord. 45 § IV.3, 2009)
2.12.078008980 Minimum water meter size for buildings.
A. Residential Unit. For residential units, the minimum size meter shall be five-eighths inch, except
where the residential unit is larger than 3,500 square feet or on a lot larger than one-quarter
acre where the meter size shall be three-fourths inch. Where there is a residential automatic
fire extinguishing system, the minimum meter size shall be one inch.
B. Commercial and Industrial. For a commercial building, office condominium, and industrial build-
ing, an estimate shall be made of the supply demand in gallons per minute (gpm) as determined
from the California Plumbing Code “Appendix A,” latest adopted edition adopted by the City of
Carlsbad. In addition, Ffor industrial buildings, all process water demand, if applicable, shall be
added to the supply demand determined above in “Appendix A” to determine the peak supply
demand. The estimated peak supply demand shall be compared to the maximum rated capac-
ity of each meter size. and Tthe capacity of the selected meter size shall be capable of con-
veying the peak supply demand calculated in gpm for the building. (Ord. 47 § IV.9, 2019; Ord.
45 § IV.9, 2009)
2.12.080 Maximum water meter size.
No water meter larger than a two-inch meter shall be installed on any lot, or to provide water or
recycled water to any customer, except upon approval and consent of the Executive Manager or
designee. (Ord. 47 § IV.11, 2019; Ord. 45 § IV.11, 2009)
2.12.090109090 Irrigation water meters.
A. A meter and service connection used for landscape irrigation exclusively shall be installed in
accordance with DistrictCMWD standard specifications and drawings in aeffect at the time the
connection is made. The size of the irrigation water meter(s) and service connection(s) shall
be determined by the landscape architect as approved by the District based on the flow demand
in gallons per minute (gpm) for the area to be irrigated. The minimum size meter(s) shall be
capable of supplying the peak irrigation water demand determined.
B. At locations where water is used for irrigation and in addition to account, service, and installa-
tion fees, then the water connection fees and charges shall be based on the DistrictDis-
trictCMWD connection fee and charges, and also include the San Diego County Water Author-
ity’s capacity charges connection fee applicable to the meter size. If recycled water is used,
then only the DistrictDist rictCMWD connection fee and charges shall apply. If a water meter is
converted to recycled water use, tThe San Diego County Water Authority will refund thetheir
capacity charges previously collected for the meterconnection fee amount to the customer if
recycled water is eventually supplied to the service connection and meter within one year of
the original application for water meter permit. The customer must prepare and submit the San
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Diego County Water Authority’s “Capacity Charge Refund Request” form to the DistrictDis-
trictCMWD for verification to request the connection fee refund. The refund request must be
submitted to the Water Authority within 180 days of connection to the recycled water system.
(Ord. 47 § IV.10, 2019; Ord. 45 § IV.10, 2009)
2.12.110100 Maximum water meter size.
No water meter larger than a 2-inch meter shall be installed on any lot, or to provide water or recycled
water to any customer, except upon approval and consent of the Executive Manager, or de-
signee.Public Works DirectorDistrict Engineer. (Ord. 47 § IV.11, 2019; Ord. 45 § IV.11, 2009)
2.12.101011210 Construction meters.
A. Water or recycled water used for construction shall be metered. Recycled water shall be used
when it is available. A construction meter is obtained by applying for a water meter permitWater
Meter Permit. The DistrictCMWD may connect a construction meter to any fire hydrant,, or a
service connection if approved by the District, upon proper application. The cost for a construc-
tion meter shall be comprised of a deposit fee, and a rental installation fee, and consumption
charge. The deposit fee will be refunded after the meter is returned in good working order,
complete with fittings, and all bills pertaining thereto to the meter are paid. The meter will be
installed and removed by authorized DistrictCMWD or City of Carlsbad employees. Any dam-
age caused to the meter by the negligence or carelessness of any person to whom a meter is
loaned must be paid on demand. Water delivered through a construction meter will be charged
at the commercial standard water rate, including delivery charges. An additional fee will be
charged upon each request to have a construction meter relocated. Construction meters in-
stalled on a potable water supply shall have an approved means of backflow prevention de-
viceprotection.
B. The use of “jumpers” in place of a meter shall not be allowed on a temporary basis to test water
pressure in the plumbing of a new building, residence, or other purpose. (Ord. 47 § IV.12, 2019;
Ord. 45 § IV.12, 2009)
2.12.112012320 Fire service flow detector protection meters.
EA fire protection meter shall be installed ach on fire service for commercial and industrial buildings
and, when required by the City’s Fire Marshal, on residential buildings shall have a flow detector
meterunits. The purpose of the fire protection meter is to monitor if any water has been used through
from the fire serviceprotection line. The account, service, and meter installation fees apply to detec-
tor fire protection meters is only charged a meter fee. A No water connection fees does not apply.
(Ord. 47 § IV.13, 2019; Ord. 45 § IV.13, 2009)
2.12.13013430 Meter installation charges.
Applicants for installation of water meters shall pay installation charges as set from time to time by
the Board and reflected in a resolution of the City’s Master Fee ScheduleBoard, adopted by the
Board. In the event a customer has an installed meter but wishes to exchange it for another smaller
size meter, thehe or she customer shall receive a rebate refund of the difference between the
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charges for the larger and smaller meter in effect at the time the original meter was installed. If the
he or shecustomer substitutes a larger meter for a smaller meter, thehe or she customer shall pay
the difference between the current charges for the smaller meter and the larger meter. (Ord. 47 §
IV.14, 2019; Ord. 45 § IV.14, 2009)
2.12.124014540 Repairs by the DistrictCMWD.
All water and recycled water meters are the property of the DistrictCMWD and the DistrictCMWD
will maintain and repair them when in its judgment such repairs are needed. (Ord. 47 § IV.15, 2019;
Ord. 45 § IV.15, 2009)
2.12.135015650 Transportation of water across property line.
Water served through a meter shall not be transported through pipes or conduits across lot lines or
property lines. (Ord. 47 § IV.16, 2019; Ord. 45 § IV.16, 2009)
2.12.146016760 Connection—Liability for damage.
A. Liability for Damage. When any person connecting a water service pipe to the property side of
a meter uses water for testing the pipes, thathe or she person must leave the service box in as
good condition as found and shall leave the water shut off if found shut off, and shall in writing
notify the DistrictCMWD or City of Carlsbad at the time the connection is made. Any damage
caused by the negligence or carelessness of any person to any part of the meter box or con-
nection, must be paid in accordance with Section 2.04.1340 140 by the person to the CMWD
on demand.
B. Liability of Customer for Damages to Meter. After the water or recycled water meter is so
connected to the service connection, any damage to such the meter resulting from an inten-
tional act, carelessness or negligence of the customer, or anyone employed by thehim or her
customer, and any damage which may result from hot water or steam from a boiler, or other-
wise, shall be paid finfor by such the customer to the CMWD on presentation of a bill thereforfor
thesuch damage to a the meter.; and in case If such the bill is not paid, the water shall be shut
off from the premises without further notice, and the same water shall not be turned on until all
charges are paid accordance with Section 2.04.1340140. (Ord. 47 §§ IV.17, 18, 2019; Ord. 45
§§ IV.17, 18, 2009)
2.12.150 Examination of meter at customer’s request.
A. Examination Request. Any customer may request that the meter through which water or recy-
cled water is being delivered be examined and tested by the District or a representative of the
District for the purpose of determining whether the meter correctly registers the amount of water
delivered through it. Upon receipt of such request, the Executive Manager will cause the meter
to be examined and tested for the purpose of determining whether it is registering correctly the
water or recycled water being delivered through it.
B. Replacement of Defective Meter. The District shall provide a new meter to a customer if (1) an
examination and test reveals that the meter registers one percentage of more or less than the
amount that actually passes through it and (2) the amount that actually passes through the
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meter exceeds the tolerances for such meter as established by the American Water Works
Association standards. (Ord. 47 §§ IV.5, 6, 2019; Ord. 45 §§ IV.5, 6, 2009)
2.12.167017870 Cutting off or interfering with meter.
It is unlawful for any person to interfere with, or cut off, or remove a water or recycled water meter
from any service connection where it has been installed, without first receiving written permission
from the District.CMWD or City of Carlsbad’s Maintenance and Operation Department. Such per-
mission shall may be granted only A meter may only be removed by the District or a representative
of the District for the purpose of testings, replacements, repairs or readjustment to the meter or
service pipes, readjustments of service, or similar emergency. (Ord. 47 § IV.19, 2019; Ord. 45 §
IV.19, 2009)
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Chapter 2.16
CONNECTIONS AND INSTALLATIONS OF SERVICE
Sections: 2.16.010 Shut off valve. 2.16.020 Distance of sewer, gas, or other service pipe from water service. 2.16.030 Repairs to water pipelines, meters, and service connections. 2.16.040 Shutting off water or recycled water for repairs. 2.16.050 Steam boilers, hydraulic elevators, power pumps, and similar apparatus. 2.16.060 Right-of-way application for service—Form. 2.16.070 Connection to water pipelines upon compliance. 2.16.080 Multiple service connections and meters and multi-ownership building. 2.16.090 Discontinuance of service upon written notice. 2.16.100 Turning on of water or recycled water. 2.16.110 Temporary uUse of water by for construction workers—Water meter permit. 2.16.120 Supplying to other than occupant of premises. 2.16.130 Customer to accept service conditions. 2.16.140 Violations. 2.16.150 Severability.
2.16.010 Shut off valve.
A. For District. AnThere shall be an angle meter stop valve shall be installed on the immediate
upstream side of the meter which angle meter stop valve shall be paid for by the customer per
the fee established by the Board of Directors of the District. Thebut angle meter stop valve shall
be the property of the District and. Thethe DistrictCMWD shall have exclusive use and control
of the angle meter stop valve.., and shall be for exclusive use and under its exclusive control.
B. For Customer. The water customer is hereby required, for their own protection, to provide, at
their own expense, a shut off valve consisting of a ball valve to be connected to the meter
immediately downstream of the meter and accessible to the employees of the CMWD or City
of Carlsbad. Water customers shall be provided with a ball valve to be installed connected to
on the meter immediately downstream side of the meter for the customer’s own protection. The
ball valve described in this subsection shall be installed at the customer’s own expense and
must be accessible to DistrictCMWD employees. (Ord. 47 §§ V.1, 2, 2019; Ord. 45 §§ V.1, 2,
2009)
2.16.020 Distance of sewer, gas, or other service pipe from water service.
No sewer pipe, gas pipe, electrical conduit, or any other service pipe or storm drain shall be installed
or maintained nearer than 10 feet parallel to any District water service connection, meter, or water
pipeline or meter of the District meterCMWD without obtaining prior approval from the Dis-
trictCMWD. Under no circumstance shall a sewer pipe, or gas pipe, or electrical conduit, or any
other service pipe be installed closer than five 552 feet clear from the water service connection,
meter, or water pipeline or meter. (Ord. 47 § V.3, 2019; Ord. 45 § V.3, 2009)
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2.16.030 Repairs to water pipelines, meters, and service connections.
The DistrictCMWD shall, at its own expense, make all repairs necessary to water pipelines, meters,
and service connections, and meters. The DistrictCMWD shall make no repair or do any work what-
soever on the service connection beyond the meter. Any repair, including parts and labor, made
necessary by any acts of negligence or carelessness of the customer, or other persons, shall be
charged to and collected from the customer, or the person responsible for such work beyond the
meter.metertherefore. (Ord. 47 § V.4, 2019; Ord. 45 § V.4, 2009)
2.16.040 Shutting off water or recycled water for repairs.
The District CMWD reserves the right to shut off the water or recycled water supply from to any
premises at any time without notice, for the purpose of making repairs, extensions or other neces-
sary purposes, or for any infraction violation of this title. (Ord. 47 § V.5, 2019; Ord. 45 § V.5, 2009)
2.16.050 Steam boilers, hydraulic elevators, power pumps, and similar apparatus.
It is unlawful for any person to draw any water from any water pipeline or service connection of the
DistrictCMWD, directly into any stationary steam boiler, hydraulic elevator, power pump, or similar
apparatus. If a customer desires water from the DistrictCMWD to be used in any stationary steam
boiler, hydraulic elevator, power pump, or similar apparatus, the customer must first apply in writing
to the DistrictCMWD for permission. If such granted by the ExecutiveBoard Manager or designee,
such the customer must provide a tank or reservoir of such the capacity as is required by anystand-
ard practice Code adopted by the City or of the District standards. No such tank or reservoir shall
be installed or used unless and until the plans and specifications have been examined and approved
in writing by the Public Works Director or designee. (Ord. 47 § V.6, 2019; Ord. 45 § V.6, 2009)
2.16.060 Right-of-way application for service—Form.
Before any water will be supplied by the DistrictCMWD to any person which requires a connection
from the DistrictCMWD water pipeline toon any real property, the owner or occupant of the property
shall make a written application for such service and service connection, and upon submittal of a
right-of-way permit application provided by the DistrictCMWD at to the City’s of Carlsbad’s Engi-
neering Department. (Ord. 47 § V.7, 2019; Ord. 45 § V.7, 2009)
2.16.070 Connection to water pipelines upon compliance.
Upon the applicant for water service having complied with all the requirements relating to for written
application for service and right-of-way permit, the DistrictCMWD will authorize the installation of
the water service from the pipeline to cause the property described in the written application to be
connected with the water pipeline and the City will issue the right-of-way permit, subject to the pro-
visions of this title and the rules and regulations of the Board. (Ord. 47 § V.8, 2019; Ord. 45 § V.8,
2009)
2.16.080 Multiple service connections and meters and multi-ownership building.
A. No water shall be served to two2 or more parcels of property separately owned through a
common service connection and meter.
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B. When more than one building is placed on the same parcel of property, then each building shall
have at least one service connection and meter.
C. When a multi-ownership residential, commercial, or industrial unit building is placed on the
same parcel of property and each is conducting a separately established residence or busi-
ness, a separate service connection and meter shall be required and installed for each owner-
ship unit in the building. The cost of such service connection and meter installation shall be
paid by the owner or party receiving water service. For good cause shown, the Public Works
Director may allow one a single service connection and meter to a multi-ownership building to
provide service to more than one residential, or commercial/office condominium on a case-by-
case basis. However, ,.; provided, hHowever, that the size of the service connection and meter
shall be determined based on the combined fixture units of all residential or commercial/office
condominiums served by the meter, within the building. In cases where the Public Works Di-
rector allows a single one service connection and meter to a multi-ownership building, there
shall be recorded a deed restriction or other such document as approved by the Public Works
Director and General Counsel. The recorded deed restriction shall inform placeeing future unit
owner’s owners on notice that each and every residential or commercial/office unit in the build-
ing on the property is served by a single service connection and meter.., The recorded deed
restriction shall also state that if and in the event that the water bill is not paid by the party or
entity responsible for paying the monthly water service charges to the DistrictCMWD for the
respective building occupied by the multi-ownership, the DistrictCMWD may, at its discretion,
shut off the water service to such multi-ownership building in accordance with DistrictCMWD
adopted rules and regulations. In addition, a multi-ownership building with a single service con-
nectionline and meter shallis required installshall to install a private sub-meter for each sepa-
rately established residence or business. (Ord. 47 § V.9, 2019; Ord. 45 § V.9, 2009)
2.16.090 Discontinuance of service upon written notice.
Service will be discontinued and water service shut off by the DistrictDistrictCMWD within 48 hours
of receiving a written notice request to discontinue water service from the property owner or cus-
tomer of record.. (Ord. 47 § V.10, 2019; Ord. 45 § V.10, 2009)
2.16.100 Turning on of water or recycled water.
It is unlawful for any person to turn on the water or recycled water after the same has been turned
off by DistrictDistrictCMWD or City of Carlsbad. (Ord. 47 § V.11, 2019; Ord. 45 § V.11, 2009)
2.16.110 Temporary uUse of water by for construction workers—Water meter permit.
Contractors or any person, desiring to use water in construction work where connections must be
made other than through a meter, shall in each and every case make written application for,
and obtain a written permit for, the same from the City of Carlsbad’s Engineering Department
before connecting to any water pipeline, fire hydrant or using water therefrom, and shall make
the deposit required by the CMWD sufficient in its opinion to cover the estimated cost of the
water to be used. Such water meter permit shall be exhibited upon the work for which it has
been issued during the full-time the water is being used pursuant to such permit. (A.a)
Any person or contractor who wishes to use water in construction work where connections
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must be made, other than through an existing meter, shall file a written application for a Water
Meter Permit such connection with the CityCity’s of Carlsbad’s Land Development Engineering
DepartmentEngineering Department. No person or contractor may connect to any water pipe-
line, fire hydrant, or otherwise use water from these sources, without a written permit issued
for such use issued by the Land Development Engineering Department. Before issuing such
permit, the applicant for such connection shall deposit with the Land Development Engineering
Department an amount sufficient to cover the estimated cost of the temporary construction
water meter. to be used by the applicant. If suchthe deposit is later determined to be insufficient
to cover the costs of all water used, applicant must pay any outstanding balance upon appli-
cant’s return of the meter to CMWD.The water meter permit described in this section shall be
on display at the job site, and shall promptly be made available to CMWD or city staff upon
request, during all times water is being used pursuant to the permit.
(B. b) If the deposit is later determined to be insufficient to cover the anythe actual cost to re-
place the meters of all water used, the applicant must pay any outstanding balance upon the
applicant’s return of the meter to the DistrictCMWD.
(Ord. 47 § V.12, 2019; Ord. 45 § V.12, 2009)
2.16.120 Supplying to other than occupant of premises.
It is unlawful for any person to supply water to any other person other than the occupants of the
premises of such the customer without written approval of the Public Works Director. (Ord. 47 §
V.13, 2019; Ord. 45 § V.13, 2009)
2.16.130 Customer to accept service conditions.
All applicants for service connections or water service shall be required tomust accept such the
conditions of pressure and service as are provided by the distribution distributing system at the
location of the proposed water service connection, and to shall hold the DistrictCMWD or City of
Carlsbad harmless from all damage arising from low pressure or high pressure conditions or inter-
ruptions of service. (Ord. 47 § V.14, 2019; Ord. 45 § V.14, 2009)
2.16.140 Violations and Penalties.
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of
this chapter. Any person violating any of the provisions or failing to comply with any of the provisions
of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than
$1,000.00 or by imprisonment in the County Jail for a period not exceeding 6 months, or by both.
