HomeMy WebLinkAbout2019-12-10; Municipal Water District; ; Implementation of California Senate Bill No. 998, Water Shutoff Protection ActSB 998, Water Shutoff Protection Act, to protect low-income households from having water
service disconnected due to financial hardship if disconnection would be life threatening to or
pose a serious threat to the health and safety of, a member of the household. The new law
updated the Health and Safety Code and changed the requirements and procedures relative to
discontinuation of residential potable water service for nonpayment beginning Feb. 1, 2020.
SB 998 requires every urban and community water system with more than 200 water service
connections to have a written policy on discontinuation of residential water service for non-
payment, which must be available on the water supplier's website. The policy must be in five
languages in addition to English, as listed in Civil Code Section 1632 (Spanish, Chinese,
Korean, Vietnamese and Tagalog) and in any other language spoken by at least 10% of the
people residing the system's service area.
SB 998 sets forth the specific provisions and requirements for water service discontinuation,
which includes a 60-day waiting period before service can be discontinued for nonpayment.
The water supplier will also be required to contact, by telephone or in writing, the customer
named on the account at least seven business days before discontinuing service. If notice is
given by telephone, the message delivered must: (a) offer to provide the customer the
system's written policy on discontinuation of water service; and (b) offer to discuss options to
avoid discontinuing water service, including alternative payment schedules, deferred
payments, minimum payments, amortization and bill review and appeal. The new law also
includes required processes if the water supplier is unable ,to contact the customer as well as
a specific mandate for a customer appeal process.
SB 998 also offers opportunities for payment arrangements, provisions for low-income
customers and specific conditions and/or circumstances when a water supplier will be
prohibited from discontinuing water service for nonpayment. SB 998 also mandates that
water suppliers must report annually on its website and to the SWRCB the number of service
discontinuations for inability to pay. Community water systems subject to all of the
requirements set forth above who fail to comply with the requirements of this new law will
be subject to enforcement by the SWRCB and the California Attorney General.
Over the last few months, CMWD has reviewed the requirements of the law and its internal
current practices and developed the following documents to meet all requirements of the new
regulations:
• Residential Potable Water Service Shutoff Protection Policy for Nonpayment of Charges
• An internal Standard Operating Procedure focused on implementation ofthe policy
including notices, agreements, procedures and changes in the financial program used
for billing
Ordinance No. 45, Article II, Section 4 {Failure to Comply with Rules and Regulations or Pay
Rates; Penalty) states that "If the water or recycled water bill remains unpaid after forty four
{44) days following the mailing date of such bill, then the Executive Manager may cause the
water or 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
Dec. 10, 2019 Item #9 Page 2 of 90
been paid." Based on requirements of SB 998, CMWD proposes the following amendments to
this provision:
• Modify the sentence to read: "If the commercial potable water or the recycled water bill
remains unpaid after forty-four (44) days following the mailing 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."
• Add the following sentence at the end of Article 11, Section 4: "Subject to the provisions
in CMWD's Residential Potable Water Service Shutoff Protection Policy for Nonpayment
of Charges," if the residential potable water bill remains unpaid after sixty (60) days
following the mailing 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 all bills plus any
additional charges shall have been paid."
Fiscal Analysis
In fiscal year 2018-19, CMWD disconnected 235 residential accounts for non-payment. Most of
the accounts were paid in full right away. Of the 235, 25 accounts were unable to reconnect
due to financial hardship. The average bill prior to shutoff was $155.00. There are
approximately 25,600 residential potable accounts serviced by CMWD. It is not known how ·
many of these accounts would have qualified for accommodation under SB 998.
Should a potable water customer qualify, CMWD must waive interest charges on delinquent
bills once every 12 months and limit reconnection fees to $50 during operating hours and $150
during non-operating hours (subject to annual adjustment for changes in the Consumer Price
Index). CMWD currently charges a late fee of 10%, a reconnection fee of $65 during operating
hours, and a reconnection fee of $178 during non-operating hours.
Next Steps
Following introduction of the ordinance, the district secretary will prepare the Ordinance for
adoption at the next Carlsbad Municipal Water District Board meeting. Once adopted, the
secretary will publish the Ordinance or a summary of the Ordinance in a newspaper of general
circulation within 15 days. The Ordinance will be effective 30 days following the adoption.