(Ord. 47 § V.15, 2019; Ord. 45 § V.15, 2009)Any person in violation of this chapter is subject to the
enforcement remedies and appeal procedures provided in Chapters 1.08 and 1.10 of the Carlsbad
Municipal Code.
(Ord. 47 § V.15, 2019; Ord. 45 § V.15, 2009)
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2.16.150 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any
part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this chapter or any part thereof. The Board declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof, irrespective
of the fact that any one or more sections, subsections, subdivision, paragraphs, sentences, clauses,
or phrases be declared invalid. If any portion of this chapter, or its application to particular persons
or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent
jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter or the
application of the chapter to persons or circumstances not similarly situated. (Ord. 47 § V.16, 2019;
Ord. 45 § V.16, 2009)
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Chapter 2.20
EXTENSION OF PIPELINES AND OTHER FACILITIES
Sections: 2.20.010 Excess capacity. 2.20.020 Application. 2.20.030 Pipeline sSize of water pipeline extension. 2.20.040 Determination of adequacy of size and necessity by Executive Manager—Contract between applicant and the District CMWD—Reimbursement of applicant for additional cost. 2.20.050 Determination of materials to be used and of additional cost of facilitiespipelines. 2.20.060 Payment of proportionate cost of water or recycled water pipeline prior to connection. 2.20.070 Reimbursement agreement. 2.20.080 Improvements constructed under the Improvement Act of 1911— District ’sCMWD’s participation. 2.20.090 Payments—Time limit for recovery. 2.20.100 Water or recycled pipeline extensions.
2.20.010 Excess capacity.
As used in this chapter, excess capacity meansExcess capacity for the purpose of this chapter, is
defined to mean only that excess capacity resulting from the construction of pipelines or other facil-
ities larger than those required by the applicant for extension under existing DistrictDistrictCMWD
standards to serve the water or recycled water demands of a property use or development now or
hereafter subsequentlysubsequentlyhereafter adopted. (Ord. 47 § VI.1, 2019; Ord. 45 § VI.1, 2009)
2.20.020 Application.
A. Generally. Any person may apply to the Executive Manager of the DistrictCMWD or designee
for the construction installation of water pipelines or and fire hydrants and other appurtenant
other facilities to be constructed either in the public right-of-way streets, alleys or in utility ease-
ments upon private property. However.; however, nothing herein in this section contained shall
be construed to modify any provision of subsection BBthe subdivision section hereinafter set
forth, which requires the subdivider to make and pay for certain improvements within a subdi-
vision and bear the cost thereof.
B. Contents. Applicants that will wishing to extend a water or recycled water pipeline or construct
a water or recycled water pipeline of excess capacity shall execute a reimbursement agreement
with the DistrictCMWD. Such reimbursement agreement must, among other things, set forth:
1. a statement describing what the facility that the applicant proposes wishes to construct or
have constructed;
2. a map that showing accurately depicts the proposed location, route, and size of such facil-
ity;
3. the estimated cost of construction of such facility.
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4. bidding and contracting requirements;
5. a payment schedule;
65. auditing procedures;
76. complete specifications regarding the materials and sizes or capacities of facilities type of
pipe and other appurtenances which the applicant desires to construct or have
constructed; and
87. all additional information requested by the Executive Manager of the DistrictCMWD.
No water or recycled water facility shall be constructed if the applicant does not comply with
the standard plans and specifications of the DistrictCMWD. Prior to the applicant extending a
water or recycled water pipeline or constructing a water or recycled water pipeline of excess
capacity shall enter into a reimbursement agreement with CMWD, setting forth, among other
things, a statement describing that which the applicant wishes to construct or have constructed,
a map showing accurately the proposed route and size of such facility, the estimated cost of
construction of such facility, payment schedule, auditing procedures, complete specifications
as to the type of pipe and other appurtenances which the applicant desires to construct or have
constructed, and applicant shall provide any and all additional information requested by the
Executive Manager of the CMWD. In no event shall any water or recycled water facility be
constructed unless the standard plans and specifications of the CMWD are observed and com-
plied with. (Ord. 47 §§ VI.2, 3, 2019; Ord. 45 §§ VI.2, 3, 2009)
2.20.030 Pipeline sSize of water pipeline extension.
A. All water pipeline extensions will be constructed installed in sizes best suited to the require-
ments and full development of the DistrictCMWD water or recycled water system as determined
by the GeneralPublic Works Director Manager. In no event will a water pipeline be less than 8
inches in diameter or a recycled water pipeline extension be less than 6 inches in diameter.
B. No property shall be connected to a DistrictCMWD water or recycled water pipeline which is of
inadequate size to meet the requirements and full development of the DistrictCMWD water or
recycled water system as determined by the General Manager. Public Works Director. (Ord.
47 § VI.4, 2019; Ord. 45 § VI.4, 2009)
2.20.040 Determination of adequacy of size and necessity by General Manager Executive
Manager—Contract between applicant and District CMWD—Reimbursement of
applicant for additional cost.
The General Manager Public Works Director for the DistrictCMWD shall determine if the size of such
an existing or proposed water pipeline or other facility is adequate to serve the water or recycled
water demands of the intended property use ofor development applicant; . furtherFurther, the Public
Works DirectorGeneral Manager shall determine if there is other property within the DistrictCMWD
not being served with water or recycled water and which could be served by an existing or the
proposed water or recycled water pipeline or facility, and the requirements for full development of
the District’s water or recycled water system., and iIf it appears to the Public Works DirectorGeneral
Manager finds that it is necessary that athe proposed water or recycled water pipeline and appurte-
nant or facilityies should be constructed to a greater with excess capacity than the immediate needs
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of the applicant so that other property in the DistrictCMWD may be supplied with water or recycled
water through such the pipeline, then the Executive Manager shall recommend to the Board that a
reimbursement agreement be entered into between the applicant and the District providingCMWD
providing for the construction of such the water or recycled water pipeline or facility with excess
capacity and establishing a reimbursement procedure and schedule for the additional costs to be
incurred for the excess capacity by building such the water or recycled water pipeline with such
excess capacity. (Ord. 47 § VI.5, 2019; Ord. 45 § VI.5, 2009)
2.20.050 Determination of materials to be used and of additional cost of
facilitiespipelines.
The quality of the materials for of the water pipelines, hydrants, and other other facilities in connec-
tion therewith shall be determined by the General ManagerPublic Works Director, who shall give
due regard to the potential water service development in the territory that can reasonably be served
by District facilitiesthe extended water pipeline. The General Manager Executive Manager shall de-
termine the amount of money necessary to cover approve the costs forof construction of such the
water pipeline extensions and/or shall determine the excess capacity cost as herein below provided
in this chapter, if any, over and above the cost of a standard size water pipeline or other facility
sufficient to serve the applicant’s immediate need and proposed use or development. (Ord. 47 §
VI.6, 2019; Ord. 45 § VI.6, 2009)
2.20.060 Payment of proportionate cost of water or recycled water pipeline prior to
connection.
The District shall only accept, process, or approve applications for water or recycled water pipelines
or facilities once the applicant has paid the District it’s proportionate share of the cost of the water
or recycled water pipeline to the District according to the terms, schedules, and conditions set forth
in this chapter.
The DistrictCMWD shall not accept, process, or approve an application for a connection to a water
or recycled water pipeline if:
1. The pipeline or other facility has been installed in any manner other than by public improve-
ment proceedings for which an assessment has been levied or a connection fee established
by the Board, and
2. Neither the applicant, nor the applicant’s predecessor in interest, has paid the proportionate
share of the cost of the water or recycled water pipeline or facility for the property served.
(Ord. 47 § VI.7, 2019; Ord. 45 § VI.7, 2009)CMWD shall only accept, process, or approve applica-
tions for water or recycled water pipelines once the applicant has paid the CMWD it’s proportionate
share of the cost of the water or recycled water pipeline according to the terms, schedules, and
conditions set forth in this Cchapter. Whenever any person applies for a connection to a water or
recycled water pipeline which has been installed in any manner other than by public improvement
proceedings for which an assessment has been levied, and neither the person nor his predecessor
in interest has paid the proportionate share of the cost of the water or recycled water pipeline, with
respect to the property served, no application shall be acted upon, allowed, or approved by the
CMWD, or any of its administrative employees until such person has paid to the CMWD his
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proportionate share of the cost of the water or recycled water pipeline according to the terms, sched-
ules, and conditions hereinafter set forth. (Ord. 47 § VI.7, 2019; Ord. 45 § VI.7, 2009)
2.20.070 Reimbursement agreement.
A. Method of Determining Excess Cost Determination for Reimbursement Agreement. In deter-
mining pipeline extension and/or excess capacity excess costs for a reimbursement agree-
ment, the costs considered shall include the actual cost of construction cost, and including
necessary right-of-way or easement acquisitions, environmental and engineering services,
construction management, inspection, and directly related incidental costs., shall be included
plus any overhead for managing the construction contract. The Executive Manager, or de-
signee, shall make the final decision, subject to Board approval of the reimbursement agree-
ment, in determinationing of the pro rata cost share of the pipeline extension and/or excess
capacity. In all cases, the minimum pipeline size for any property distribution system pipeline
shall be at least 8 inches in or the diameter required to deliver the water or recycled water
demands for the proposed use or development in accordance with District standards, which-
ever is greater. The cost of eand excess capacity shall be determined as considered the differ-
ence in cost between the minimum pipe size or facility cost required to serve for the proposed
useproperty or development and the recommended size to meet DistrictDistrictCMWD system
requirements.
Any right to reimbursement hereunder, or pursuant to contract, shall expire in accordance with
the time specified in the reimbursement agreement. The., but tThe time period in thesuchthe
reimbursement agreement shall not exceed a period of 157 years as prescribed in subsection
(D) or 510 years after the pipeline or facility has been accepted by the District. However, pay-
ment shall only be made to the applicant, or designee, at such the address as shall have been
filed with the District C MWD, by the applicant for such that purpose. No interest shall accrue
to applicant pursuant to this section, or under any contract entered into pursuant theretoto this
section. In no event shall the District CMWD be liable or in any way responsible for failure to
collect such connecting fees, or for failure to pay any money to applicant.
B. Easements to be Provided—Title Insurance Policy.—Construction Costs to be Deposited. If a
reimbursement agreement is entered into between applicant and the DistrictCMWD, applicant
shall provide grant easements to the District in the event the water or recycled water pipeline
or facilities lie outside of District public property or easements or public right-of-way, and shall
provide a Title Insurance Policy showing that granter grantor has the valid title to grant such an
easement. Such easement shall be subject to the approval of the General Council Counsel for
the DistrictCMWD for legal adequacy and shall be subject to the approval of the Public Works
Director and Executive Manager in all other respects.
C. Construction Costs to be Deposited. If applicant desires that such the water or recycled water
pipeline extension and/or excess capacity be extended or such the water or recycled water
pipeline and related facilities be constructed by the District,CMWD and the Executive Manager
recommends that the DistrictCMWD construct such facilities, which recommendation is ap-
proved by the Board, thethen, in that event, applicant shall deposit with the District CMWD
thesuch sum of money as the Executive Manager shall determines to be necessary in order to
construct such the improvements specified identified in the reimbursement agreement.
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DC. Source of Reimbursement. The DistrictCMWD shall reimburse the applicant only from either
the water or recycled water connection fee fund or the water or recycled water replacement
fund, subject to availability of funds, and the District’sCMWD’s responsibility shall be no greater
than as set forth in this title.
ED. Authority and Period for Reimbursement Agreement between District CMWD and Contributor
applicant for Repayment of Off-Site Improvement. The Executive Manager is empowered to
prepare a reimbursement agreement to be entered into by the District and the applicant person
who constructs off-site water or recycled water pipeline extensions or excess capacity. and the
DistrictCMWD. Such agreement shall provide that the DistrictCMWD will reimburse refund to
the persons who paid for the additional costs for of the water or recycled water pipeline exten-
sions or excess capacitythe actual cost of construction, including necessary easement acqui-
sitions, engineering, construction management, inspection, and directly related incidental
costs. all pipeline fees. The agreement shall be limited to a seven715-year period from and
after the date of signing or five years after the pipeline or facility has been accepted by the
District. Any right to reimbursement shall expire in accordance with the time specified in the
reimbursement agreement. Payment shall only be made to the applicant, or designee, at the
address filed with the District by the applicant for that purpose. No interest shall accrue to
applicant pursuant to this section, or under any contract entered into pursuant to this section.
The DistrictCMWD shall not be liable to the subdivider for such moneys ifin the event that the
collection of the charge is prevented by judgment or order of court, or ifin the event that such
moneys are not collected due to inadvertence or neglect of the officers or employees of the
DistrictCMWD or City of Carlsbad. In no event shall the District be liable or in any way respon-
sible for failure to collect such connecting fees, or for failure to pay any money to applicant.
(Ord. 47 §§ VI.8—10, 13, 2019; Ord. 45 §§ VI.8—10, 13, 2009)
2.20.080 Improvements constructed under the Improvement Act of 1911—
District’sCMWD’s participation.
If any of the improvements , which would otherwise qualify for reimbursement under this chapteras
above set forth, and are constructed through a 1911 Act of Improvement District as defined in the
Improvement Act of 1911, Division 7 of the California Streets and Highways Code, the DistrictCMWD
will agree to pay to the owner or owners of the assessed property assessed within the CMWD, said
payments running with the land at all times mentioned herein, the sums it would otherwise pay to
an individual applicant under the terms of this chapter. The payyments will be made at the times
mentioned in this chapter to the property owner or owners at the time the payment is made. (Ord.
47 § VI.11, 2019; Ord. 45 § VI.11, 2009)
2.20.090 Payments—Time limit for recovery.
Any funds mailed to the applicant or other party to the reimbursement agreementdesignee which
are returned, or where the check, voucher, or other payment remains uncashed for after expiration
of the applicable retention period,one year after such mailing shall revert to the District’sCMWD’s
water or recycled water connection fee fund or water or recycled water replacement fee fund as
appropriate, and shall not be recoverable by the payeeapplicant. (Ord. 47 § VI.12, 2019; Ord. 45 §
VI.12, 2009)
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2.20.100 Water or recycled pipeline extensions.
A. Within Subdivisions.
1. Subdividers shall be required to install water or recycled water pipelines extensions to all
property within the subdivision. When such the water or recycled water pipelines exten-
sions are constructed by the subdivider, then no reimbursement refund agreement shall
be available to the subdivider for any portion of the water or recycled water pipeline con-
structed within the limits of the subdivision or in streets that are immediately adjacent to
the external limits of such the subdivision with the following exception:
When a subdivider is required to install a water or recycled water pipeline extension in
excess of their requirements for continuity and full development of the DistrictCMWD wa-
ter system, as determined by the GeneralPublic Works Director Manager, then the Dis-
trictCMWD will paycontribute for the additional costs required to construct the water or
recycled water pipeline in excess of 8 inches in diameter or in excess of the diameter
required to serve the subdivision, whichever is larger.
2. Subdividers shall be required to extend to the external limits of the subdivision all water
and recycled water pipelines placed in and about the subdivision by the subdivider. The
subdividers subdivider may enter into a reimbursement agreement with the District
forCMWD as outlined heretofore for such other off-site portions of the water or recycled
water pipeline extensions they must install for the subdivision.
B. For Length of Property Frontage. An applicant, subdivider, contractor, or individual developer
shall cause the construction of be required to install a water or recycled water pipeline exten-
sion to the external limits of thehis or her property line along the entire front of thehis or her
property frontage abutting upon the water or recycled water pipeline. However extension,.; ex-
cept, when such person is the owner of for a large undeveloped frontage, then in that event,
the owner shall be required to install the water or recycled water pipeline shall extend extension
for a minimum length frontage of 75 feet along the frontage if; provided, that all ofall the follow-
ing conditions applyprevail:
1. That the portion of the property being connected to the water or recycled water pipeline
shall will totally contain the parcelresidence of the owner or parcels served by the pipeline,
together with sufficient side yard setbacks as required by applicable zoning law; and
2. That sufficient area remains in the unconnected portion of the property in which to con-
struct one or more living units in accordance with the applicable zoning laws. (Ord. 47 §§
VI.14, 15, 2019; Ord. 45 §§ VI.14, 15, 2009)
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Chapter 2.24
ENGINEERING SERVICES FEES
Sections: 2.24.010 Established by resolution. 2.24.020 Adjustment of fees by resolution. 2.24.030 When paid.
2.24.010 Established by resolution.
The engineering service fees shall be established by resolution of the Board. of Directors of the
DistrictCMWD and are for theThe purpose of the engineering services fees is to defraying defray
the costscost of processingassociated with the District’s review, and approval of studies, maps,
plans, and specifications, and easements and quitclaims in connection with the City’s development
review process and inspection of potable water and recycled water facilities including, but not limited
to, the installation or relocation of related to, including pipelines, service connections, and service
lines installation, and meterspipeline and service line replacement and relocation, easements and
quitclaims in connection with the development review process of the City ofof Carlsbad..:
A. Policy. The City of Carlsbad’s Engineering DepartmentThe DistrictCMWD District Engineer
shall provide review plans and other required documents checking services for potable and
recycled water facilities to be abandoned, replaced, or constructed and added to the systems
of the DistrictCMWD at a charge of the estimated cost of providing thosesuch services.
B. Fees. The fees to review improvement plans related to CMWD facilities shall be charged based
upon the estimated construction costs of the potable water and recycled water improvements,
and all appurtenances only plus 15% contingency based on current City of San Diego Bond
Unit Prices, as determined by the Public Works Director or designee upon review of the plans
submitted in connection with any type of development within the CMWD. The fees shall be
fixed and established by resolution of the Board of Directors of the DistrictDistrictCMWD.
C. Private On-Site Irrigation System. The plans for the private, on-site, irrigation system for a pro-
posed development shall be reviewed plan checked by the City’s Planning Department and
theEngineering Departmentand the CMWD District Engineer. A plan check fee shall be paid by
the applicant to cover the CcCity’s cost to review and approve the plans of the private on-site
irrigation system plans. The County of San Diego Department of Environmental Health Depart-
ment and Quality also will also review all private on-site irrigation plans where recycled water
is proposed to be used for irrigation. A separate plan check fee shall be submitted to the County
of San Diego, together with the landscape and irrigation plansconstruction drawings and the
cCCcity’s application form. (Ord. 47 § VII.1, 2019; Ord. 45 § VII.1, 2009)
2.24.020 Adjustment of fees by resolution.
The City ’sof Carlsbad’s Finance Department, on behalf of theCMW DDistrict, shall periodically re-
view the fees charged for engineering services to ensure that the fixed fees do not exceed the
estimated costs of providing the services, and are fair and appropriate. Adjustments to the fixed fees
may be made at any time by resolution, but shall be adjusted annually by a ratio using the
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Engineering News Record Cconstruction Ccost Iindex for Los Angeles. (Ord. 47 § VII.2, 2019; Ord.
45 § VII.2, 2009)
2.24.030 When paid.
A. All fees to review improvement plans, easements, or quitclaims, or other documents required
during the development review process are paid upon initial submittal to the City of Carlsbad
based on the cost estimate submitted (valuation) submitted with the initial submittal. For im-
provement plans, the applicant is responsible to pay an initial plan check fee that is based on
the cost estimate submitted (valuation) with the initial submittal. By the end of the plan check
process of improvement plans, this valuation may increase or decrease from the initial valua-
tion, thereby changing the plan check fee that would be due. Near the end of the plan check
process and prior to the plan approval, the applicant is responsible tomust pay the any balance
of plan check fees or receive a refund for excess fees paid, depending on the valuation change.
B. Prior to issuance of a right-of-way permit to construct the improvements, the applicant shall pay
inspection fees that cover the inspection of DistrictDistrictCMWD improvements. (Ord. 47 §
VII.3, 2019; Ord. 45 § VII.3, 2009)
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Chapter 2.28
FIRE HYDRANTS
Sections: 2.28.010 Use of fire hydrants—Generally. 2.28.020 Regulation of water supply from a fire hydrant. 2.28.030 Replacing cap after use. 2.28.040 Use of fire pipeline for other than fire purposes. 2.28.050040 Use of fire pipeline for other than fire purposes. 2.28.0500540 Private fire lines, etc.—Service connections.
2.28.010 Use of fire hydrants—Generally.
Fire hydrants are provided for the sole purpose of providing connections for the extinguishing of
fires, and shall be opened and used only by the DistrictCMWD and the City’s of Carlsbad Fire De-
partment or such persons as shall be authorized to do so by the Executive Manager of the CMWD.
(Ord. 47 § VIII.1, 2019; Ord. 45 § VIII.1, 2009)
2.28.020 Regulation of water supply from a fire hydrant.
Persons wishing to take a supply of water from a fire hydrant must make application to the City’s
Engineering Department for such service by applying for a water meter permitWater Meter Permit
to obtain a construction meter. The DistrictCMWD will make the necessary connections and install
a meter of the required size upon payment of a deposit fee and ana rental installation fee in effect
at the time of issuance of the water meter permitWater Meter Permit. (Ord. 47 § VIII.2, 2019; Ord.
45 § VIII.2, 2009)
2.28.030 Replacing cap after use.
Every person authorized to open a fire hydrant shall replace the cap on the outlet when the same is
not in use, and leave the hydrant in as good condition as when found, and such officer or person
shall report to the DistrictCMWD or the Fire Chief of the City of Carlsbad any leaks or breaks or
damage to the fire hydrant immediately upon discovery. (Ord. 47 § VIII.3, 2019; Ord. 45 § VIII.3,
2009)
2.28.040 Use of fire pipeline for other than fire purposes.
No fire pipeline shall be used for any purpose other than for the extinguishment of fire, unless the
same is equipped with a construction meter, in which event there shall be a charge for the water
used, together with the cost of the construction meter. (Ord. 47 § VIII.4, 2019; Ord. 45 § VIII.4, 2009)
2.28.040 Use of fire pipeline for other than fire purposes.
No fire pipeline shall be used for any purpose other than for the extinguishment of fire, unless the
same is equipped with a construction meter, in which event there shall be a charge for the water
used, together with the cost of the construction meter. (Ord. 47 § VIII.4, 2019; Ord. 45 § VIII.4, 2009)
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2.28.0500540 Private fire lines, etc.—Service connections.
Where a privately-owned fire line is used for fire purposes only, and is connected to an automatic
fire extinguishing system or other standard fire hydrant, the owner shall pay for all service connec-
tions from the DistrictCMWD water pipeline to the above ground double check valve assembly or
approved check valve and backflow preventioner assembly. (Ord. 47 § VIII.5, 2019; Ord. 45 § VIII.5,
2009)
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Chapter 2.32
CROSS-CONNECTION CONTROL PROGRAM
Sections: 2.32.010 Purpose of provisions. 2.32.020 Adopted by reference. 2.32.030 Backflow prevention assembly removal. 2.32.040 Site supervisor. 2.32.050 Water system survey. 2.32.060 Customer notification. 2.32.070 Retrofitting fire protection systems with backflow prevention assemblies. 2.32.080 Water service termination. 2.32.090 Requirements for backflow prevention assembly testers. 2.32.100 Recycled water use. 2.32.110 Fees. 2.32.120 Violations. 2.32.130 Severability.
2.32.010 Purpose of provisions.
The purpose of this chapter is to:
A. Protect the public water supply against actual or potential contamination through cross con-
nections by containing within the customer’s system, sources of contamination that may occur
within a customer’s premises because of some undiscovered or unauthorized cross-connection
on the premises;
B. To provide for the maintenance of a continuing program of cross-connection control which will
systematically and effectively prevent the contamination or pollution of the District’s potable
water and recycled water systems. (Ord. 47 § IX.1, 2019; Ord. 45 § IX.1, 2009)
2.32.020 Adopted by reference.
A. Article I of Group 4 of subchapter 1 of Chapter 5 of Title 17 of the California Administrative
Code entitled “Drinking Water Supplies” (17 CAC Section 7583 et seq.) relating to the imple-
mentation of the cross-connection control program and provisions for backflow protection, test-
ing and maintenance of records of locations, tests and repairs of backflow prevention devices
and its successor regulations within the code are adopted by reference and supplemented and
implemented by this chapter.
B. Backflow testing requirements and passing test criteria shall be determined in accordance with
the most recent requirements and/or recommendations of the California Department of Public
Health’s approved laboratory.
C. The California Regional Water Quality Control Board, San Diego Region, issues Orders that
regulate recycled water use site conditions and inspection requirements within the Dis-
trictCMWD. All requirements of the current Order shall be deemed part of this chapter. (Ord.
47 § IX.2, 2019; Ord. 45 § IX.2, 2009)
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2.32.030 Backflow prevention assembly removal.
Approval must be obtained from the DistrictCMWD before a backflow prevention assembly is re-
moved or relocated.
A. The use of an assembly may be discontinued and the assembly removed from service upon
presentation of sufficient evidence to the DistrictCMWD to verify that a hazard no longer exists
or is not likely to be created in the future. The DistrictCMWD shall make the determination of
whether a hazard exists or may exist in the future.
B. An assembly may be relocated following confirmation by the DistrictCMWD that the relocation
will continue to provide the required protection and satisfy installation requirements. A retest,
performed at the customer’s costexpense, will be required following the relocation of the as-
sembly.
C. An assembly may be removed for repair, provided the water use is either discontinued until the
repair is completed and the assembly is returned to service, or the service connection is
equipped with other backflow protection approved by the DistrictCMWD. A retest, at the cus-
tomer’s costexpense, will be required following the repair of the assembly.
D. An assembly may be removed and replaced provided the water use is discontinued until the
replacement assembly is installed and retested at the customer’s cost. All replacement assem-
blies must be approved by the DistrictCMWD. (Ord. 47 § IX.3, 2019; Ord. 45 § IX.3, 2009)
2.32.040 Site supervisor.
A. At each premise where recycled water is used or where it is necessary in the opinion of the
DistrictCMWD, a site supervisor shall be designated by and at the expense of the customer.
This site supervisor shall be responsible for complying with applicable rules and regulations
relating to recycled water use, monitoring of backflow prevention assemblies and for avoidance
of cross connections.
B. The site supervisor shall attend DistrictCMWD approved training in the use of recycled water.
The site supervisor shall be responsible for monthly tailgate trainings as well as training of new
employees prior to their assignment to a recycled water use site. Documentation of these train-
ings will be required tomust be made available during the annual walk throughwalk-through
inspection.
C. In the event of the potential for contamination or pollution of the either the public or the cus-
tomer’s potable water system due to a cross-connection on the premises, the DistrictCMWD
shall be immediately notified by the site supervisor so that appropriate measures may be taken
to overcome the potential contamination or pollution.
D. The customer shall inform the DistrictCMWD of the site supervisor’s identity (name, address,
and telephone number) on an annual basis and whenever a change occurs.
E. Failure to comply with site supervisor requirements may result in discontinuance of water ser-
vice . (Ord. 47 § IX.4, 2019; Ord. 45 § IX.4, 2009)
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2.32.050 Water system survey.
A. Backflow prevention assemblies will be required per the current edition of the City’s City of
Carlsbad Engineering Standards. These backflow assemblies shall be tested by a tester who
meets the requirements for a backflow assembly tester per this chapter upon installation and
at the customer’s costexpense. The test must meet passing criteria as stated in Section
2.32.020.
B. The DistrictCMWD may require an on-premises inspection to evaluate cross-connection haz-
ards. The Public Works Director will transmit a written notice requesting an inspection appoint-
ment to each affected customer. Any customer who cannot or will not allow an on-premises
inspection of their piping system shall be required to install the backflow prevention assembly
the CMWD District considers necessary.
C. The Public Works Director may, at his or her discretion of the Public Works Director, require a
re-inspection for cross- connection hazards of any premisespremise to which it the District
serves water. The DistrictCMWD will transmit a written notice requesting an inspection appoint-
ment to each affected customer.
D. Any customer who cannot or will not allow an on-premises inspection of their the customer’s
piping system shall be required tomust install the backflow prevention assembly the Public
Works Director considers necessary. In addition, the DistrictCMWD may use any lawful proce-
dure to enter and inspect any premises. (Ord. 47 § IX.5, 2019; Ord. 45 § IX.5, 2009)
2.32.060 Customer notification.
A. Assembly Installation.
1. The Public Works Director will notify the customer of the survey findings, listing the cor-
rective actions to be taken if any are required. A period of 30 days will be given to complete
all corrective actions required including the installation of backflow assemblies and pass-
ing test results submitted to the DistrictCMWD. Backflow assembly installation standards
will be in accordance with the current edition of the City’s of Carlsbad Engineering Stand-
ards.
2. A second notice will be sent to each customer who does not take the required corrective
actions prescribed in the first notice within the 30 calendar days allowed. The second
notice will give the customer a 2-week period to take the required corrective action.
3. A third and final notice shall be sent to each customer who does not take the required
corrective actions as prescribed in the first 2 notices. The final notice will give the customer
10 days to take the required action. If the customer fails to complete the corrective action
within the 10-day period, the DistrictCMWD shall terminate water service to the affected
customer until the required corrective actions are taken and the customer has paid all
applicable fees associated with water service termination.
B. Testing and Maintenance.
1. The Public Works Director will notify each affected customer in writing 30 days prior to the
due date that the backflow prevention assembly installed on their service connection must
be tested, repaired if necessary and then retested. This written notice provides will include
the customer with the necessary form to be completed and resubmittedthe customer must
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complete and resubmit to the DistrictCMWD. The customer shall have a certified tester
perform the test and document the results of the testing on the prescribed form. The cus-
tomer is responsible to ensurefor ensuring that the completed form is returned to the Dis-
trictCMWD in the prescribed time frame. Tests that do not meet passing criteria will not
be accepted.
2. A second notice shall be sent to each customer who does not have the backflow preven-
tion assembly tested as prescribed in the first notice within the 30-calendar-day period
allowed. The second notice will give the customer a 2-week period to have the backflow
prevention assembly tested with passing test criteria.
3. A third and final notice shall be sent to each customer who does not have the backflow
prevention assembly tested as prescribed in the first 2 notices. The final notice will give
the customer 10 days to have the backflow prevention assembly tested with passing cri-
teria. If no action is taken within the 10-day period, the DistrictCMWD shall terminate water
service to the affected customer. Water service shall not be reactivated until the customer
has paid all applicable fees associated with water service termination and until the Dis-
trictCMWD has been notified by an approved tester that they have been contracted to
perform the backflow assembly test. The DistrictCMWD will make an appointment with the
tester to restore water service so that the test may be performed. Any needed repairs and
a passing re-test must be performed completed within 5 business days or water service
will be discontinued, with all applicable fees being reapplied. (Ord. 47 §§ IX.6, 8, 2019;
Ord. 45 §§ IX.6, 8, 2009)
2.32.070 Retrofitting fire protection systems with backflow prevention assemblies.
A. Upon any modification to existing fire protection systems that are not currently protected by
either a reduced pressure principle detector assembly (RPDA) or a double check detector as-
sembly (DCDA), the DistrictCMWD will require the fire service supply line be retrofitted with
either a DCDA or an RPDA when any of the following occurs:
1. Any change in the fire protection water supply that would require an upgraded increase in
the fire service supply line;
2. Any renovation work to a structure or structures, involving changes and/or additions to the
fire sprinkler system, which require an increase in the minimum approved fire flow require-
ments from the underground fire service supply line;
3. When a leak is detected in the underground backflow swing-check valve, requiring re-
placement;
4. Any failure in the post indicator valve system, which would require more work than the
standard maintenance procedures;
5. Anytime a fire service supply line for an existing fire protection system fails, including
maintenance, testing, and seismic failures, and the fire protection system shall be retrofit-
ted with approved backflow prevention assemblies.
B. In all cases of a retrofit, the fire protection system shall be hydraulically calculated to meet the
minimum fire flow demand of the fire sprinkler system. This determination shall be based on
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compliance with the National Fire Protections Association’s standard for minimum design and
water flow requirements for sprinkler systems.
C. The DistrictCMWD shall determine the degree of hazard to determine whether the fire service
is must be retrofitted with a DCDA or an RPDA.
D. Detector assemblies will be installed per the current edition of the City’s City of Carlsbad Engi-
neering Standards. (Ord. 47 § IX.7, 2019; Ord. 45 § IX.7, 2009)
2.32.080 Water service termination.
A. When the DistrictCMWD encounters water uses that represent a clear and immediate hazard
to the potable water supply that cannot be immediately abated, the District shall institute the
procedure for discontinuing the DistrictCMWD water service.
B. Conditions or water uses that create a basis for water service termination shall include, but are
not limited to the following items:
1. Refusal to install a required backflow prevention assembly;
2. Refusal to test a backflow prevention assembly;
3. Refusal to repair a faulty backflow prevention assembly;
4. Refusal to replace a faulty backflow prevention assembly;
5. Direct or indirect connection between the public water system and a sewer line;
6. Unprotected direct or indirect connection between the public water system and a system
or equipment containing contaminants;
7. Unprotected direct or indirect connection between the public water system and an auxiliary
water system;
8. A situation which presents an immediate health hazard to the public water system.
C. For conditions 1, 2, 3 or 4, the DistrictCMWD will terminate service to a customer’s premis-
espremise after 3 written notices have 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 shall be terminated. The water service will remain inactive until correction of vio-
lations has been approved by the DistrictCMWD and payment received for all applicable fees
associated with water service termination.
D. For conditions 5, 6, 7 or 8, the DistrictCMWD will take the following steps:
1. Make reasonable effort to advise customer of intent to terminate water service;
2. Terminate water supply and lock service valve. The water service will remain inactive until
correction of violations has been approved by the DistrictCMWD and payment received
for all applicable fees associated with water service termination. (Ord. 47 § IX.9, 2019;
Ord. 45 § IX.9, 2009)
2.32.090 Requirements for backflow prevention assembly testers.
A. Competency in all phases of backflow prevention assembly testing and repair must be demon-
strated by means of education and/or experience in order toto obtain certification.
B. The following are minimum requirements:
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1. Applicants shall hold and submit a copy to the DistrictCMWD of a valid backflow preven-
tion assembly tester certificate from the American Water Works Association (AWWA) Cal-
ifornia-Nevada Section, American Backflow Prevention Association (ABPA), or have
equivalent certification in the opinion of the DistrictCMWD and the California Department
of Public Health.
2. All backflow testers shall submit to the DistrictCMWD current gauge calibration certificates
for test kits to be used within the DistrictCMWD service area. Gauges must undergo an
annual calibration check. The tester shall be responsible for the competency and accuracy
of all tests and reports prepared by him or her.
C. A tester may have his or her testing privileges revoked or suspended by the DistrictCMWD for
improper testing, repairs and/or reporting. (Ord. 47 § IX.10, 2019; Ord. 45 § IX.10, 2009)
2.32.100 Recycled water use.
A. The inspection of Recycled recycled water use sites inspections will be performed per the re-
quirements of the State of California Department of Public Health, County of San Diego De-
partment of Environmental Health, California Regional Water Quality Control Board, San Diego
Region, or other regulatory agency or as determined by the DistrictCMWD.
B. The recycled water user shall provide the District CMWD with an accurate set of controller
charts. The Each chart is to be a reduced drawing of the as-built system. The chart shall use a
different color to show the area of coverage for each station. (Ord. 47 § IX.11, 2019; Ord. 45 §
IX.11, 2009)
2.32.110 Fees.
Fees to implement, maintain, administer, and enforce this chapter shall be established by resolution
of the DistrictCMWD Board. (Ord. 47 § IX.12, 2019; Ord. 45 § IX.12, 2009)
2.32.120 Violations.
It is unlawful for any person to violate any provision or fail to comply with any of the requirementsre-
quirement of this chapter. Any person violating any of the provisions or failing to comply with any of
the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of
not more than $1,000.00, or by imprisonment in the County Jail for a period not exceeding 6 months,
or by both. (Ord. 47 § IX.13, 2019; Ord. 45 § IX.13, 2009)
2.32.130 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter or
any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this chapter or any part thereof. The Board declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof, irrespective
of the fact that any one or more sections, subsections, subdivision, paragraphs, sentences, clauses,
or phrases be declared invalid. (Ord. 47 § IX.14, 2019; Ord. 45 § IX.14, 2009)
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Chapter 2.36
PROCEDURES FOR WORK IN THE DISTRICT CMWD RIGHT-OF-WAY
Sections: 2.36.010 Title. 2.36.020 Definitions. 2.36.030 Public Works Director’s authority and responsibilities. 2.36.040 Permits—Required. 2.36.050 Application for right-of-way permit or encroachment permit. 2.36.060 Permits—Requirements of plans. 2.36.070 Commencement and completion of work. 2.36.080 Requirements for performance of work. 2.36.090 Acceptance of work. 2.36.100 Permit—Denial and revocation. 2.36.110 Appeal procedure. 2.36.120 Encroachment and right-of-way application and permit fees. 2.36.130 Performance deposits. 2.36.140 Placement of materials or obstruction of DistrictCMWD right-of-way. 2.36.150 Relocation of structures—Removal of encroachment. 2.36.160 Holding District harmless—Insurance. 2.36.170 DistrictCMWD not liable for damage to encroachment or encroachment area. 2.36.180 Exemptions.