The following items will be completed before Feb. 1, 2020:
• Publish the Residential Potable Water Service Shutoff Protection Policy for Nonpayment
of Charges on the City of Carlsbad's website
• Translate the policy and related documents into Spanish, Chinese, Tagalog, Korean, and
Vietnamese for distribution to customers, when required or requested
• Implement the internal Standard Operating Procedure to implement the policy
• Update the Master Fee Schedule to reflect the statutory requirement to reflect the fees
for qualifying low-income customers
Dec. 10, 2019 Item #9 Page 3 of 90
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project"
within the meaning of the California Environmental Quality Act (CEQA) in that it has no
potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. CMWD Ordinance amending Article II, Section 4 of CMWD Ordinance No. 45
2. Redline/strikeout version of amended CMWD Ordinance No. 45
3. CMWD Resolution
4. California Senate Bill 998
Dec. 10, 2019 Item #9 Page 4 of 90
ORDINANCE NO. 47
AN ORDINANCE OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL
WATER DISTRICT (CMWD), CARLSBAD, CALIFORNIA, TO DEFINE AND ESTABLISH
PRICES AND CONDITIONS OF WATER DELIVERY; TO PROVIDE METHOD OF
ESTABLISHING AND FIXING RATES AND CHARGES FOR WATER DELIVERED; TO
PROVIDE METHOD FOR EXTENSION OF CMWD FACILITIES; REGULATING THE
ISSUANCE OF WATER METERS; ESTABLISHING PROCESS AND FEES FOR
ENGINEERING SERVICES RELATED TO LAND DEVELOPMENT; DEFINING METERS
AND FIRE HYDRANTS, WATER EFFICIENT LANDSCAPING; CROSS CONNECTION
CONTROL PROGRAM; ESTABLISHING PROCEDURES FOR WORK IN CMWD RIGHT-
OF-WAY; AND REPEALING ORDINANCES 26, 29, 37, 39, 40, AND 42.
WHEREAS, Carlsbad Municipal Water District, hereinafter called CMWD, is organized
under the Municipal Water District Law of 1911, Division 20 (commencing with Section 71000)
of the California Water Code; and
WHEREAS, on April 25, 1989, the City of Carlsbad adopted Resolution No. 89-126 which
established the CMWD as a subsidiary district to the City of Carlsbad effective January 1, 1990,
where the responsibilities for the City's water system were transferred to the CMWD; and
WHEREAS, the City of Carlsbad's water system was operated under its Municipal Code
Title 14 "Water" which does not apply to CMWD, but specific provisions from Title 14
concerning improvement plan review, water or recycled water meters, water or recycled water
service connections, service charges, water or recycled water pipeline extensions and facilities,
and cross connection control program need to be addressed in a new CMWD Ordinance; and
WHEREAS, the Municipal Water District Law of 1911 provides the method by which
CMWD shall establish types and conditions of service, fix rates and charges, provide a method
of extension of facilities and repeal existing Ordinances as necessary; and
WHEREAS, on June 4, 1996, by adoption of Resolution No. 939, the Board revised the
Delivery Charge basis retained the "Commodity Charge" basis, revised the Connection fee basis,
established the reclaimed water Commodity charge, and reclaimed water Connection fee; and
Dec. 10, 2019 Item #9 Page 5 of 90
WHEREAS, on August 13, 1996, by adoption of Resolution No. 954, the Board of
Directors of CMWD eliminated the "New Demand Charge" applicable to Metropolitan Water
District of Southern California; and
WHEREAS, on November 18, 2003, by adoption of Resolution No. 1194, the Board of
Directors of CMWD approved the 2003 CMWD Water Master Plan Update and changed the
CMWD Water Service Connection fee; and
WHEREAS, on November 18, 2003, by adoption of Ordinance No. NS-682, the City
Council for the City of Carlsbad approved CMWD Water Connection Fee annual adjustment
using Engineering News Record percentage change with the base index in effect in December
2003, and modified Title 14 ofthe Municipal Code Chapter 14.16.120 Service Connection
Charges; and
WHEREAS, on June 14, 2005, by adoption of Ordinance No. 43, the Board of Directors of
CMWD mandated the use of recycled water and rescinded Ordinance No. 31; and
WHEREAS, present conditions render provisions in existing Ordinances No. 26, 29, 37,
39, 40 and 42 unnecessary; and
WHEREAS, the Board of Directors of CMWD deem it expedient, proper and necessary to
establish and define types and conditions of water delivery, provide method of fixing rates and
charges, provide for extension of facilities, establish procedure for work in CMWD right of way,
and repeal certain existing Ordinances.
NOW, THEREFORE, the Board of Directors of the CMWD of the City of Carlsbad,
California, hereby ordains as follows:
ARTICLE I -REPEAL
That Ordinances Nos. 26, 29, 37, 39, 40 and 42 are hereby repealed in their entirety.
ARTICLE II -GENERAL REGULATIONS
SECTION 1: Definitions
The following terms are defined for purposes of this ordinance:
Dec. 10, 2019 Item #9 Page 6 of 90
1.1 "Applicant" means a person who applies for water or recycled water service.
1.2. "Board" means Board of Directors of the Carlsbad Municipal Water District.