2.36.010 Title.
This chapter may be cited as the “Right-of-Way Permit and Encroachment Agreement.” (Ord. 47 §
X.1, 2019; Ord. 45 § X.1, 2009)
2.36.020 Definitions.
The following words shall have the following meanings and set out in this chapter:
“Encroachment” means and includes any tower, pole, pole line, pipeline, fence, billboard, stand or
building, or any structure, or pavement of any kind or character whether or not it is particularly
mentioned in this subsection, which is placed in, under, or over any portion of a DistrictCMWD
facility or right-of-way.
“Plans” means the document developed and approved by the Public Works Director describing the
nature and extent of works proposed to be constructed or carried out on in a DistrictCMWD
right-of-way.
“Right-of-way” means any DistrictCMWD real property easement, DistrictCMWD interest in real
property, or public utility easement used by the DistrictCMWD.
“Specification” means the Standard Specifications used for public works construction (current edi-
tion including supplements) written and promulgated by the Southern California Chapter of
American Public Works Association and Southern California District Associated General Con-
tractors or California Joint Cooperative Committee and published by Building News Incorpo-
rated or other such specifications noted on approved plans including DistrictCMWD standard
drawings and specifications.
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“Standard drawings” means the standard drawings of the Carlsbad Municipal Water District, adopted
and revised by the Public Works Director and most recently adopted San Diego Regional
Standard Drawings. (Ord. 47 § X.2, 2019; Ord. 45 § X.2, 2009)
2.36.030 Public Works Director’s authority and responsibilities.
This chapter shall be administered by the City’sCity of Carlsbad’s Public Works Director who shall
have the responsibility and authority to:
A. Establish the form and procedures for application for encroachment permits required pursuant
to this title including the certification of completed applications, the approval of plans, the es-
tablishment of files, collection of fees and security deposits;
B. Interpret provisions of this title and advise the public regarding requirements for plans, specifi-
cations, and special provisions for facilities or encroachments subject to the provisions of this
title;
C. Establish the format and content of plans and standards governing work on facilities or en-
croachments pursuant to the provisionsprovision of this chapter;
D. Issue permits upon such conditions as determined are reasonable and necessary to protect
the public health, safety, and welfare;
E. Amend any permit issued when determined that such amendment is necessary to provide for
the safe and efficient movement of traffic, or to protect DistrictCMWD facilities, persons, or
property. (Ord. 47 § X.3, 2019; Ord. 45 § X.3, 2009)
2.36.040 Permits—Required.
No person shall do any of the following acts without first obtaining a valid right-of-way permit and
encroachment agreement:
A. Make, or cause to be made, an excavation or opening, fill or obstruction in, over, along, across,
or through any DistrictCMWD right-of-way for any purpose whatsoever;
B. Construct or repair, or cause to be constructed or repaired, any fence, curb, sidewalk, gutter,
curb with integral gutter, drive approach, driveway, alley approach, spandrel and cross gutter,
wheelchair ramp, structure, planter, wire, pipe, conduit, cable, or vault over, along, across,
overhanging, or through any DistrictCMWD facility or rightor right-of-way;
C. Plant any tree, plant, shrub, or flower within any DistrictCMWD right-of-way;
D. Construct or modify, or cause to be constructed or modified, any storm drain or conveyor of
drainage of waters and appurtenance items within a DistrictCMWD right-of-way, except for
drainage by controlled surface flow;
E. Modify, alter or deface any block wall on or adjacent to a DistrictCMWD right-of-way;
F. Enter into or exit from any DistrictCMWD right-of-way at any location not approved and con-
structed as a driveway. (Ord. 47 § X.4, 2019; Ord. 45 § X.4, 2009)
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2.36.050 Application for right-of-way permit or encroachment permit.
A. Any person proposing to do any of the acts described in Section 2.36.040 of this chapter shall
make an application for a: (1) right-of-way permit, and if required; (2) encroachment agreement
to the Public Works Director.
B. The following information shall be included in the permit application:
1. The location, nature, and extent of work to be performed;
2. The proposed date when such work shall be commenced;
3. The proposed date when the work shall be completed;
4. Such other information as may be required by the Public Works Director.
C. The Public Works Director may require the application to contain an encroachment agreement
if deemed necessary due to the location, size, duration, and/or nature of the encroachment.
The encroachment agreement shall:
1. Require the encroachment to be placed and maintained in a safe and sanitary condition
and without hindering interference to access for maintenance or operation of District facil-
ities;
2. Require removal of the encroachment by the permittee upon reasonable demand by the
Public Works Director;
3. Allow the DistrictCMWD to remove the encroachment and place a lien on the property if
the permittee does not remove the encroachment in a reasonable time period;
4. Allow for the removal of the encroachment by the DistrictCMWD during the performance
of any emergency repairs without liability to the DistrictCMWD for damages;
5. Require adequate security of performance of such promise;
6. Require indemnification of the DistrictCMWD in accordance with Section 2.36.160;
7. Be in a form acceptable to the General Counsel. (Ord. 47 § X.5, 2019; Ord. 45 § X.5,
2009)
D. The applicant may be required to provide proof of liability insurance in an amount set by the
City’s Risk Manager a resolution of the Board and may be requested to name the District as
an additional insured under the insurance policy. The insurance shall be provided by a com-
pany satisfactory to the City’s Risk Manager. Any deductible or self-insured retention under the
insurance policy shall be in an amount acceptable to the City’s Risk Manager. (Ord. 47 § X.16,
2019; Ord. 45 § X.16, 2009)
2.36.060 Permits—Requirements of plans.
TheIf, in the opinion of the Public Works Director may require the proposed work to be accompanied
by plans if the Public Works Director determines, the work the proposed work to be done requires
the making of plans, or setting of stakes, or both. ., the Public Works Director may require the appli-
cation to be accompanied by the necessary plans, which These plans shall be prepared by a com-
petent engineer licensed by the California Department of Consumer Affairs. These plans shall be
reviewed by the Public Works Director or designee and the applicant shall pay the necessary fees
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in accordance with Chapter 2.24. The applicant shall bear all costs to prepare and process said
plans. (Ord. 47 § X.6, 2019; Ord. 45 § X.6, 2009)
2.36.070 Commencement and completion of work.
Every permittee shall commence work as stipulated in the permit application and diligently pursue
the work to completion without interruption within the time period specified in the permit. A permit
issued under this title chapter may be limited to a period of time as specified in the permit. (Ord. 47
§ X.7, 2019; Ord. 45 § X.7, 2009)
2.36.080 Requirements for performance of work.
A. The permittee shall perform the work in a timely manner, in accordance with applicable plans,
specifications and DistrictCMWD standards to the satisfaction of the Public Works Director.
B. No person shall cause any improvement or appurtenant work to be performed on any Dis-
trictCMWD right-of-way by any person other than a licensed contractor or a public utility.
C. All work shall be inspected by the District representative as follows:
1. No person shall prevent or obstruct the DistrictCMWD representative in making any in-
spection authorized by this title or in taking any sample or in conducting making any test.
2. Inspection requests must be made with 24-hour notice to the DistrictCMWD.
3. All work not in conformance with approved plans and specifications is subject to rejection
by the DistrictCMWD.
4. Request for final inspection shall be made in writing.
D. As the work progresses, the DistrictCMWD right-of-way shall be thoroughly cleaned of all rub-
bish, excess earth, rock and other debris resulting from such work. All construction and mainte-
nance work shall be done in a manner designed to leave the area clean of earth and debris
and in a condition as nearly as possible to that which existedexisting before such work began.
All cleanup operations at the location of such work shall be accomplished at the expense of the
permittee. Upon failure of the permittee to clean the area, the DistrictCMWD may proceed with
cleanup and removal of the material or obstruction in accordance with procedures identified in
Section 2.36.140 of this chapter. (Ord. 47 § X.8, 2019; Ord. 45 § X.8, 2009)
2.36.090 Acceptance of work.
The Public Works DirectorExecutive Manager or designee willshall issue a certificate of acceptance
if the Public Works Director determines the work has been completed according to the requirements
of this chapter and the permit. This determination e Public Works director may be reached this
determination by performing a survey, or by inspection, or by both methods. The certificate of ac-
ceptance willshall contain a statement of the location, nature, and extent of the work performed
under the permit. If the Public Works Director, by survey or by inspection or by both, determines that
the work has been completed according to the requirements of this title and the permit, he or she
shall issue a certificate of acceptance, which shall contain a statement of the location, nature, and
extent of the work performed under the permit. (Ord. 47 § X.9, 2019; Ord. 45 § X.9, 2009)
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2.36.100 Permit—Denial and revocation.
A. The DistrictCMWD may deny the issuance of a right-of-way permit to any person who refuses
or fails to comply with the provisions of this chapter, who is indebted to the DistrictCMWD for
past permit violations, or who, in the judgment of the Public Works Director, has repeatedly
violated permit procedures or failed to comply with conditions requiring protection of the public
health and safety.
B. The Public Works Director may deny the issuance of a right-of-way permit to any person who
refuses to execute an encroachment agreement as required by Section 2.36.050.
C. Any permittee found in violation of the conditions of their permittee’s the permittee’sir permit or
the provisions of this title chapter shall be given a written notice to comply, stipulating explaining
the violation and corrective actions required. Upon receipt of the notice to comply, the permittee
shall take action to correct the condition of violation within the period stipulated provided in the
notice. If, within that thate period, appropriate measures have not been implemented, the Dis-
trictCMWD may revoke the permit, pursue enforcement remedies under Carlsbad Municipal
Code Chapters 1.08 and 1.10, and, and take any measures required to secure the work site
or return the work site to its original condition. The DistrictCMWD may charge the permittee for
all costs of such corrective work may be collected from the permittee.
D. A revoked permit may be reinstated if the permittee demonstrates, to the satisfaction of the
Public Works Director, that work will be continued in conformance with the permit and the pro-
visions of this chapter.
E. The Public Works Director shall require, as a condition of the permit, reinstatement of payment
of all charges incurred by the DistrictCMWD as a result of permit revocation including any
$500.00 penalty penalties for violation of the provisions of this chapter as provided in Section
1.20.010. (Ord. 47 § X.10, 2019; Ord. 45 § X.10, 2009)
2.36.110 Appeal procedure.
A. Any person aggrieved by any decision of the Public Works Director with respect to the issu-
ance, revocation, or refusal to issue a right-of-way or encroachment permit may appeal to the
Board of Directors by filing a notice of appeal with the Secretary of the Board within 10 calendar
days after the date of mailing of the decision of the Public Works Director. Appeals shall be in
writing and shall state the basis for the appeal. Fees for filing an appeal shall be in an amount
established by resolution of the Board of Directors. The decision of the Board of Directors shall
be final.
B. Upon receipt of afiling a written appeal, the Secretary shall thereupon fix a time and place for
hearing such appeal. The sSecretarySs shall give notice to the appellant and applicant/permit-
tee of the time and place of hearing by serving the notice personally or by depositing it in the
United States Post Office postage prepaid, addressed to such persons at their last known ad-
dress unless otherwise requested in the notice of appeal.
C. The Board of Directors shall have the authority to determine all questions raised on such ap-
peal. (Ord. 47 § X.11, 2019; Ord. 45 § X.11, 2009)
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2.36.120 Encroachment and right-of-way application and permit fees.
Encroachment application and right-of-way permit fees shall be charged by the DistrictCMWD for
the processing of an encroachment application and the issuance of a right-of-way permit. The fees
shall be established by resolution of the Board of Directors for the DistrictCMWD, for the purpose of
defraying the cost of processing an application, issuing the requested permit, inspection of works
completed under the permit, and other costs of administrating this title. The fees shall be paid at the
time of application. (Ord. 47 § X.12, 2019; Ord. 45 § X.12, 2009)
2.36.130 Performance deposits.
A. As a condition of issuance of a right-of-way permit, the Public Works Director may require
posting of a cash deposit or an equivalent security in a form acceptable to the General Counsel.
The applicant shall post a security for 100% of the bond amount for performance and 50% of
the bond amount for labor and materials, totaling 150% of the bond amount. The cash deposit
may be used at the discretion of the Public Works Director to provide for restoration of Dis-
trictCMWD facilities or removal from the right-of-way of work, materials or equipment when
permittee or the permittee’s agent fails to act in a timely manner to provide for the public health,
safety, or welfare. The deposit shall otherwise be for the purpose of guaranteeing performance
of work contemplated under the permit.
B. The amount of the deposit shall be established by the Public Works Director.
C. Upon completion and acceptance of work under permit, any funds unused shall be refunded to
the applicant and any other bonds or security instruments shall be released.
D. If, in the opinion of the Public Works Director, any deposit or security is not sufficient for the
protection of the public interest in the public places, the Public Works Director may require an
additional deposit or an increase in the security in such amount as he or she determines nec-
essary. The permittee shall, upon demand, deposit the additional cash or security.
E. Upon failure or refusal to pay, the Public Works Director may revoke the permit and/or recover
the deficiency by appropriate action in any court of competent jurisdiction, and until such defi-
ciency is paid in full, no other permit shall be issued to such permittee. (Ord. 47 § X.13, 2019;
Ord. 45 § X.13, 2009)
2.36.140 Placement of materials or obstruction of DistrictCMWD right-of-way.
A. No person shall place or maintain any material or any obstruction or impediment to travel in or
upon any DistrictCMWD right-of-way or access to any CMWD facility or access to any Dis-
trictCMWD facility without a permit to do so.
B. Persons violating provisions of this Sections 2.36.080(D), 2.36.140(A),Section 2.36.080(D) or
2.36.150(A) shall be issued a notice of removal and given a specified time to remove such
material, obstruction or impediment. Any failure to comply with the notice is unlawful and a
public nuisance endangering the health, safety, and general welfare of the public. In addition
to any other remedy provided by law for the abatement of such public nuisance, the Public
Works Director may, after giving notice, cause the work necessary to accomplish the removal.
The costs thereof of removal may be assessed against the owner or owners of the project
creating the obstruction.
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C. Notice of removal shall be in writing and mailed to all persons whose names appear on the last
equalized assessment roll as owners of real property creating the obstruction at the address
shown on the assessment roll. Notice shall also be sent to any person known to the Public
Works Director to be responsible for the nuisance. The Public Works Director shall also cause
at least one copy of such notice to be posted in a conspicuous place on the premises. No
assessment shall be held invalid for failure to post or mail or correctly address any notice. The
notice shall particularly specify the work required to be done and shall state that if the work is
not commenced within 24 hours after receipt of such notice and diligently prosecuted (without
interruption) to completion, the DistrictCMWD shall cause such work to be done, in which case
the cost and expense of such work, including incidental expenses incurred by the Dis-
trictCMWD, will be assessed against the property or against each separate lot and become a
lien upon such property.
D. If upon the expiration of the 24-hour period provided for in subsection C of this section, the
work has not commenced or is not being performed with diligence, the Public Works Director
shall proceed to do such work or cause such work to be done. However, the DistrictCMWD
may proceed to remove the encroachment immediately and without notice to the owner if re-
moval of the encroachment is necessary to make emergency repairs to District CMWD facili-
ties.
E. Upon completion of such work, the Public Works Director shall file written report with the Board
of Directors setting forth the fact that the work has been completed and the cost there of the
workthereof, together with a legal description of the property against which cost is to be as-
sessed. The Board of Directors shall thereupon fix a time and place for hearing protest against
the assessment of the cost of such work. The Public Works Director or the Secretary of the
Board, if so directed by the Board, shall thereafter give notice in writing to the owners of the
project in the manner provided in subsection C of the hour and place that the Board of Directors
will pass upon the Public Works Director’s report and will hear protests against the assess-
ments. Such notice shall also set forth the amount of the proposed assessment.
F. Upon the date and hour set for the hearing of protests, the Board of Directors shall hear and
consider the Public Works Director’s report and all protests, if there are any, and then proceed
to confirm, modify, or reject the assessments.
G. A list of assessments as finally confirmed by the Board of Directors shall be sent to the City’s
of Carlsbad Finance Department for collection. If any assessment is not paid within 10 days
after its confirmation by the Board of Directors, the Ssecretary shall cause to be filed in the
office of the County Recorder a notice of lien, substantially in the following form:
NOTICE OF LIEN
Pursuant to Carlsbad Municipal Water District (Ordinance No. __ )Code, the Carlsbad Munici-
pal Water District did on the _____ day of _____, 20_, cause maintenance and reportrepair
work to be done on the _____ day of _______, 20__, in the DistrictCMWD right-of-way for the
purpose of abating a public nuisance caused by activities related to construction at the property
described below. The Board of Directors of the Carlsbad Municipal Water District did on the
_____ day of ____ 20_, by its Resolution No. ___ dated the _____ day of _______ 20__, did
assess the cost or portion of the cost thereof of the work upon the real property hereinafter
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described below, and the same has not been paid nor any part thereofin whole or part, and the
Carlsbad Municipal Water District does hereby claims a lien upon said real properly until the
same sum with interest thereon at the maximum rate allowed by law from the date of the re-
cordation of this instrument has been paid in full and discharged of record. The real property
herein before mentioned and upon which a lien is hereby claimed is that certain parcel of land
in the City of Carlsbad, County of San Diego, State of California, particularly described as fol-
lows:
(Description of property)
_____________________________________________
Dated this ___ day of _______, 20__
_____________________________________________
Secretary of the Board, Carlsbad Municipal Water District
H. From and after the date of recordationrecord at ion of such notice of lien, the amount of the
unpaid assessment shall be a lien on the property against which the assessment is made, and
such assessment shall bear interest at the maximum rate allowed by law until paid in full. The
lien shall continue until the amount of the assessment and all interest thereon on the assess-
ment has been paid. The lien shall be subordinate to tax liens and all fixed special assessment
items previously imposed upon the same property, but shall have priority over all contractual
liens and all fixed special assessment liens, which may thereaftersubsequently be created
against the property, to the maximum extent permissible by law.. From and after the date of
recordation of such notice of lien, all persons shall be deemed to have notice of the contents
thereofof the lien. (Ord. 47 § X.14, 2019; Ord. 45 § X.14, 2009)
2.36.150 Relocation of structures—Removal of encroachment.
A. The Public Works Director may require any permittee, who pursuant to a duly issued right-of-
way permit under this title, has performed construction work or placed and maintained any
encroachment, to remove or move the encroachment at the permittee’s own cost and expense
to such different location as is specified in a written demand of the Public Works Director,
whenever such move is necessary to ensure the safety and convenience of the public or the
operation, maintenance, reconstruction or replacement of DistrictCMWD facilities. facilitate
construction . The Public Works Director shall specify in the demand a reasonable time within
which the work of relocation must be commenced, and the permittee must commence such the
relocation within the time specified in the demand and thereafter diligently prosecute the same
to completion. If permittee fails to diligently remove the encroachment, the Public Works Direc-
tor may proceed under Section 2.36.140.
B. The DistrictCMWD shall have the right to relocate or remove any encroachment in response to
an emergency condition requiring immediate repair, without the notification of the permittee or
the owner of any encroachment into a DistrictCMWD right-of-way. (Ord. 47 § X.15, 2019; Ord.
45 § X.15, 2009)
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2.36.160 Holding District CMWD harmless—Insurance.
The applicant for a permit, as a condition to receiving a permit shall sign a statement agreeingthat
he agrees to indemnify, defend, and hold harmless the DistrictCMWD and each its officers and
employees thereof, from any liability or responsibility for death or injury to persons and loss or dam-
age to property happening or occurring as a result of the design or performance of any work under-
taken under any permit granted pursuant to the application. The applicant may be required to pro-
vide proof of liability insurance in an amount set by a resolution of the Board and may be requested
to name the DistrictCMWD as an additional insured under the insurance policy. The insurance shall
be provided by a company satisfactory to the City’s Risk Manager. Any deductible or self-insured
retention under the insurance policy shall be in an amount acceptable to the City’s Risk Manager.
(Ord. 47 § X.16, 2019; Ord. 45 § X.16, 2009)
2.36.170 DistrictCMWD not liable for damage to encroachment or encroachment area.
The DistrictCMWD shall not be liable for any damages whatsoever to the encroachment facilities or
encroachment area when the damages are related in any way to the District’s continued use of the
right-of-way, or are as a result of the District’sCMWD’s construction, use, repair, replacement or
relocation of any DistrictCMWD facilities within the right-of-way. (Ord. 47 § X.17, 2019; Ord. 45 §
X.17, 2009)
2.36.180 Exemptions.
The District, the District’s agents,CMWD and the City’s employees, acting in their official capacity,
are exempt from the requirements set forth in this title. (Ord. 47 § X.18, 2019; Ord. 45 § X.18, 2009)
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THROUGHOUT TITLE 2
Replace “CMWD” with “District” and “City of Carlsbad” with
“City”
Change is suggested for consistency with
Title 1.
Chapter 2.04 GENERAL REGULATIONS
AMEND Section 2.04.010 Definitions
Definitions for the following terms are being added or revised:
• “Backflow”
• “Backflow prevention assembly”
• “Backflow prevention assembly tester”
• “Cross-connection”
• “Cross-Connection Control Policy Handbook”
• “Double check valve backflow prevention assembly”
• “Double check detector backflow prevention assembly”
• “Extension”
• “Fire service”
• “Hazard assessment”
• “High hazard cross-connection”
• “Low hazard cross-connection”
• “Public water system”
• “Reduced pressure principle backflow prevention
assembly”
• “Reduced pressure principle detector prevention
assembly”
• “State Water Board”
• “Water authority”
• “Water Meter Permit”
Remove definitions for “Executive Manager,” and “General
Counsel.” and “Public Works Director”
Including these definitions provides additional clarity for the remaining sections in this chapter.
Removes the dDefinitions for Executive Manager and General Counsel are being removed because they are already defined in Title 1 and do not need to be redefined here. The Public Works Director is not referenced in this chapter and can be removed from the definitions section.
MOVE Section 2.04.020 Wasting water – Report to CMWD
Subsequent sections in this chapter are being renumbered.
The new section numbers will be used in this summary.
This section is moving to Section 2.04.140(G) so that all unlawful acts are together in one section.
NO SUBSTANTIVE CHANGES are proposed for the following Sections:
•2.04.020 Adoption of rules and regulations.
•2.0430.340 Failure to comply with rules andregulations or pay rates – Penalty
Minor revisions to wording to improve
clarity.
Exhibit 4
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• 2.04.040 Turning water or recycled water on and off from premises
• 2.04.050 Persons not to interfere with District water system
• 2.04.060 Entrance upon private property by employees of the District
• 2.04.070 Right of the District to enter premises, install meters and enforce collection of charges
AMEND Section 2.04.080 to read:
2.04.080 Interference with inspection—Stoppage of service—Notice required.
In case an authorized City employee or agent of the District is refused admittance to any premises supplied with water or recycled water by the District, or on being admitted is hindered or prevented from making such examination or inspection by any person or by the maintenance on such premises of an animal, or for any other reason, the Executive Manager may cause the service of water or recycled water to such premises to be discontinued, in accordance with Section 2.04.0340 and subject to additional enforcement as provided for in Carlsbad Municipal Code Chapters 1.08 and 1.10. (Ord. 47 § II.9, 2019; Ord. 45 § II.9, 2009)
Adds rReference to the enforcement
provisions contained in Carlsbad
Municipal Code Chapters 1.08 and 1.10 is
being added.
AMEND Section 2.04.090 to read:
2.04.090 Water or Recycled Water Service Shut-off Notice.
Any notice of stoppage of water or recycled water service shall be served pursuant to the service of notice requirements in Carlsbad Municipal Code Chapter 1.10.
Incorporatesing the service requirements
from Carlsbad Municipal Code Chapter
1.10 by reference to will simplify
enforcement procedures. Subsequent
changes to the Municipal Code will not
require amendment of the District Code.
NO SUBSTANTIVE CHANGES are recommended for Section:
• 2.04.100 Length of water or recycled water service stoppage
AMEND Section 2.04.110 to read:
2.04.110 Liability of the District to damage from break beyond meter.
The District will not be responsible for injuries or damages to buildings or their contents from any water leakage, damage, or earth movement originating from a break on the customer’s side of the meter connection. (Ord. 47 § II.12, 2019; Ord. 45 § II.12, 2009)
Minor revisions to wording to improve
clarity.
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NO SUBSTANTIVE CHANGES are recommended for Section:
• 2.04.120 Responsibility for damage resulting from shutting off water or recycled water.
ADD Section 2.04.130 to read:
2.04.130 Charges for replacement, repairs, or adjustment caused by customer.
Where the District incurs expenses for the replacement, repairs, or adjustments of any service connection or meter resulting from the act, negligence or carelessness of the
customer, the expenses shall be charged against and collected from the customer. If the customer fails to pay such charges, water may be shut off until such charges are paid.
(Ord. 47 § IV.4, 2019; Ord. 45 § IV.4, 2009)
This section was moved to Chapter 2.04
from Section 2.12.040 and reworded for
clarity.
AMEND Section 2.04.140 to read:
2.04.140 Unlawful use of water, recycled water, facilities and appurtenances.
It is unlawful for any person other than an authorized City
employee or agent of the District to:
A. Open any fire hydrant, corporation stop valve, gate valve, or angle meter stop valve; B. Interfere in any manner with any water service, water
connection, or any water meter attached to any service pipe connected to the water pipelines; C. Turn on or off water or recycled water pipelines of the
District; D. Tap, break, or injure any water or recycled water pipeline of the District, or any reservoir, pumping
station or pressure reducing station of the District; E. Tap any water or recycled water service pipe, or take or draw water from any water pipe or fire hydrant of the District without paying the established water rate for such service after having made written application and received permission for such service as provided by this Chapter; F. In anyway trespass upon the public property of the District or conduct any work within a District easement without written permission first being obtained from the District; or
G. Willfully or neglectfully wastewater in any manner whatsoever, and any person having knowledge of any
The unlawful acts identified in this section
were separated broken out into a lettered
list to make them more easily identifiable.
Section G was moved from previously
located in section 2.04.020.
No new unlawful acts were added and no
previously unlawful acts were removed
from the code.
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condition whereby water is being wasted shall notify
the District of such fact.
Ord 47 § II.14, 2019; Ord. 45 § II.14, 2009)
NO SUBSTANTIVE CHANGES are recommended for Section:
• 2.04.150 Bills for labor, materials.
AMEND Section 2.04.160 to read:
2.04.160 Settlement of disputes between customer and the District.
A. If a dispute arises between any water or recycled water
customer and the District concerning water or recycled
water service or the amount of a water or recycled water
bill to such customer, the dispute may be settled, subject
to the approval of the Board, or the delegated authority of
the Executive Manager or designee. The final decision
and settlement approval of the Board shall be recorded in
the minutes of the Board.
B. The provisions and procedures provided for in this section in no way affect the other provisions of this title and only apply to Chapter 2.04. (Ord. 47 § II.16, 2019; Ord. 45 § II.16, 2009)
Minor revisions to wording to improve
clarity and adds . Adds the Executive
Manager’s designee to the delegated
authority for settling disputes.
REPEAL Section 2.04.170 No mandatory duty.
AMEND Section 2.04.170 to read:
2.04.170 Claims rRequirements and pProcedures
A. No suit shall be brought against the District unless a claim
has first been presented in writing and filed with the
Secretary to the Board and acted upon by the District
following the procedures prescribed by Title 1, Division
3.6 of the California Government Code (commencing with
Section 900). As permitted by California Government
Code Section 935, the claim presentation and filing
requirement applies to claims excepted by Government
Code Section 905 and not governed by any other
expressly related statutes or regulations.
B. Subject to Government Code Sections 945.6 and 946, a
claim relating to a cause of action for death or for injury
to person, property or growing crops shall be presented
in the manner provided in Article 2 (commencing with
Requires claims not otherwise subject to
the Government Claims Act to be subject
to it and codifies the settlement authority.
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Section 915) of the California Government Code not later
than six months after the accrual of the cause of action.
A claim relating to any other cause of action shall be
presented in the same manner not later than one year
after the accrual of the cause of action. (Ord. 47 § II.18,
2019; Ord. 45 § II.18, 2009)
C. The functions of the District required to be performed in
considering and rejecting, approving, compromising or
settling claims provided for by this section are delegated
to the Executive Manager or a designee, subject to
concurrence by the General Counsel or designee,
provided the amount of any allowed, compromised or
settled claim does not exceed $25,000 for claims related
to water service and $10,000 for all other claims, or such
other amounts established by resolution of the Board.
ADD Section 2.04.180 to read:
2.04.180 Service charges to be a lien against property of consumer.
Subject to the District’s Residential Water Service Shutoff Protection Policy for Nonpayment of Charges and in addition to any other remedy provided for in this chapter for the enforcement and collection of any water and recycled water rates, charge, fee or account, all rates provided for in this title
shall be charged against the property on which it is furnished, and against the property owner, and shall be a lien against the premises to which any water or recycled water may be
supplied, and a charge against the property owner and the property occupant using the water. If for any cause any sums owing become delinquent, the water or recycled water shall be
shut off and in no case shall it be turned on to the same property until all such delinquencies have been paid in full. Such property owner and occupant shall be severally responsible to the District in an action brought by the District in any Court of competent jurisdiction for the amount of all such money as may be due and unpaid, together with all applicable penalties and costs. No change of ownership or occupation shall affect the application of this chapter. This section shall not apply to nonpermanent water service connections. (Ord. 47 § III.10, 2019; Ord. 45 § III.10, 2009)
This section was moved from Chapter 2.08
to Chapter 2.04. Other than its location in
the code, no substantive changes were
made to this section.
Chapter 2.08 – RETAIL AND RECYCLED WATER RATES AND COLLECTION
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NO SUBSTANTIVE CHANGES are recommended for
sections:
• 2.08.010 New account fee.
• 2.08.020 Continuity of service fee (landlords only).
• 2.08.030 Delivery charge.
AMEND Section 2.08.040 to read:
2.08.040 Delivery charge for residential automatic fire
extinguishing system.
When a water meter for a residential unit is required to provide
standby capacity for an automatic fire extinguishing system,
the delivery charge will be determined according to this
section. In cases where a meter that restricts the capacity of
the connection and measures total water consumption is
installed, the delivery charge will be based on the meter size.
For fire extinguishing systems with a meter that is in place only
to inform the District when water is drawn through the service
line, and does not restrict water flow, the charge will be based
on the service line size. The delivery charge to provide water
for an automatic fire extinguishing system is required when:
(a) the automatic fire extinguishing system is required by law,
including any requirement imposed as a condition of
development, permit, or occupancy; and (b) the Fire Chief, Fire
Marshal, or Building Official of the City has provided a written
statement verifying the requirement for additional meter size.
The determination under this section shall be made at the time
the meter is first obtained or at the time a meter is replaced
with one of greater size because of the later installation of the
automatic fire extinguishing system. (Ord. 47 § III.4, 2019;
Ord. 45 § III.4, 2009)
When a water meter for a residential unit is required to provide
standby capacity for an automatic fire extinguishing system,
the delivery charge will be determined according to this
section. The size of the meter serves as the basis of the
charge. In cases where a meter that restricts the capacity of
the connection and measures total water consumption is
installed, the charges will be based on the meter size. For fire
extinguishing systems with a meter that is in place only to
inform the District when water is drawn through the pipe, and
does not restrict water flows, the charge will be based on the
service line size. The delivery charge to provide water for an
Clarifies how the delivery charge will be determined for residential automatic fire extinguishing systems. The meter size serves as the basis for the charge.
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automatic fire extinguishing system is required when: (a) the
automatic fire extinguishing system is required by law,
including any requirement imposed as a condition of
development, permit, or occupancy; and (b) the Fire Chief, Fire
Marshal, or Building Official of the City has provided a written
statement verifying the requirement for additional meter size.
The determination under this section shall be made at the time
the meter is first obtained, or at the time a meter is replaced
with one of greater size because of the later installation of the
automatic fire extinguishing system. (Ord. 47 § III.4, 2019;
Ord. 45 § III.4, 2009)
NO SUBSTANTIVE CHANGES are recommended for the
remaining sections in this Chapter:
• 2.08.050 Delivery charge – Proration.
• 2.08.060 Delivery charge where house becomes
vacant – Request for discontinuance of service.
• 2.08.070 Rate structure.
• 2.08.080 Water rates, charges, and fees to be
established by resolution.
• 2.08.090 Meter readings and billings.
• 2.08.100 Service charges to be a lien against
property of consumer.
• 2.08.110 Shutting off water on supply side of meter.
• 2.08.120 Adjustment of bills for meter error.
Chapter 2.12 – METERS, SERVICE CONNECTIONS, CONNECTION FEES AND PAYMENT
ADD Section 2.12.010 to read:
2.12.010 Application of this cChapter to potable and
recycled water
All processes and procedures described in this chapter shall
apply to both potable and recycled water, unless otherwise
specified.
Subsequent sections in this chapter are being renumbered.
The new section numbers will be used in this summary.
Clarifies that the chapter will apply to both potable and recycled water.
AMEND Section 2.12.020 to read:
2.12.020 Water meter permit.
A. It is unlawful for any person to connect to or draw water
from the District’s water or recycled water system without
first obtaining a Water Meter Permit. The District’s
Minor revisions to wording to improve clarity.
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Executive Manager or designee may authorize
connection of a new structure to the water system. This
authorization may be concurrent with the issuance of a
valid building permit for a new structure if the applicant
has filed the proper application and paid the required
fees. Every Water Meter Permit issued shall be returned
if the building permit for the structure to which the
connection is being made expires or otherwise becomes
null and void..
B. Every water meter permit issued pursuant to this section
shall expire by limitation and become null and void if work
on the connection authorized by such permit is not
completed within 180 days from the date of issuance of
such permit. Reasonable extensions may be granted by
the Executive Manager or designee in writing. (Ord. 47 §
IV.7, 2019; Ord. 45 § IV.7, 2009)
C. If a water meter permit has expired, then before the
connection for such structure can be made, a new water
meter permit shall be obtained at the fee in effect at the
time of reapplication. Water meter permits for the
connection of an existing structure to the water system
may be issued by the Executive Manager or designee at
any time upon proper application.
AMEND Section 2.12.030 to read:
2.12.030 Water and recycled water connection fee.
A. An applicant for installation of a service connection shall
pay a water connection fee and, at locations where
recycled water is to be used, a recycled water connection
fee in the amount as set from time to time by a resolution
of the Board. The recycled water connection fee shall be
equal to the water connection fee for the same size meter;
however, a recycled water connection is not required to
pay the Water Authority system capacity charge. When a
water meter for a residential unit is required to provide
standby capacity for an automatic fire extinguishing
system, the water connection fee will be determined
according to the size of the meter necessary to meet the
water use requirements of the customer, as determined
according to the rules of the District, without
consideration of additional size necessary to provide the
delivery of water for the automated fire extinguishing
system. The water connection fee and recycled water
Distinguishes between District connection fees and Water Authority capacity charges.
Clarifies the requirement for passing cross-connection test results prior to
installation of recycled water meters.
Increases the time requirement for installation of meters, and subject to
meter availability.
Eliminates the credit for connection fees for a meter exchange to a smaller meter.
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connection fee shall be adjusted annually by a resolution
of the Board by the percentage change in the Engineering
News Record Construction Cost Index, Los Angeles with
the base index in effect in December 2003, or subsequent
resolution of the Board.
B. For all residential units, and unless exempted by law, the
water connection fee shall be paid at the time of issuance
of a building permit for the property. For commercial and
industrial development projects, the water connection fee
shall be paid at the time of application for a Water Meter
Permit. The recycled water connection fee shall be paid
after the recycled water irrigation system, or other
recycled water use system, has been tested by the
District’s cross-connection control specialist and
achieved passing results and recycled water can be
supplied. The District shall install water or recycled water
meters within 72 hours of payment of the connection fee,
subject to availability of meters.