1.3. "City of Carlsbad" means a municipal corporation in the State of California.
1.4. "CMWD" means Carlsbad Municipal Water District.
1.5. "Connection" means the metered water or recycled water service connection from a
CMWD water or recycled water pipeline facility, respectively.
1.6. "Cost" includes labor, material, transportation, expense, supervision, engineering
and other necessary overhead expense.
1.7. "Customer" means any person to whom the CMWD supplies water or recycled water
service under a contract, either expressed or implied, to make payment therefore.
1.8. "Delivery Charge" means the minimum monthly charge to a customer for availability
of service, the revenue from which enables the CMWD 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.
1.9. "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 conformance with approved standard
drawings and specifications.
1.10. "Extension" means water or recycled water pipeline extension.
1.11. "Executive Manager" shall mean the position that reports to the Board of Directors
of the Carlsbad Municipal Water District.
1.12. "General Counsel" means the position that has been appointed by the Board of
Directors to advise on legal matters.
1.13. "General Manager" means the position that reports to the Executive Manager of the
Carlsbad Municipal Water District and is responsible for the operation and
maintenance of the water system and recycled water system.
1.14. "Industrial or commercial" means any customer using water or recycled water for a
building or landscape irrigation of the site that is not a residential unit for the
purpose of producing goods or services other than the services of housing,
permanent or transient occupants.
1.15. "Legal or equitable owner" means any owner of record, mortgage trustee or
contract purchaser.
1.16. "Meter" means device to measure the amount of water or recycled water the
customer uses in units where one unit is 748 gallons.
1.17. "Pipeline" means an existing or proposed water or recycled water pipeline in the
water or recycled water distribution system, respectively of the CMWD.
1.18. "Public Works Director" means the Public Works Director of the City of Carlsbad or
his designated representative. 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.
1.19. "Recycled water", sometimes referred to as reclaimed water, means water obtained
from the treatment of domestic waste water which is suitable for direct beneficial
use or a controlled use that otherwise would not occur and also meets the highest
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level in conformance with California Code of Regulations, Title 22, Division 4,
Chapter 3 (use of recycled water for irrigation and for impoundments), currently
section 60304 and section 60305.
1.20. "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.
1.21. "Residential Unit" means any single family residential living unit which includes but
is not limited to the following: houses, duplexes, apartments, condominiums, and
mobile homes.
1.22. "Risk Manager" means the Risk Manager of the City of Carlsbad.
1.23. "Service Connection" includes the tapping of a CMWD water or recycled water
pipeline and the laying of a service line from the tapped connection on the pipeline
to the meter location.
1.24. "Water" means potable water fit for human consumption in accordance with
applicable State of California Department of Public Health (CDPH) standards.
1.25. "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.
SECTION 2: 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.
SECTION 3: Adoption of Rules and Regulations
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 CMWD, 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 Ordinance, and may from time to
time by resolution prescribe rules for the extension of water or recycled water pipelines within
the boundaries and outside the boundaries of the CMWD.
The Executive Manager may, from time to time, issue rules and regulations to carry out the
purposes of this Ordinance.
SECTION 4: Failure to Comply with Rules and Regulations or Pay Rates; Penalty
On failure to comply with the rules and regulations established by the CMWD as a condition
precedent to the right to use the water or recycled water, or to pay rates or any charges
imposed, in the time and manner stated in this Ordinance, upon reasonable notice, the water
and recycled water will be shut off until payment of amount due including a ten percent (10%)
late fee is received by CMWD. Charges not paid after 44 days are considered delinquent and are
subject to additional fees. Charges will continue to accrue until customer notifies the CMWD to
discontinue service. CMWD may be notified in writing or by calling the City of Carlsbad's Billing
Dec. 10, 2019 Item #9 Page 8 of 90
Division of the Finance Department. If the commercial potable water or the recycled water bill
remains unpaid after forty-four (44) days following the mailing 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.
Subject to the provisions in CMWD's Residential Potable Water Service Shutoff Protection
Policy for Nonpayment of Charges, if the residential potable water bill remains unpaid after
sixty (60) days following the mailing 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 all bills, plus any additional charges shall
have been paid.
SECTION 5: Turning Water or Recycled Water On and Off from Premises
No one except an authorized employee of the CMWD 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.
SECTION 6: Persons Not to Interfere with CMWD Water System
No person shall in any manner whatsoever meddle, tamper with, or interfere with any part of
the water or recycled water system of the CMWD.
SECTION 7: Entrance Upon Private Property by Employees of CMWD
Any authorized employee of the CMWD or 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 by the customer.
SECTION 8: Right of CMWD to Enter Premises, Install Meters and Enforce Collection of
Charges
Any authorized employee of CMWD or 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 CMWD 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.