C. A credit on a water or recycled water connection fee will
be made for the exchange of an existing water or recycled
meter for a new meter of larger size. The credit shall apply
only to the water or recycled water connection fee. The
credit amount shall be based on the connection fee
amount in effect at the time the exchange is made. No
credit shall be applied for an exchange for a smaller
meter. (Ord. 47 § IV.8, 2019; Ord. 45 § IV.8, 2009)
AMEND Section 2.12.040 to read:
2.12.040 Meter installation charges.
Applicants for installation of water meters shall pay installation
charges as set from time to time by the Board and reflected in
the City’s Master Fee Schedule. In the event a customer has
an installed meter and wishes to relocate the meter or
exchange the meter for a smaller or larger meter, the customer
shall pay the meter installation fee applicable to the relocated
meter or the new meter in effect at the time of the exchange.
(Ord. 47 § IV.14, 2019; Ord. 45 § IV.14, 2009)
The revision removes the reference to rebate of charges and clarifies the requirement for meter installation fees for meter relocation or exchange. The credit for a previously paid connection fee due
to a meter exchange is discussed in Section 2.12.030.
AMEND Section 2.12.050 to read:
2.12.050 Standards for service connections and meters.
A. All service connections shall be located in public right-of-
way or easements and shall conform to District standard
specifications and standard drawings in effect at the time
Combines prior numbered Sections
2.12.010 and 2.12.020 relating to standards for meter installations and retitles the section.
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the connection is installed and all such connections must
be inspected and approved by the Public Works Director
or designated representative before water is admitted
through meters. (Ord. 47 § IV.1, 2019; Ord. 45 § IV.1,
2009)
B. All water and recycled water meters shall be new or
certified for accuracy to meet standards of the American
Water Works Association through testing performed or
approved by the District before being installed. (Ord. 47 §
IV.2, 2019; Ord. 45 § IV.2, 2009)
AMEND Section 2.12.060 to read:
2.12.060 Service connection and meter ownership.
The Water Meter Permit shall note the permit issue date for all
service connections. Upon the date of initial acceptance of the
service connection, the service connection will become the
property of the District and its responsibility to maintain. The
meter is the property of the District and its responsibility to
maintain. (Ord. 47 § IV.3, 2019; Ord. 45 § IV.3, 2009)
Clarifies when a service connection becomes District property and the responsibility of the District to maintain.
NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.12.070 Minimum water meter size for buildings.
AMEND Section 2.12.080 to read:
2.12.080 Maximum water meter size.
No water meter larger than a 2-inch meter shall be installed on
any lot, or to any customer, except upon approval and consent
of the Executive Manager or designee. (Ord. 47 § IV.11, 2019;
Ord. 45 § IV.11, 2009)
Replaces the Public Works Director with the Executive Manager or designee.
AMEND Section 2.12.090 to read:
2.12.090 Irrigation water meters.
A. A meter and service connection used for landscape
irrigation exclusively shall be installed in accordance with
District standard specifications and drawings in effect at
the time the connection is made. The size of the irrigation
water meter(s) and service connection(s) shall be
determined by the landscape architect as approved by
the District based on the flow demand in gallons per
minute (gpm) for the area to be irrigated. The minimum
size meter(s) shall be capable of supplying the peak
irrigation water demand determined.
Distinguishes between District connection
fees and the Water Authority capacity charges.
Clarifies the conditions for which a refund
of Water Authority capacity charges will apply and the time requirement for submittal of the refund request.
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B. At locations where water is used for irrigation and in
addition to account, service, and installation fees, the
connection fees and charges shall be based on the
District connection fee and the Water Authority capacity
charges applicable to the meter size. If recycled water is
used, then only the District connection fee shall apply. If
a water meter is converted to recycled water use, the San
Diego County Water Authority will refund the capacity
charges previously collected for the meter. The customer
must prepare and submit the San Diego County Water
Authority “Capacity Charge Refund Request” form to the
District for verification to request the refund. The refund
request must be submitted to the Water Authority within
180 days of connection to the recycled water system.
(Ord. 47 § IV.10, 2019; Ord. 45 § IV.10, 2009)
AMEND Section 2.12.100 to read:
2.12.100 Construction meters.
A. Water or recycled water used for construction shall be
metered. Recycled water shall be used when it is
available. A construction meter is obtained by applying for
a Water Meter Permit. The District may connect a
construction meter to any fire hydrant, or a service
connection if approved by the District, upon proper
application. The cost for a construction meter shall be
comprised of a deposit fee, installation fee, and
consumption charge. The deposit fee will be refunded
after the meter is returned in good working order,
complete with fittings, and all bills pertaining to the meter
are paid. The meter will be installed and removed by
authorized District employees. Any damage caused to
the meter by the negligence or carelessness of any
person to whom a meter is loaned must be paid on
demand. Water delivered through a construction meter
will be charged at the commercial water rate, including
delivery charges. An additional fee will be charged upon
each request to have a construction meter relocated.
Construction meters installed on a potable water supply
shall have an approved backflow prevention device.
B. The use of “jumpers” in place of a meter shall not be
allowed on a temporary basis to test water pressure in the
plumbing of a new building, residence, or other purpose.
(Ord. 47 § IV.12, 2019; Ord. 45 § IV.12, 2009)
Adds that construction meters can be connected to a service connection when so approved, and that all construction meters installed on a potable supply require backflow protection.
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NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.12.110 Fire protection meters.
• 2.12.120 Repairs by the District.
• 2.12.130 Transportation of water across property
line.
AMEND Section 2.12.140 to read:
2.12.140 Connection—Liability for damage.
A. Liability for Damage. When any person connecting a
water service pipe to the property side of a meter uses
water for testing the pipes, that person must leave the
service box in as good condition as found and shall leave
the water shut off if found shut off, and shall in writing
notify the District or City at the time the connection is
made. Any damage caused by the negligence or
carelessness of any person to any part of the meter box
or connection, must be paid in accordance with Section
2.04.130.
B. Liability of Customer for Damages to Meter. After the
water or recycled water meter is connected to the service
connection, any damage to the meter resulting from an
intentional act, carelessness or negligence of the
customer, or anyone employed by the customer, and any
damage which may result from hot water or steam from a
boiler, or otherwise, shall be paid in accordance with
Section 2.04.130. (Ord. 47 §§ IV.17, 18, 2019; Ord. 45 §§
IV.17, 18, 2009)
Revised to remove redundant language and to update a renumbered code section.
Incorporates prior numbered Section 2.12.040.
AMEND Section 2.12.150 to read:
2.12.150 Examination of meters at customer’s request.
A. Examination Request. Any customer may request that
the meter through which water or recycled water is being
delivered be examined and tested by the District or a
representative of the District for the purpose of
determining whether the meter correctly registers the
amount of water delivered through it. Upon receipt of such
a request, the Executive Manager will cause the meter to
be examined and tested for the purpose of determining
whether it is registering correctly the water or recycled
water being delivered through it.
Removes the deposit requirement for a
customer request to examine a meter.
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B. Replacement of Defective Meter. The District shall
provide a new meter to a customer if (1) an examination
and test reveals that a customer’s meter registers one
percentage of more or less than the amount that actually
passes through it and (2) the amount that actually passes
through the meter exceeds the tolerances for such meter
as established by the American Water Works Association
standards. (Ord. 47 §§ IV.5, 6, 2019; Ord. 45 §§ IV.5, 6,
2009)
NO SUBSTANTIVE CHANGES are recommended for Section:
2.12.160 Cutting off or interfering with meter.
REMOVE Section 2.12.040 Charges for replacement,
repairs, or adjustment caused by negligence of customer. Moved to Section 2.04.1430.
CHAPTER 2.16 CONNECTIONS AND INSTALLATION OF SERVICE
AMEND Section 2.16.010 to read:
2.16.010 Shut off valve.
A. For District. An angle meter stop valve shall be installed
on the immediate upstream side of the meter which shall
be paid for by the customer per the fee established by the
Board. The angle meter stop valve shall be the property
of the District and the District shall have exclusive use
and control of the angle meter stop valve.
B. For Customer. Water customers shall be provided with a
ball valve to be connected to the meter immediately
downstream of the meter for the customer’s own
protection. The ball valve described in this subsection
shall be installed at the customer’s own expense and
must be accessible to District employees. (Ord. 47 §§
V.1, 2, 2019; Ord. 45 §§ V.1, 2, 2009)
Minor revisions to wording to improve
clarity. Changed the ball valve downstream of the meter to be provided by the District rather than by the customer.
AMEND Section 2.16.020 to read:
2.16.020 Distance of sewer, gas, or other service pipe from
water service.
No sewer pipe, gas pipe or any other service pipe shall be
installed or maintained nearer than 10 feet parallel to any
service connection, water pipeline or District meter without
obtaining prior approval from the District. Under no
circumstance shall a sewer pipe or gas pipe or any other
Updated for the minimum distance to be five feet instead of two feet to protect the
water distribution system.
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service pipe be installed closer than five 55 feet clear from the
service connection, water pipeline or meter. (Ord. 47 § V.3,
2019; Ord. 45 § V.3, 2009)
NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.16.030 Repairs to water pipelines, meters, and
service connections.
• 2.16.040 Shutting off water or recycled water for
repairs.
AMEND Section 2.16.050 to read
2.16.050 Steam boilers, hydraulic elevators, power
pumps, and similar apparatus.
It is unlawful for any person to draw water from any water
pipeline or service connection of the District, directly into any
stationary steam boiler, hydraulic elevator, power pump, or
similar apparatus. If a customer desires water from the District
to be used in any stationary steam boiler, hydraulic elevator,
power pump, or similar apparatus, the customer must first
apply in writing to the District for permission. If granted by the
Executive Manager or designee, the customer must provide a
tank or reservoir of the capacity as required by any Code of
the District. No tank or reservoir shall be installed or used
unless and until the plans and specifications have been
examined and approved in writing by the Public Works Director
or designee. (Ord. 47 § V.6, 2019; Ord. 45 § V.6, 2009)
Moves authority to approve applications
for the use of a stationary steam boiler, hydraulic elevator, power pump, or similar apparatus from the Board to the
Executive Manager or designee.
NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.16.060 Right-of-way application for service—
Form.
• 2.16.070 Connection to water pipelines upon
compliance.
• 2.16.080 Multiple service connections and meters
and multi-ownership building.
• 2.16.090 Discontinuance of service upon written
notice.
• 2.16.100 Turning on of water or recycled water.
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AMEND Section 2.16.110 to read:
2.16.110 Temporary uUse of water by construction
workers—Water meter permit.
A. Any person or contractor who wishes to use water in
construction work where connections must be made,
other than through a meter, shall file a written application
for such connection with the City’s Land Development
Engineering Department. No person or contractor may
connect to any water pipeline, fire hydrant, or otherwise
use water from these sources without a written permit for
such use issued by the Land Development Engineering
Department. Before issuing such permit, the applicant for
such connection shall deposit with the Land
Development Engineering Department an amount
sufficient to cover the estimated cost of the temporary
construction water meter. meter.
B. If the deposit is later determined to be insufficient to cover
the any actual cost to replace the meters, the applicant
must pay any outstanding balance upon the applicant’s
return of the meter to the District.
(Ord. 47 § V.12, 2019; Ord. 45 § V.12, 2009)
Created a subsection to separate the
routine procedure from circumstances where the deposit is insufficient.
NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.16.120 Supplying to other than occupant of
premises
• 2.16.130 Customer to accept service conditions.
REPEAL Sections:
• 2.16.140 Violations.
• 2.16.150 Severability.
Removed because these items are
addressed in Title 1.
CHAPTER 2.20 EXTENSION OF PIPELINES AND OTHER FACILITIES
NO SUBSTANTIVE CHANGES are recommended for
Section:
• 2.20.010 Excess capacity.
AMEND Section 2.20.020 to read:
2.20.020 Application.
A. Generally. Any person may apply to the Executive
Manager or designee for the installation of water
This section was reworded and reformatted for clarity. The items required
for the reimbursement agreement in
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pipelines and fire hydrants and other appurtenant
facilities to be constructed in public streets, alleys or
private property. However, nothing in this section shall be
construed to modify any provision of subsection B, which
requires the subdivider to make and pay for certain
improvements within a subdivision.
B. Contents. Applicants wishing to extend a water or
recycled water pipeline or construct a water or recycled
water pipeline of excess capacity shall execute a
reimbursement agreement with the District. Such
reimbursement agreement must, among other things, set
forth:
1. a statement describing the facility that the applicant
wishes to construct or have constructed;
2. a map that accurately depicts the proposed route
and size of such facility;
3. the estimated cost of construction of such facility;
4. a payment schedule;
5. auditing procedures;
6. complete specifications regarding the type of pipe
and other appurtenances which the applicant desires to
construct or have constructed; and
7. all additional information requested by the Executive
Manager of the District.
No water or recycled water facility shall be constructed if the
applicant does not comply with the standard plans and
specifications of the District. (Ord. 47 §§ VI.2, 3, 2019; Ord.
45 §§ VI.2, 3, 2009)
paragraph B were changed to a
numbered list for clarity.
AMEND Section 2.20.030 to read:
2.20.030 Pipeline sSize of water pipeline extension.
A. All water pipeline extensions will be installed in sizes best
suited to the requirements and full development of the
District water system as determined by the General
Manager. In no event will a water pipeline or recycled
water pipeline extension be less than 8 inches in
diameter.
B. No property shall be connected to a District water or
recycled water pipeline which is of inadequate size to
meet the requirements and full development of the
The authority for determining the size of a water pipeline extension was moved from the Public Works Director to the General Manager.
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District water system as determined by the General
Manager. (Ord. 47 § VI.4, 2019; Ord. 45 § VI.4, 2009)
AMEND Section 2.20.040 to read:
2.20.040 Determination of adequacy of size and necessity
by General Manager — Contract between applicant and
District — Reimbursement of applicant for additional cost.
The General Manager shall determine if the size of an existing
or proposed pipeline or other facility is adequate to serve the
water or recycled water demands of the intended property use
or development. Further, the General Manager shall
determine if there is other property within the District not being
served and which could be served by an existing or proposed
water or recycled water pipeline or facility, and the
requirements for full development of the District’s water or
recycled water system. If the General Manager finds it
necessary that a water or recycled water pipeline or facility
should be constructed with excess capacity so that other
property in the District may be supplied with water or recycled
water, then the Executive Manager shall recommend to the
Board that a reimbursement agreement be entered into
between the applicant and the District providing for the
construction of the water or recycled water pipeline or facility
with excess capacity and establishing a reimbursement
procedure and schedule for the additional costs to be incurred
for the excess capacity. (Ord. 47 § VI.5, 2019; Ord. 45 § VI.5,
2009)
The General Manager shall determine if the size of such
proposed water pipeline is adequate to serve the intended use
of applicant; further, the General Manager shall determine if
there is other property within the District not being served with
water or recycled water which could be served by the
proposed water or recycled water pipeline, and if it appears to
the General Manager that it is necessary that the proposed
water or recycled water pipeline and appurtenant facilities
should be constructed to a greater capacity than the
immediate needs of the applicant so that other property in the
District may be supplied with water or recycled water through
the pipeline, then the Executive Manager shall recommend to
the Board that a reimbursement agreement be entered into
between applicant and the District providing for the
construction of the water or recycled water pipeline with
excess capacity and establishing a reimbursement procedure
The authority for determining the size of a proposed water pipeline or facility was changed moved from the Public Works Director to the General Manager.
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and schedule for the additional costs incurred by building the
water or recycled water pipeline with excess capacity. (Ord. 47
§ VI.5, 2019; Ord. 45 § VI.5, 2009)
AMEND Section 2.20.050 to read:
2.20.050 Determination of materials to be used and of
additional cost of facilitiespipelines.
The materials for water pipelines and other facilities shall be
determined by the General Manager, who shall give due
regard to the potential development in the territory that can
reasonably be served by District facilities. The General
Manager shall approve the costs for construction of pipeline
extensions and/or excess capacity as provided in this chapter,
if any, over and above the cost of a standard size pipeline or
other facility sufficient to serve the applicant’s proposed use or
development. (Ord. 47 § VI.6, 2019; Ord. 45 § VI.6, 2009)
The quality of the materials of the water pipeline, hydrants, and
other facilities shall be determined by the General Manager,
who shall give due regard to the potential water service
development in the territory that can reasonably be served by
the extended water pipeline. The General Manager shall
determine the amount of money necessary to cover the cost
of construction of the water pipeline and shall determine the
excess cost as provided in this chapter, if any, over and above
the cost of a standard size water pipeline facility sufficient to
serve the applicant’s immediate need and use. (Ord. 47 § VI.6,
2019; Ord. 45 § VI.6, 2009)
The authority to determine the materials to be used and the additional costs of pipelines was moved from the Public Works Director to the General Manager.
AMEND Section 2.20.060 to read:
2.20.060 Payment of proportionate cost of water or
recycled water pipeline prior to connection.
The District shall only accept, process, or approve applications
for water or recycled water pipelines once the applicant has
paid the District its proportionate share of the cost of the water
or recycled water pipeline according to the terms, schedules,
and conditions set forth in this chapter.
The District shall not accept, process, or approve an
application for a connection to a water or recycled water
pipeline if:
Minor revisions to wording to improve
clarity. Added payment of a connection fee as a condition precedent to the approval of an application to connect to a pipeline.
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1. The pipeline has been installed in any manner other
than by public improvement proceedings for which an
assessment has been levied or a connection fee
established by the Board, and
2. Neither the applicant, nor the applicant’s predecessor
in interest, has paid the proportionate share of the cost
of the water or recycled water pipeline for the property
served.
(Ord. 47 § VI.7, 2019; Ord. 45 § VI.7, 2009)
AMEND Section 2.20.070 to read:
2.20.070 Reimbursement agreement.
A. Cost Determination for Reimbursement Agreement. In
determining pipeline extension and/or excess capacity
costs for a reimbursement agreement, the costs
considered shall include the actual construction cost and
necessary right-of-way or easement acquisition,
environmental and engineering services, construction
management, inspection, and directly related incidental
costs. The Executive Manager or designee shall make
the final determination of the pro rata cost share of the
pipeline extension and/or excess capacity. In all cases,
the minimum pipe size for a distribution system pipeline
shall be 8 inches or the diameter required to deliver the
water or recycled water demands for the proposed use or
development in accordance with District standards,
whichever is greater. The cost of excess capacity shall be
determined as the difference in cost between the
minimum pipe size or facility cost required to serve the
proposed use or development and the recommended
size to meet District system requirements.