SECTION 9: Interference with Inspection; Stoppage of Service; Notice Required
In case any authorized employee or agent of the CMWD or City of Carlsbad be refused
admittance to any premises supplied with water or recycled water by the CMWD, or on being
Dec. 10, 2019 Item #9 Page 9 of 90
admitted he or she shall be hindered or prevented from making such examination or inspection
by any person, or for any reason thereto, the maintenance on such premises of a vicious dog or
animal, or for any other reason, the Executive Manager of the CMWD may cause the service of
water or recycled water of such premises to be discontinued, after giving written notice to the
owner or occupant thereof of his/her intention to do so.
SECTION 10: Service of Notice of Stoppage of Water or Recycled Water Service
Such notice as is provided for in Section 9 shall be deemed served upon the legal owner or
occupant thereof if it is mailed to his/her last known address, and a copy thereof mailed to such
premises if his/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.
SECTION 11: Length of Water or Recycled Water Service Stoppage
Water or recycled water service may be discontinued until the customer or owner has given
satisfactory assurance to the Executive Manager that any such employee will not be hindered
or prevented from making such examination or inspection.
SECTION 12: Liability of CMWD to Damage from Break Beyond Meter
The CMWD 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 beyond the meter
connection.
SECTION 13: Responsibility for Damage Resulting from Turning Off Water or Recycled
Water
The CMWD 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 the shutting off of water or recycled
water.
SECTION 14: Unlawful Use of Water, Recycled Water, Facilities and Appurtenances
It is unlawful for any person to 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 reservoir, 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 permission therefore as provided
Dec. 10, 2019 Item #9 Page 10 of 90
by this ordinance or in anywise to trespass upon the public property of the CMWD without
written permission first being obtained from the CMWD.
SECTION 15: Bills for Labor, Materials
All bills for labor and materials furnished, or other charges not provided for otherwise, shall
become due and payable thirty days from date of mailing.
SECTION 16: Settlement of Disputes between Customer and CMWD
If a dispute arises between any water or recycled water customer and the CMWD 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 the Executive
Manager. The final decision and settlement of any such dispute shall be recorded in the
minutes ofthe Board.
The provisions and procedures provided for in this section are permissive only and shall in no
way affect the other provisions of this Ordinance.
SECTION 17: No Mandatory Duty
Nothing in this Ordinance 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 independently of the provisions of this ordinance.
SECTION 18: Claims for Damage.
(a) No claim for injuries or damages against the CMWD 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) A claim relating to a cause of action for death or for injury to person or to personal
property or growing crops shall be filed not later than six months after the accrual of the
cause of action. A claim relating to any other cause of action shall be filed not later than
one year after the accrual of the cause of action.
ARTICLE Ill
RETAIL WATER AND RECYCLED WATER RATES, AND
COLLECTION THEREOF
Dec. 10, 2019 Item #9 Page 11 of 90
SECTION 1: 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 CMWD requires at least 24 hours notice of water service turn-on. If customer
contacts the CMWD the same day that customer wants service turned on, then the customer
will have an additional charge assessed on their next water bill. If 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 CMWD on the following normal working day.
SECTION 2: Continuity of Service Fee (Landlords Only)
The CMWD will provide a continuity of service fee option 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
CMWD. The water bill will be sent to the Landlord's address and the Landlord will be billed for
the Continuity of Service fee.
SECTION 3: Delivery Charge
The CMWD 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.
SECTION 4: 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 a automatic fire extinguishing system, the Delivery Charge will be determined according to
the size of the meter necessary to meet the water use requirements for the customer, as
determined according to the rules of the CMWD, without consideration of additional size
necessary to provide the Delivery Charge. The Delivery Charge to provide water for a automatic
fire extinguishing system is required when (1) the automatic fire extinguishing system is
required by law, including any requirement imposed as a condition of development, permit, or
occupancy, and (2) 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 provision shall not apply to meters greater than one
inch in size.
SECTION 5: 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 started.
Dec. 10, 2019 Item #9 Page 12 of 90
SECTION 6: Delivery Charge Where House Becomes Vacant; Request for Discontinuance
of Service
If a single family residence becomes vacant, the regular monthly Delivery Charge shall be
charged and collected from the owner thereof; whether water is used or not; until the day
upon which the office of the CMWD is notified of the fact that the property is unoccupied and is
requested to shut off water therefrom.
SECTION 7: Rate Structure
The CMWD 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 the objectives established by the Board.
Residential Water Rate -The Residential water rate is a tier rate per unit of water used where
one unit equals 748 gallons.
Commercial/Non-Residential -The Commercial/non-residential water rate is a flat rate per unit
of water used where one unit equals 748 gallons.