B. Easements to be Provided—Title Insurance Policy. If a
reimbursement agreement is entered into between
applicant and the District, applicant shall grant
easements to the District in the event the water or
recycled water pipeline or facilities lie outside of District
property or easements or public right-of-way, and shall
provide a Title Insurance Policy showing that grantor has
the valid title to grant such an easement. Such easement
shall be subject to the approval of the General Counsel
for the District for legal adequacy and shall be subject to
Revises the Adds a maximum time limit for the right to reimbursement of up to 7 years per the reimbursement agreement. Establishes Removes the need for the District Board to approve the Executive
Manager’s authority to determine the applicant’s pro rata cost share of a recommendation for the District to
construct water or recycled water pipeline extensions in those cases when an applicant desires the District to construct
the pipeline extension or excess capacity constructed as part of a reimbursement agreement.
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the approval of the Public Works Director and Executive
Manager in all other respects.
C. Construction Costs to be Deposited. If applicant desires
that the water or recycled water pipeline extension and/or
excess capacity and related facilities be constructed by
the District, and the Executive Manager recommends that
the District construct such facilities, the applicant shall
deposit with the District the sum of money the Executive
Manager determines necessary to construct such
improvements identified in the reimbursement
agreement.
D. Source of Reimbursement. The District shall reimburse
the applicant only from either the water or recycled water
connection fee fund or the water or recycled water
replacement fund, subject to availability of funds, and the
District’s responsibility shall be no greater than as set
forth in this title.
E. Authority and Period for Reimbursement of Improvement.
The Executive Manager is empowered to prepare a
reimbursement agreement to be entered into by the
District and the applicant who constructs water or
recycled water pipeline extensions or excess capacity.
Such agreement shall provide that the District will
reimburse the additional costs for water or recycled water
pipeline extensions or excess capacity. The agreement
shall be limited to a seven-year period from and after the
date of signing or five years after the pipeline or facility
has been accepted by the District. Any right to
reimbursement shall expire in accordance with the time
specified in the reimbursement agreement. Payment
shall only be made to the applicant, or designee, at the
address filed with the District by the applicant for that
purpose. No interest shall accrue to applicant pursuant to
this section, or under any contract entered into pursuant
to this section. The District shall not be liable to the
subdivider for such moneys if the collection of the charge
is prevented by judgment or order of court, or if such
moneys are not collected due to inadvertence or neglect
of the officers or employees of the District or City of
Carlsbad. In no event shall the District be liable or in any
way responsible for failure to collect such connecting
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fees, or for failure to pay any money to applicant. (Ord.
47 §§ VI.8—10, 13, 2019; Ord. 45 §§ VI.8—10, 13, 2009)
A. Method of Determining Excess Cost for Reimbursement
Agreement. In determining excess cost for a
reimbursement agreement, the actual cost of
construction, including necessary easement acquisitions,
engineering, construction management, inspection, and
directly related incidental costs. The Executive Manager,
or designee, shall make the final decision, in determining
the pro rata cost share of the excess capacity. In all cases
the minimum pipeline size for any property shall be at
least 8 inches in diameter, and excess capacity shall be
considered the difference in cost between the minimum
pipe size or facility cost required for the property and the
recommended size to meet District system requirements.
Any right to reimbursement, shall expire in accordance
with the time specified in the reimbursement agreement.
The. The time period in the reimbursement agreement
shall not exceed a period of 77 years as prescribed in
subsection (D) or 55 years after the pipeline or facility has
been accepted by the District. However, payment shall
only be made to the applicant, or designee, at the address
filed with the District by the applicant for that purpose. No
interest shall accrue to applicant pursuant to this section,
or under any contract entered into pursuant toto this
section. In no event shall the District be liable or in any
way responsible for failure to collect such connecting
fees, or for failure to pay any money to applicant.
B. Easements to be Provided—Title Insurance Policy. If a
reimbursement agreement is entered into between
applicant and the District, applicant shall provide
easements in the event the water or recycled water
pipeline or facilities lie outside public property or right-of-
way, and shall provide a Title Insurance Policy showing
that grantor has the valid title to grant such an easement.
Such easement shall be subject to the approval of the
General Counsel for the District for legal adequacy and
shall be subject to the approval of the Public Works
Director and Executive Manager in all other respects.
Construction Costs to be Deposited. If applicant desires
that the water or recycled water pipeline be extended or
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the water or recycled water pipeline and facilities be
constructed by the District and the Executive Manager
recommends that the District construct such facilities,
then, applicant shall deposit with the District the sum of
money the Executive Manager determines necessary to
construct the improvements identified in the
reimbursement agreement.
C. Source of Reimbursement. The District shall reimburse
the applicant only from either the water or recycled water
connection fee fund or the water or recycled water
replacement fund, subject to availability of funds, and the
District’s responsibility shall be no greater than as set
forth in this title.
D. Reimbursement Agreement for Repayment of Off-Site
Improvement. The Executive Manager is empowered to
prepare a reimbursement agreement to be entered into by
the District and the person who constructs off-site water
or recycled water pipeline extensions. Such agreement
shall provide that the District will refund to the persons
who paid for the cost of the water or recycled water
pipeline extension the actual cost of construction,
including necessary easement acquisitions, engineering,
construction management, inspection, and directly related
incidental costs. The agreement shall be limited to a 77-
year period from and after the date of signing. The District
shall not be liable to the subdivider for such moneys if the
collection of the charge is prevented by judgment or order
of court, or if such moneys are not collected due to
inadvertence or neglect of the officers or employees of the
District or City of Carlsbad. (Ord. 47 §§ VI.8—10, 13,
2019; Ord. 45 §§ VI.8—10, 13, 2009)
AMEND Section 2.20.080 to read:
2.20.080 Improvements constructed under the
Improvement Act of 1911— District’s participation.
If any of the improvements qualify for reimbursement under
this chapter and are constructed through a 1911 Act of
Improvement District as defined in the Improvement Act of
1911, Division 7 of the California Streets and Highways Code,
the District will pay the owner or owners of the assessed
property the sums it would otherwise pay to an individual
applicant under the terms of this chapter. The payments will
be made at the times mentioned in this chapter to the property
Minor revisions to wording to improve clarity.
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owner or owners at the time the payment is made. (Ord. 47 §
VI.11, 2019; Ord. 45 § VI.11, 2009)
AMEND Section 2.20.090 to read:
2.20.090 Payments—Time limit for recovery.
Any funds mailed to applicant or designee which are returned,
or where the check, voucher, or other payment remains
uncashed after expiration of the applicable retention period,
shall revert to the District’s water connection fee fund or water
replacement fee fund as appropriate, and shall not be
recoverable by applicant. (Ord. 47 § VI.12, 2019; Ord. 45 §
VI.12, 2009)
Changed to read that uncashed checks will revert to the District after the applicable retention period instead of after one year.
AMEND Section 2.20.100 to read:
2.20.100 Water or recycled pipeline extensions.
A. Within Subdivisions.
1. Subdividers shall install water or recycled water
pipelines to all property within the subdivision. When
the water or recycled water pipelines are
constructed by the subdivider, then no
reimbursement agreement shall be available to the
subdivider for any portion of the water or recycled
water pipeline constructed within the limits of the
subdivision or in streets that are immediately
adjacent to the external limits of the subdivision with
the following exception:
When a subdivider is required to install a water or
recycled water pipeline extension in excess of their
requirements for continuity and full development of
the District water system, as determined by the
General Manager, then the District will pay the
additional costs required to construct the water or
recycled water pipeline in excess of 8 inches in
diameter or in excess of the diameter required to
serve the subdivision, whichever is
larger.Subdividers shall install water or recycled
water pipelines to all property within the subdivision.
When the water or recycled water pipelines are
constructed by the subdivider, then no refund
agreement shall be available to the subdivider for
any portion of the water or recycled water pipeline
constructed within the limits of the subdivision or in
Minor revisions to wording to improve
clarity.
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streets that are immediately adjacent to the external
limits of the subdivision with the following exception:
When a subdivider is required to install a water or
recycled water pipeline extension in excess of their
requirements for continuity and full development of
the District water system, as determined by the
General Manager, then the District will contribute for
the additional costs required to construct the water
or recycled water pipeline in excess of 8 inches in
diameter or in excess of the diameter required to
serve the subdivision, whichever is larger.
2. Subdividers shall extend to the external limits of the
subdivision all water and recycled water pipelines
placed in and about the subdivision by the
subdivider. The subdivider may enter into a
reimbursement agreement with the District for off-
site portions of the water or recycled water pipeline
extensions they must install for the subdivision.
B. For Length of Property Frontage. An applicant,
subdivider, or individual developer shall cause the
construction of water or recycled water pipeline to the
external limits of the property line along the entire
property frontage abutting upon the water or recycled
water pipeline. However, for a large undeveloped
frontage, the water or recycled water pipeline shall extend
for a minimum length of 75 feet along the frontage if all
the following conditions apply:A subdivider, contractor, or
individual developer shall install a water or recycled water
pipeline to the external limits of the property line along the
entire front of the property abutting upon the water or
recycled water pipeline. However, for a large
undeveloped frontage, the water or recycled water
pipeline shall extend for a minimum frontage of 75 feet if
all the following conditions apply:
1. That the portion of the property being connected to
the water or recycled water pipeline will totally
contain the parcel or parcels served by the pipeline,
together with sufficient side yard setbacks as
required by applicable zoning law; and
2. That sufficient area remains in the unconnected
portion of the property in which to construct one or
more living units in accordance with the applicable
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zoning laws. (Ord. 47 §§ VI.14, 15, 2019; Ord. 45 §§
VI.14, 15, 2009)
CHAPTER 2.24 ENGINEERING SERVICES FEES
AMEND Section 2.24.010 to read:
2.24.010 Established by resolution.
The engineering service fees shall be established by
resolution of the Board. The purpose of the engineering
services fees is to defray the costs associated with the
District’s review, approval, and inspection of potable water and
recycled water facilities related to pipeline and service line
installation, pipeline and service line replacement and
relocation, easements and quitclaims in connection with the
development review process of the City.
A. Policy. The District Engineer shall provide plan checking
services for potable and recycled water facilities to be
constructed and added to the systems of the District at a
charge of the estimated cost of providing those services.
B. Fees. The fees shall be fixed and established by
resolution of the Board.
C. Private On-Site Irrigation System. The private on-site
irrigation system for a proposed development shall be
plan checked by the City’s Planning Department and the
District Engineer. A plan check fee shall be paid to cover
the City’s cost to review and approve the plans of the
private on-site irrigation system. The County of San
Diego Department of Environmental Health and Quality
will also review all private on-site irrigation plans where
recycled water is proposed to be used for irrigation. A
separate plan check fee shall be submitted to the County
of San Diego, together with the landscape and irrigation
construction drawings and the City’s application form.
(Ord. 47 § VII.1, 2019; Ord. 45 § VII.1, 2009)
Minor revisions to wording to improve clarity and to reflect that the District Engineer, not the City’s Engineering
Department, will provide plan checking services for certain potable and recycled water facilities.
NO SUBSTANTIVE CHANGES are recommended for
Section:
• 2.24.020 Adjustment of fees by resolution
AMEND Section 2.24.030 to read:
2.24.030 When paid.
A. All fees to review improvement plans, easements or
quitclaims are paid upon initial submittal to the City based
Minor revisions to wording to improve clarity.
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on the cost estimate submitted (valuation) with the initial
submittal. Near the end of the plan check process and
prior to the plan approval, the applicant must pay any
balance of plan check fees or receive a refund for excess
fees paid.
B. Prior to issuance of a right-of-way permit to construct the
improvements, the applicant shall pay inspection fees
that cover the inspection of District improvements. (Ord.
47 § VII.3, 2019; Ord. 45 § VII.3, 2009)
CHAPTER 2.28 FIRE HYDRANTS
AMEND Section 2.28.010 to read:
2.28.010 Use of fire hydrants—Generally.
Fire hydrants are provided for the purpose of providing
connections for the extinguishing of fires and shall be opened
and used only by the District and the City’s Fire Department or
such persons as shall be authorized to do so by the Executive
Manager. (Ord. 47 § VIII.1, 2019; Ord. 45 § VIII.1, 2009)
Expands the use of fire hydrants beyond solely providing connections for the extinguishing of fires to account for
construction meters.
NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.28.020 Regulation of water supply from a fire
hydrant.
• 2.28.030 Replacing cap after use.
• 2.28.040 Use of fire pipeline for other than fire
purposes.
AMEND Section 2.28.050 to read:
2.28.050 Private fire lines, etc.—Service connections.
Where a privately-owned fire line is used for fire purposes only
and is connected to an automatic fire extinguishing system or
other standard fire hydrant, the owner shall pay for all service
connections from the District water pipeline to the backflow
preventioner assembly. (Ord. 47 § VIII.5, 2019; Ord. 45 §
VIII.5, 2009)
Changed to read that a customer shall pay for all service connections from the District water pipeline to the backflow
preventer assembly rather than to the above ground double check valve assembly or approved check valve.
CHAPTER 2.32 CROSS-CONNECTION CONTROL PROGRAM
NO SUBSTANTIVE CHANGES are recommended for
Chapter 2.32 at this time.
CHAPTER 2.36 PROCEDURES FOR WORK IN THE RIGHT-OF-WAY
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NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.36.010 Title.
• 2.36.020 Definitions.
• 2.36.030 Public Works Director’s authority and
responsibilities.
• 2.36.040 Permits – Required.
AMEND Section 2.36.050 to read:
2.36.050 Application for right-of-way permit or
encroachment permit.
A. Any person proposing to do any of the acts described in
Section 2.36.040 of this chapter shall make an application
for a: (1) right-of-way permit, and if required (2)
encroachment agreement to the Public Works Director.
B. The following information shall be included in the
application:
1. The location, nature, and extent of work to be
performed;
2. The proposed date when such work shall be
commenced;
3. The proposed date when the work shall be
completed;
4. Such other information as may be required by the
Public Works Director.
C. The Public Works Director may require the application to
contain an encroachment agreement if deemed
necessary due to the location, size, duration, and/or
nature of the encroachment. The encroachment
agreement shall:
1. Require the encroachment to be placed and
maintained in a safe and sanitary condition and
without interference to access for maintenance or
operation of District facilities;
2. Require removal of the encroachment by the
permittee upon reasonable demand by the Public
Works Director;
3. Allow the District to remove the encroachment and
place a lien on the property if the permittee does not
Subsection D was added to require the applicant to provide proof of liability insurance.
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remove the encroachment in a reasonable time
period;
4. Allow for the removal of the encroachment by the
District during the performance of any emergency
repairs without liability to the District for damages;
5. Require adequate security of performance of such
promise;
6. Require indemnification of the District in accordance
with Section 2.36.160;
7. Be in a form acceptable to the General Counsel.
(Ord. 47 § X.5, 2019; Ord. 45 § X.5, 2009)
D. The applicant may be required to provide proof of liability
insurance in an amount set by the City’s Risk Manager
and may be requested to name the District as an
additional insured under the insurance policy. The
insurance shall be provided by a company satisfactory to
the City’s Risk Manager. Any deductible or self-insured
retention under the insurance policy shall be in an amount
acceptable to the City’s Risk Manager. (Ord. 47 § X.16,
2019; Ord. 45 § X.16, 2009)
AMEND Section 2.36.060 to read:
The Public Works Director may require the proposed work to
be accompanied by plans if the Public Works Director
determines the proposed work requires the making of plans,
setting of stakes, or both. These plans shall be prepared by a
competent engineer licensed by the California Department of
Consumer Affairs. These plans shall be reviewed by the Public
Works Director or designee and the applicant shall pay the
necessary fees in accordance with Chapter 2.24. The
applicant shall bear all costs to prepare and process said
plans. (Ord. 47 § X.6, 2019; Ord. 45 § X.6, 2009)
Minor revisions to wording to improve clarity.
NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.36.070 Commencement and completion of work.
• 2.36.080 Requirements for performance of work.
AMEND Section 2.36.090 to read:
2.36.090 Acceptance of work.
The Executive Manager or designee will issue a certificate of
acceptance if the work has been completed according to the
Minor revisions to wording to improve clarity and change delegation from the Public Works Director to the Executive Manager or designee.
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requirements of this chapter and the permit. This
determination may be reached by performing a survey, or by
inspection, or by both methods. The certificate of acceptance
will contain a statement of the location, nature, and extent of
the work performed under the permit. (Ord. 47 § X.9, 2019;
Ord. 45 § X.9, 2009)
AMEND Section 2.36.100 to read:
2.36.100 Permit—Denial and revocation.
A. The District may deny the issuance of a right-of-way
permit to any person who refuses or fails to comply with
the provisions of this chapter, who is indebted to the
District for past permit violations, or who, in the judgment
of the Public Works Director, has repeatedly violated
permit procedures or failed to comply with conditions
requiring protection of the public health and safety.
B. The Public Works Director may deny the issuance of a
right-of-way permit to any person who refuses to execute
an encroachment agreement as required by Section
2.36.050.
C. Any permittee found in violation of the conditions of the
permittee’s the permittee’s permit or the provisions of this
chapter shall be given a written notice to comply,
explaining the violation and corrective actions required.
Upon receipt of the notice to comply, the permittee shall
take action to correct the condition of violation within the
period provided in the notice. If, within that at period,
appropriate measures have not been implemented, the
District may revoke the permit, pursue enforcement
remedies under Carlsbad Municipal Code Chapters 1.08
and 1.10, and take any measures required to secure the
work site or return the work site to its original condition.
The District may charge the permittee for all costs of such
corrective work.
D. A revoked permit may be reinstated if the permittee
demonstrates, to the satisfaction of the Public Works
Director, that work will be continued in conformance with
the permit and the provisions of this chapter.
E. The Public Works Director shall require, as a condition of
the permit, payment of all charges incurred by the District
as a result of permit revocation including any penalties for
violation of the provisions of this chapter as provided in
Language added to incorporate the additional remedies provided in CMC 1.08 and 1.10 to have as an enforcement option.
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Section 1.20.010. (Ord. 47 § X.10, 2019; Ord. 45 § X.10,
2009)
AMEND Section 2.36.110 to read:
2.36.110 Appeal procedure.
A. Any person aggrieved by any decision of the Public
Works Director with respect to the issuance, revocation,
or refusal to issue a right-of-way or encroachment permit
may appeal to the Board by filing a notice of appeal with
the Secretary of the Board within 10 calendar days after
the date of mailing of the decision of the Public Works
Director. Appeals shall be in writing and shall state the
basis for the appeal. Fees for filing an appeal shall be in
an amount established by resolution of the Board. The
decision of the Board shall be final.