Agricultural Water Rate -The Agricultural water rate shall be in compliance 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 an Agricultural Water Rate, that customer must
comply with water supply reductions under CMWD's Ordinance 30 when the Board declares
Stage 2 or higher water conservation stages.
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.
SECTION 8: Water Rates, Charges, and Fees to be Established by Resolution
The rates, charges, and fees for all water and recycled water delivered by CMWD shall be fixed,
and may be changed as necessary, by Resolution of the Board after following the provisions
required by the California Constitution. All water and recycled water bills shall be due on
mailing and must be paid by the due date printed on the water or recycled water bill.
SECTION 9: Meter Readings and Billings
Meters shall be read and billings rendered on a monthly basis. 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.
Dec. 10, 2019 Item #9 Page 13 of 90
SECTION 10: Service Charges to be a Lien Against Property of Consumer
In addition to any other remedy provided for in this Article for the enforcement and collection
of any water and recycled water rates, charge, fee or account, all rates provided for in this
Ordinance shall be charged against the property on which it is furnished, and against the 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 owner thereof and the occupant thereof using the water. If
for any cause any sums owing therefore 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 CMWD in an action brought by the CMWD in any Court of competent jurisdiction for the
amount of all such money as may be due and unpaid, together with all penalties provided
herein and costs. No change of ownership or occupation shall affect the application of this
Article. This section shall not apply to non-permanent connections.
SECTION 11: Shutting Off Water on Supply Side of Meter
Upon the written request or call to the City's Billing Division ofthe Finance Department, of the
customer or occupant of a building or premises to have the water shut off on the supply side of
the meter, the CMWD 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.
SECTION 12: 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 Article IV, Section 6, the 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 six months.
(b) Slow Meters: When, upon test, a meter is found to be registering slow beyond the
tolerances above set forth in Article IV, Section 6, the CMWD shall bill the customer for the
amount of the 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 three month average amount of water used during the same
period for the previous year. In the event there was no meter at this place during the previous
year, a charge will be made upon an estimate fixed by the CMWD, 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.
ARTICLE IV
METERS, SERVICE CONNECTIONS, CONNECTION FEES AND PAYMENT THEREOF
Dec. 10, 2019 Item #9 Page 14 of 90
SECTION 1: Service Connections in Public Right-of-Way or Easements
All water service connections shall be in conformance with CMWD standard specifications and
standard drawings in affect at the time the connection is installed; and all such connections
must be inspected and approved by the Public Works Director or his designated representative
before water is admitted through meters.
SECTION 2: 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
CMWD before being installed.
SECTION 3: Service Connection and Meter Ownership
The "Water/Sewer Connection Permit" shall note the date of connection for all service
connections, and upon this date the service connection will become the property of the CMWD
and the CMWD's responsibility to maintain. The meter will become the property of the CMWD
and the CMWD's responsibility to maintain upon its installation by CMWD or its authorized
agent.
SECTION 4: Charges for Replacement, Repairs or Adjustment Caused by Negligence, Etc.,
of Customer, Non-Payment
Where replacement, repairs or adjustments of any service connection or meter are deemed
necessary 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.
SECTION 5: Examination of Meters at Customer's Request -Deposit
Any customer may request that the meter, through which water or recycled water is being
delivered, be examined and tested by the CMWD or Maintenance and Operations Department
of the City of Carlsbad for the purpose of ascertaining whether or not it is registering correctly
the amount of water which is being delivered to it. Such request shall be accompanied by
payment of a deposit fee as established by resolution of the Board. Upon receipt of such
request, the Executive Manager will cause the meter to be examined and tested for the
purpose of ascertaining whether or not it is registering correctly the water or recycled water
being delivered through it.
SECTION 6: Examination of Meters at Customer's Request -Replacement of Defective
Meter; Forfeiture of Deposit
If, 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
therefore. If the meter is determined to be registering more water than actually passes through
it within the tolerances above set forth, the above deposit will be refunded to the customer,
Dec. 10, 2019 Item #9 Page 15 of 90
but in the event the meter shall be found to be accurate or registering less water than actually
passes through it, the fee so deposited shall be forfeited to the CMWD.
SECTION 7: Water Meter Permit
It is unlawful for any person to connect to or use the CMWD's water system without first
obtaining a Water Meter Permit. 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 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 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 at any time upon proper application.
Every Water Meter Permit issued pursuant to this subsection shall expire by limitation and
become null and void if work on the connection authorized by such permit is not completed
within one hundred eighty (180) days from the date of issuance of such permit. Reasonable
extensions may be granted by the Executive Manager in writing.
SECTION 8: Water and Recycled Water Connection Fee
Applicants 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
connection is not required to pay San Diego County Water Authority's water connection fee.