B. Upon filing a written appeal, the Secretary shall fix a time
and place for hearing such appeal. The Secretary shall
give notice to the appellant and applicant/permittee of the
time and place of hearing by serving the notice personally
or by depositing it in the United States Post Office
postage prepaid, addressed to such persons at their last
known address unless otherwise requested in the notice
of appeal.
C. The Board shall have the authority to determine all
questions raised on such appeal. (Ord. 47 § X.11, 2019;
Ord. 45 § X.11, 2009)
Minor revisions to wording to improve clarity.
NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.36.120 Encroachment and right-of-way
application and permit fees.
• 2.36.130 Performance deposits.
• 2.36.140 Placement of materials or obstruction of
District right-of-way.
AMEND Section 2.36.150 to read:
2.36.150 Relocation of structures—Removal of
encroachment.
A. The Public Works Director may require any permittee,
who pursuant to a duly issued right-of-way permit under
this title, has performed construction work or placed and
maintained any encroachment, to remove or move the
encroachment at the permittee’s own cost and expense
Adds that a permittee may be required to relocate structures or remove an encroachment whenever necessary to ensure the operation, maintenance, reconstruction or replacement of District
facilities.
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to such different location as is specified in a written
demand of the Public Works Director, whenever such
move is necessary to ensure the safety and convenience
of the public or the operation, maintenance,
reconstruction or replacement of District facilities. The
Public Works Director shall specify in the demand a
reasonable time within which the work of relocation must
be commenced, and the permittee must commence the
relocation within the time specified in the demand and
diligently prosecute the same to completion. If permittee
fails to diligently remove the encroachment, the Public
Works Director may proceed under Section 2.36.140.
B. The District shall have the right to relocate or remove any
encroachment in response to an emergency condition
requiring immediate repair, without the notification of the
permittee or the owner of any encroachment into a District
right-of-way. (Ord. 47 § X.15, 2019; Ord. 45 § X.15, 2009)
NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.36.160 Holding District harmless-Insurance.
• 2.36.170 District not liable for damage to
encroachment or encroachment area.
• 2.36.180 Exemptions.
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Exhibit 5
Carlsbad Municipal Water District
1635 Faraday Ave5950 El Camino Real. Carlsbad, CA 92008 442-339-2420 t
RESIDENTIAL WATER SERVICE SHUTOFF PROTECTION
POLICY FOR NONPAYMENT OF CHARGES
Introduction
The Carlsbad Municipal Water District (CMWD) developed this policy Residential Water Service
Shutoff Protection Policy for Nonpayment of Charges (Policy) to help residential water service
customers prevent shutoff of water service for nonpayment of charges due to hardship. This
policy Policy is not applicable when water service is shutoffshut off due to unauthorized action
by Customerthe customer. This policy Policy is available on the City of Carlsbad's website:
(https://www.carlsbadca.gov)/departments/utilities/water).
The number of annual shutoffs for nonpayment is noted on the website. A paper copy of the
policy Policy is available upon request at the City's Utility Billing Offices at 1635 Faraday
Avenue, Carlsbad, CA 92008.
For more information about this Policy or to discuss options for avoiding discontinuation of
residential water service, please contact the CMWD's billing department by phone at 442-339-
2420 or by email at water@carlsbadca.gov to discuss options to avoid discontinuation of
service..
Definitions
Water Bills bills -– Monthly statements sent to customers indicating the amount of water used
during the billing cycle, rate charged for the water, amount the customer must pay for the
water and date on which the payment is due.
Delinquent Accounts account -– Delinquent accounts are tThose accounts that remain unpaid
by the due date. If a customer attempts to pay their account with a check that is subsequently
returned An account paid with a check that is returned by by the customer’s bank for
insufficient funds, on the basis of the account being closed, because of a stop payment order,
or for another reason, that customer’s account will become delinquent if the customer does
not make payment in full by the due date.upon which the check was drawn, is considered as
nonpayment of bill, and therefore may result in a delinquent account.
Late Fee fee -– A fee charged for payments not received by the due date. The late fee is 10% of
the
unpaid bill amount.
Water Disconnection or Shutoffdisconnection or shutoff -– The CMWD disconnects water
service by turning off and locking the water meter. If a customer's water service is disconnected
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or shutoff, the customer must pay a fee to have the CMWD reconnect the water service. Water
service reconnected without CMWD authorization may result in fines or additional charges or
fees. Any damages caused by an unauthorized service reconnection are the customer's
responsibility.
Notifications
The CMWD will not shutoffshut off a residential customer's water service for nonpayment until
the customer's unpaid balance has been delinquent for at least sixty (60) days or if the
customer meets the special criteria as detailed below in the section titled Options Available to
Customer.
First Written Shutoff Notice -– At least seven (7) business days before shutting off a residential
customer's water service, the CMWD will contact the customer by telephone or by mail.
If the CMWD contacts the customer by telephone, the CMWD will offer to provide the
customer with this policyPolicy. The CMWD will also offer to discuss the customer's options for
averting a shutoff for nonpayment, including the procedures for option to enter into an
alternate payment arrangements, such as a plan for deferred payments, alternative payment
schedules, and amortizing the unpaid balance amortization, and for obtaining a and bill review
and appeal Appealappeal (collectively “Alternate Payment Arrangements.”).
If the CMWD contacts the customer by mail, the CMWD will send the customer written notice
of the shutoff to the billing address designated on the customer's account. If the billing address
and the service address are different, a second notice will be mailed to the service address and
addressed to "Occupant."
The written notice will include the customer's name and address, amount of the delinquent
charges, and the day date by which the customer must pay or arrange to pay the delinquent
charges to avoid a shutoff. The notice will also include a description of the process to apply for
an extension of time to pay the delinquent chargesamount, a description of the procedure to
petition for a bill review and appeal, and a description of the procedures by which the customer
may request an Aalternate Ppayment Aarrangement such as a plan for deferred payments,
alternative payment schedules or amortization of the delinquent charges.
If the written notice is returned as undeliverable, the CMWD will make a good faith effort -to
visit the service address and leave, either with an adult occupying the residence or in a
conspicuous place, a written notice of the imminent shutoff and a copy of this policyPolicy.
Notice to Tenants/Occupants in an Individually Metered Residence -– If the landlord of a
residence with individually metered service is the customer with the delinquent account, the
CMWD will make a good faith effort to send a written notice to the tenants/occupants of the
residence at least ten (10) days before water service is shut off. The written notice will advise
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the tenants/occupants that they have the right to become customers of the CMWD without
being required to pay the amount due on the delinquent account, as long asif they are willing
and able to assume financial responsibility for subsequent charges for water service at the
residence. The tenants/occupants must provide verification of tenancy in the form of a lease or
rental agreement, rent receipts, a government document indicating the occupant is renting the
property, or other acceptable proof.
Notice to Tenants/Occupants in a Multi-Unit Complex Served through a Master Meter -– If the
landlord of a multi-unit complex served through a master meter is the customer with the
delinquent account, the CMWD will make a good faith effort to send a written notice to the
tenants/occupants of each unit at least ten (10) days before water service is shut off. The
written notice will advise the tenants/occupants they have the right to become customers of
the CMWD without being required to pay the amount due on the delinquent account. If one or
more of the occupants at the address served by the master meter are willing and able to
assume responsibility for the subsequent charges for water service to the satisfaction of the
CMWD, or if there is a physical means legally available to the CMWD of selectively terminating
service to those tenants/occupants who have not met the CMWD's requirements for service,
CMWD will make service available to the occupants who have met the requirements.
Final Written Shutoff Notice -– The final written Water Shutoffwater shutoff notice will be
delivered to the premises no less than five (5) business days in advance of shutoff. The CMWD
will visit the residence and leave the water shutoff notice and a copy of this policyPolicy.
Options Available to the Customer
Bill Review and Appeal -– If a customer disputes the customer's water bill, the customer may
make a written request for the bill to be reviewed by the City of Carlsbad's fFinance dDirector.
The written request must be submitted within ten (10) business days after the bill is mailed to
the customer or within five (5) business days after the CMWD informs the customer by
telephone or mail that the customer's water service is subject to shutoff for nonpayment. A
written request for a bill review must identify what aspects of the water bill the customer
believes are incorrect, what information and documents the customer believes supports the
customer's position, and what resolution the customer seeks. Within ten (10) business days
after receipt of the bill review request, the Ffinance Ddirector, or a designee, will review the
water bill and provide a written response to the customer.
If the customer disagrees with the Ffinance Ddirector's response, the customer may, within five
(5) business days of the response, submit a written appeal on the matter to the dDeputy Ccity
Mmanager, Aadministrative Sservices, or a designee. Within ten (10) business days after
receiving the appeal, the Ddeputy cCity Mmanager, Aadministrative Sservices, will consider the
information and documents previously submitted to the Ffinance Ddirector, as well as any
additional information or documents submitted with the appeal, and will issue a written
decision independently determining whether the bill is correct. The decision of the Ddeputy
Ccity Mmanager, Aadministrative Sservices, is the final administrative decision.
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The CMWD will not shutoffshut off the customer's water service for nonpayment while the
customer's request for a bill review or appeal is pending. If the bill review or appeal results in a
determination the customer's water bill was incorrect, the CMWD will correct the billbill, and
the customer will have twenty-one (21) calendar days to pay the corrected bill amount. If the
bill review or appeal results in a determination that the customer's water bill was correct, the
customer must pay the bill in full within five (5) business days unless the customer qualifies for
an enters into an approved Aalternate Ppayment Aarrangement such as a plan for deferred
payments, alternate payment schedules or amortizing the unpaid balance.
Alternate Payment Arrangement -– A qualifying customer unable to pay for residential water
serivce within the normal payment period may request an Aalternate Ppayment Aarrangement
before that customer’s account becomes a delinquent account such as a plan for deferred
payments, alternate payment schedules or amortizing the unpaid balance to avoid late fees and
service shutoff.
To qualify for an alternate payment arrangement, Additionally, the CMWD will not shut off
water service if the customer must meets BOTH of all ofall the following special criteria:
1. Demonstrates a medical need for continued water service by providing certification
from a Primary Care Providerprimary care provider that water service shutoff will be
life-threatening or pose a serious threat to the health and safety of any person residing
at the service address.
2. Demonstrates financial hardship by showing the customer is financially unable to pay
for service within the CMWD's normal billing cycle. A customer will be deemed to have a
qualifying financial hardship if any member of the customer's household currently
receives CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security
Income/State Supplementary Payment Program, or California Special Supplemental
Nutrition Program for Women, Infants, and Children. A customer will also be deemed to
have a qualifying financial hardship if the customer declares that the customer's
household annual income is less than 200% of the federal poverty level.
3. Agrees to enter intoenter an Alternate Payment Arrangement.
If the To enter intoenter customer qualifies for an Aalternate Ppayment Aarrangement:
A. The customer sign must agree toexecute enter into an Alternate Payment Arrangement
Agreement with the CMWD to amortize the unpaid balance or temporarily defer payments
over an agreed upon period, not to exceed twelve (12) months from the original due date
on the bill.
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B. The agreed- upon amount (i.e., amortized payments) will be added to the regular monthly
bill or an alternative payment schedule to pay off the previously unpaid balance.
C. The customer must remain current on all subsequent billing periods.
D. The customer cannot request further amortization of any subsequent unpaid charges while
paying delinquent charges from a previous bill.
If the customer does not comply with the alternate payment arrangementAlternate Payment
Arrangement or becomes delinquent in paying current water service charges for sixty (60) days
or more, the CMWD will shut off the customer's water service. At least five (5) business days
beforehandbefore discontinuing water service, the CMWD will post a final shutoff notice in a
prominent and conspicuous location at the service address.
If the CMWD shuts off a residential customer's water service, the CMWD will provide the
customer with information on how to restore service.
Restoration of Service
Deadline for Shutoff -– All delinquent water service charges and associated fees must be
received by the City of Carlsbad Finance Department by 3 p.m. on the day specified in the
written disconnection notice.
Reconnection Process -– The CMWD will reconnect service as soon as feasible but, at a
minimum, will restore service before the end of the next regular working day following
payment of any past due amount, delinquent fees and reconnection fees, on the account that
was shutoff.
Reconnection Fee -– The cost to reconnect water service as applicable under this policyPolicy is
published yearly in the Master Fee Schedule (https://www.carlsbadca.gov). For those that
demonstrate a customer household annual income below 200% of the federal poverty line
qualify for alternative payment arrangement, the reconnection fee is $50 for same day and next
day service during normal business hours, and $150 for service during non-operational hours.
This rate is subject to annual adjustment based on the Consumer Price Index beginning January
1, 2021.subject to annual adjustment on January 1 of each year based on the year-over-year
change to the Consumer Price Index, All Consumers, Not Seasonally Adjusted.
The cost to reconnect water service as applicable under this policy is published yearly in the
Master Fee Schedule (https://www.carlsbadca.gov). In addition, interest charges on unpaid
balances will be waived once per 12 months for qualifying customers. A customer will be
deemed to have a household income below 200% of the federal poverty line if any member of
the customer's household receivescurrently receives CalWORKs, CalFresh, general assistance,
Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California
Special Supplemental Nutrition Program for Women, Infants, and Children. A customer will also
be deemed to have a household income less than 200% of the federal poverty level if the
Sept. 30, 2025 Item #3 Page 148 of 149
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Residential Water Service Shutoff Protection Policy for Nonpayment of Charges
Page 6
customer declares the household’s annual income is less than 200% of the federal poverty
level.
Reference: Water Shuto ff Protection Act (Health and Safety Code sections Section 11ll6900 et seq.-116926) Effective: February 1, 2020 Last Updated: October 13, 2022September 30, 2025
Sept. 30, 2025 Item #3 Page 149 of 149
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Repeal & Replace Title 2 - Carlsbad Municipal
Water District Code
Dave Padilla, Assistant General Manager
Amanda L. Flesse, General Manager
Sep. 30, 2025
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TODAY’S PRESENTATION
•Proposed Actions
•Background
•Proposed Changes
•Next Steps
ITEM 3: TITLE 2 CMWD CODE
1.Introduce an ordinance of the Board of Directors
of the Carlsbad Municipal Water District of the
City of Carlsbad, California, amending Title 1 and
repealing and replacing Title 2 of the Carlsbad
Municipal Water District Code.
2.Adopt a resolution approving an update to the
Residential Water Service Shutoff Protection
Policy for Nonpayment of Charges.
ITEM 3: TITLE 2 CMWD CODE
3
PROPOSED ACTIONS
BACKGROUND
•July 16, 2024: the CMWD Board adopted
Ordinance No. 49 to codify CMWD’s ordinances
into three Titles.
•Nov. 12, 2024: the CMWD Board adopted
Ordinance No. 50 to repeal and replace Title 1
of the CMWD Code.
•Today’s item proposes minor amendments to
Title 1 and repeals and replaces Title 2.
ITEM 3: TITLE 2 CMWD CODE
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PROPOSED CHANGES
Title 1, Section 1.08.030 and Title 2, Sections
2.04.010, 2.20.030, 2.20.040, 2.20.050 &
2.36.090 update definitions and delegations
between the Deputy City Manager for Public
Works and the CMWD General Manager to
better reflect current practice.
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ITEM 3: TITLE 2 CMWD CODE
Section 2.04.080 – Interference with inspection–Stoppage of service–Notice required adds reference to the enforcement provisions in CMC Chapters 1.08
and 1.10.
Section 2.08.040 – Delivery charge for residential automatic fire extinguishing system clarifies the
basis for the water delivery charge for residential automatic fire extinguishing systems.
ITEM 3: TITLE 2 CMWD CODE
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PROPOSED CHANGES
Section 2.12.100 – Construction meters clarifies the charges applicable to construction meters and requirements for backflow protection when installed on a potable water supply.
Section 2.12.110 – Fire service flow detector meters clarifies the charges applicable to these types of meters.
Section 2.12.150 – Examination of meters at customer’s request removes the deposit requirement.
ITEM 3: TITLE 2 CMWD CODE
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PROPOSED CHANGES
Section 2.16.050 – Steam boilers, hydraulic elevators, power pumps, and similar apparatus moves the authority to approve applications for the use of these or similar apparatuses from the CMWD Board to the Executive Manager or designee.
ITEM 3: TITLE 2 CMWD CODE
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PROPOSED CHANGES
Section 2.20.030 – Pipeline size revises the minimum pipeline diameter for water distribution pipelines.
Section 2.20.040 – Determination of adequacy of size and necessity by General Manager—Contract between applicant and District—Reimbursement for additional cost moves the authority for the determination of size or capacity of water or recycled water facilities from the Executive Manager to the General Manager.
Section 2.20.050 – Determination of materials and additional cost of facilities moves the authority for the approval of materials and construction cost estimates for water or recycled water facilities from the Executive Manager to the General Manager.
ITEM 3: TITLE 2 CMWD CODE
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PROPOSED CHANGES
Section 2.20.070 – Reimbursement agreement
•revises the maximum time limit for the right to
reimbursement to seven years from the
reimbursement agreement date, or five years after
acceptance of the completed facility by the District.
•establishes the basis for the minimum pipeline diameter for “excess capacity”.
ITEM 3: TITLE 2 CMWD CODE
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PROPOSED CHANGES
SHUTOFF PROTECTION POLICY
•The CMWD Board approved the policy on
Dec. 10, 2019.
•The policy outlines when the CMWD can or cannot
shut off potable water service to residential
customers for nonpayment and notifies a
customer’s rights and options prior to a shutoff.
ITEM 3: TITLE 2 CMWD CODE
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SHUTOFF PROTECTION POLICY
•Senate Bill No. 3 (2023) expanded the scope of the state’s Water Shutoff Protection Act, necessitating changes to the District’s policy.
•The policy update complies with new State law to include an alternate payment arrangement for all residents, not just those that demonstrate medical and financial hardship.
ITEM 3: TITLE 2 CMWD CODE
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•The CMWD Board will consider adoption of the
Title 2 revisions at a future meeting.
•Staff will return to the CMWD Board with a
recommendation to amend Title 2, Section 2.32
regarding cross-connection control and Title 3.
ITEM 3: TITLE 2 CMWD CODE
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NEXT STEPS