When a water meter for a single family residential unit is required to provide standby capacity
for a 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 for the
customer, as determined according to the rules of the CMWD, 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 connection fee shall be adjusted annually
by a resolution of the Board by the percentage change in the Engineering News Record Los
Angeles Construction Cost Index with the base index in effect in December 2003, or subsequent
resolution of the Board.
For all residential units, 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 at the time the recycled water irrigation system has
been tested by the City of Carlsbad's Cross connection specialist and recycled water can be
Dec. 10, 2019 Item #9 Page 16 of 90
supplied to the irrigation system. Customer shall provide CMWD a 24-hour notice for the
recycled water irrigation meter.
A credit on a water or recycled water connection fee will be made for the exchange of an
existing meter service for a new meter service, or relocation of a meter service. The credit shall
only apply to the water or recycled water connection fee. The credit amount shall be based on
the connection fee amount in affect at the time the exchange is made. No credit shall be
applied for exchange to a smaller meter.
SECTION 9: Minimum Water Meter Size for Buildings
(a) Residential Unit -For residential units the minimum size meter shall be 5/8", except where
the residential unit is larger than 3,500 square feet or on a lot larger than one quarter {1/4) acre
where the meter size shall be 3/4". Where there is a residential automatic fire extinguishing
system the minimum meter size shall be 1".
(b) Commercial and Industrial -For a commercial building, office condominium, and industrial
building 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 by the City
of Carlsbad. In addition, for 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 capacity
of each meter size and the capacity of the selected meter size shall be capable of conveying the
peak supply demand calculated in gpm for the building.
SECTION 10: Irrigation Water Meters
A meter and service connection used for landscape irrigation exclusively shall be installed in
accordance with CMWD standard specifications and drawings in affect at the time the
connection is made. The size of the irrigation water meter(s) and service connection shall be
determined by the landscape architect 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.
At locations where water is used for irrigation, then the water connection fees shall be based
on the CMWD connection fee and charges, and also include the San Diego County Water
Authority's connection fee applicable to the meter size. If recycled water is used, then only the
CMWD connection fee and charges shall apply. The San Diego County Water Authority will
refund their connection 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 Diego County Water Authority' s
"Capacity Charge Refund Request" form to CMWD for verification to request the connection
fee refund.
Dec. 10, 2019 Item #9 Page 17 of 90
SECTION 11: Maximum Water Meter Size
No water meter larger than a two-inch (2") meter shall be installed on any lot, or to any
customer, except upon approval and consent of the Public Works Director.
SECTION 12: Construction Meters
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
CMWD may connect a construction meter to any fire hydrant, service connection upon proper
application. The cost for a construction meter shall be comprised of a deposit fee and a rental
fee. The deposit fee will be refunded after the meter is returned in good working order
complete with fittings, and all bills pertaining thereto are paid. The meter will be installed and
removed by authorized CMWD or City of Carlsbad 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 Standard Water
Rate, including delivery charges. An additional fee will be charged upon each request to have a
construction meter relocated.
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.
SECTION 13: Fire Protection Meters
A fire protection meter shall be installed on commercial and industrial buildings and when
required by the City's Fire Marshall on residential units. The purpose ofthe fire protection
meter is to monitor if any water has been used from the fire protection line. The fire protection
meter is only charged a meter fee. No connection fees apply.
SECTION 14: Meter Installation Charges
Applicants for installation of water meters shall pay installation charges as set from time to
time by a resolution of the Board. In the event a customer has an installed meter but wishes to
exchange it for another smaller size meter, he shall receive a rebate of the difference between
the charges for the larger and smaller meter in effect at the time the original meter was
installed; but, if he substitutes a larger meter for a smaller meter, he shall pay the difference
between the current charges for the smaller meter and the larger meter.
SECTION 15: Repairs by CMWD
All water and recycled water meters are the property of the CMWD and the CMWD will
maintain and repair them when in its judgment such repairs are needed.
Dec. 10, 2019 Item #9 Page 18 of 90
SECTIO.N 16: 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.
SECTION 17: Connection -Liability for Damage
When any person connecting a water service pipe to the property side of a meter uses water
for testing the pipes, he or she 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 CMWD 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 connection, must be paid by the
person to the CMWD on demand.
SECTION 18: 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 meter resulting from an intentional act, carelessness or negligence of the customer, or
anyone employed by him, and any damage which may result from hot water or steam from a
boiler, or otherwise, shall be paid for by such customer to the CMWD on presentation of a bill
therefore; and in case such bill is not paid, the water shall be shut off from the premises
without further notice, and the same shall not be turned on until all charges are paid.
SECTION 19: 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 CMWD or City of Carlsbad's Maintenance and Operation Department. Such
permission shall be granted only for the purpose of tests, replacements, repairs to meter or
service pipes, readjustments of service, or similar emergency.
ARTICLE V
CONNECTIONS AND INSTALLATIONS OF SERVICE
SECTION 1: Shut Off Valve for CMWD
There shall be an angle meter stop valve installed on the immediate upstream side of the meter
which angle meter stop valve shall be paid for by the customer but shall be the property of the
CMWD, and shall be for exclusive use and under its exclusive control.
SECTION 2: Shut Off Valve 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.
Dec. 10, 2019 Item #9 Page 19 of 90
SECTION 3: 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
ten feet parallel to any service connection, water pipeline or meter of the CMWD without
obtaining prior approval from CMWD. Under no circumstance shall a sewer pipe or gas pipe or
any other service pipe be installed closer than two feet clear from the service connection, water
pipeline or meter.
SECTION 4: Repairs to Water Pipelines, Meters, and Service Connections
The CMWD shall, at its own expense, make all repairs necessary to water pipelines, meters and
service connections. The CMWD 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 therefore.
SECTION 5: Shutting Off Water or Recycled Water for Repairs
The CMWD reserves the right to shut off the water or recycled water supply from any premises
at any time without notice, for the purpose of making repairs, extensions or other necessary
purposes, or for any infraction of this ordinance.
SECTION 6: 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 CMWD, directly into any stationary steam boiler, hydraulic elevator, power pump or similar
apparatus. If a customer desires water from the CMWD to be used in any stationary steam
boiler, hydraulic elevator, power pump or similar apparatus, the customer must first apply
therefore in writing to the CMWD, and if granted by the Board, such customer must provide a
tank or reservoir of such capacity as is required by standard practice. 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 his/her designee.
SECTION 7: Right-of-Way Application for Service--Form
Before any water will be supplied by the CMWD to any person which requires a connection
from the CMWD water pipeline on any real property, the owner or occupant of the property
shall make a written application for such service and service connection, upon submittal of a
"Right of Way" permit application provided by the CMWD at the City of Carlsbad's Engineering
Department.
SECTION 8: Connection to Water Pipelines Upon Compliance
Upon the applicant for water service having complied with all the requirements relating to
written application for service, the CMWD will cause the property described to be connected
with the water pipeline, subject to the provisions of this ordinance and the rules and
regulations of the Board.
Dec. 10, 2019 Item #9 Page 20 of 90
SECTION 9: Multiple Service Connection and Meter and Multi-Ownership Building
No water shall be served to two or more parcels of property separately owned through a
common service connection and meter.
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.
When a multi-ownership residential, commercial and industrial unit 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 required and 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 one 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 provided,
however, 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 Director allows 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 placing
future unit owner's on notice that each and every residential or commercial/office unit in the
building on the property is served by a single service connection and meter, 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 CMWD for the respective building occupied by the multi-ownership, the
CMWD may at its discretion shut off the water service to such multi-ownership building in
accordance with CMWD adopted rules and regulations. In addition, a multi-ownership building
with a single service line and meter is required to install a private sub-meter for each separately
established residence or business.
SECTION 10: Discontinuance of Service Upon Written Notice
Service will be discontinued and water service shut off by the CMWD within forty-eight hours of
receiving written notice to discontinue water service.
SECTION 11: 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 CMWD or City of Carlsbad.
SECTION 12: Use of Water by 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.
Dec. 10, 2019 Item #9 Page 21 of 90
SECTION 13: 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 customer without written approval of the Public Works Director.
SECTION 14: Customer to Accept Service Conditions
All applicants for service connections or water service shall be required to accept such
conditions of pressure and service as are provided by the distributing system at the location of
the proposed service connection, and to hold the CMWD or City of Carlsbad harmless from all
damage arising from low pressure or high pressure conditions or interruptions of service.
SECTION 15: Violations
It is unlawful for any person to violate any provision or fail to comply with any of the
requirements of this Article. Any person violating any of the provisions or failing to comply with
any of the provisions of this Article shall be guilty of a misdemeanor and shall be punished by a
fine of not more than one thousand dollars or by imprisonment in the county jail for a period
not exceeding six months, or by both.
SECTION 16: Severability
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article 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 Article 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.
ARTICLE VI
EXTENSION OF WATER OR RECYCLED WATER PIPELINE AND OTHER CMWD FACILITIES
SECTION 1: Excess Capacity
Excess capacity for the purpose of this Ordinance, is defined to mean only that excess capacity
resulting from the construction of pipelines or facilities larger than those required by the
applicant for extension under existing CMWD standards now or hereafter adopted.
SECTION 2: Application -Generally
Any person may apply to the Executive Manager of the CMWD for the installation of water
pipelines and fire hydrants and other appurtenant facilities to be constructed either in public
streets, alleys or private property; however, nothing herein contained shall be construed to
modify any provision of the subdivision section hereinafter set forth, which requires the
subdivider to make certain improvements within a subdivision and bear the cost thereof.
Dec. 10, 2019 Item #9 Page 22 of 90
SECTION 3: Application -Contents
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 complied with.
SECTION 4: Size of Water Pipeline Extension
All water pipeline extensions will be installed in sizes best suited to the requirements and full
development of the CMWD water system as determined by the Public Works Director. In no
event will a water pipeline or recycled water pipeline extension be less than six inches in
diameter.
No property shall be connected to a CMWD water or recycled water pipeline which is of
inadequate size to meet the requirements and full development of the CMWD water system as
determined by the Public Works Director.
SECTION 5: Determination of Adequacy of Size and Necessity by Executive Manager;
Contract between Applicant and CMWD; Reimbursement of Applicant for
Additional Cost
The Public Works Director for the CMWD shall determine if the size of such proposed water
pipeline is adequate to serve the intended use of applicant; further, the Public Works Director
shall determine if there is other property within the CMWD 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 Public Works Director 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 CMWD may be supplied with
water or recycled water through such pipeline, then the Executive Manager shall recommend
to the Board that a reimbursement agreement be entered into between applicant and the
CMWD providing for the construction of such water or recycled water pipeline with excess
capacity and establishing a reimbursement procedure and schedule for the additional costs
incurred by building such water or recycled water pipeline with such excess capacity.
SECTION 6: Determination of Materials to be Used and of Additional Cost of Pipelines
The quality of the materials of the water pipeline, hydrants, and other facilities in connection
therewith shall be determined by the Public Works Director, who shall give due regard to the
Dec. 10, 2019 Item #9 Page 23 of 90
potential water service development in the territory that can reasonably be served by the
extended water pipeline. The Executive Manager shall determine the amount of money
necessary to cover the cost of construction of such water pipeline and shall determine the
excess cost as herein below provided, if any, over and above the cost of a standard size water
pipeline facility sufficient to serve applicant's immediate need and use.
SECTION 7: Payment of Proportionate Cost of Water or Recycled Water Pipeline Prior to
Connection
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 proportionate
share of the cost of the water or recycled water pipeline according to the terms, schedules, and
conditions hereinafter set forth.
SECTION 8: 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 and directly related incidental costs,
shall be included plus any overhead for managing the construction contract. The Executive
Manager shall make the final decision, subject to Board approval of the reimbursement
agreement, 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 CMWD system
requirements. Any right to reimbursement hereunder, or pursuant to contract, shall expire in
accordance with the time specified in the reimbursement agreement or ten years after the
pipeline or facility has been accepted by the CMWD; provided, however, payment shall only be
made to the applicant, or designee, at such address as shall have been filed with the CMWD, by
the applicant for such purpose. No interest shall accrue to applicant pursuant to this Section, or
under any contract entered into pursuant thereto. In no event shall the CMWD be liable or in
any way responsible for failure to collect such connecting fees, or for failure to pay any money
to applicant.
SECTION 9: Easements to be Provided; Title Insurance Policy; Construction Costs to be
Deposited
If a reimbursement agreement is entered into between applicant and the CMWD, applicant
shall provide easements in the event the water or recycled water pipeline or facilities lie
outside public property, and shall provide a Title Insurance Policy showing that granter has the
valid title to grant such an easement. Such easement shall be subject to the approval of the
General Council for the CMWD for legal adequacy and shall be subject to the approval of the
Public Works Director and Executive Manager in all other respects. If applicant desires that such
water or recycled water pipeline be extended or such water or recycled water pipeline and
facilities be constructed by the CMWD and the Executive Manager recommends that the
CMWD construct such facilities, which recommendation is approved by the Board, then, in that
event, applicant shall deposit with the CMWD such sum of money as the Executive Manager
Dec. 10, 2019 Item #9 Page 24 of 90
shall determine to be necessary in order to construct the improvements specified in the
reimbursement agreement.
SECTION 10: Source of Reimbursement
The CMWD shall reimburse the applicant only from either the water connection fee fund or the
water replacement fund, subject to availability of funds, and the CMWD's responsibility shall be
no greater than as set forth in this Ordinance.
SECTION 11: Improvements Constructed Under the Improvement Act of 1911-CMWD's
Participation
If any of the improvements, which would otherwise qualify as above set forth, are constructed
through a 1911 Act of Improvement District as defined in the Improvement Act of 1911,
Division 7 of the Streets and Highways Code, the CMWD will agree to pay to the owner or
owners of the 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 Ordinance.
SECTION 12: Time Limit for Recovery
Any funds mailed to applicant or designee which are returned, or where the check, voucher or
other payment remains uncashed for one year after such mailing, shall revert to the CMWD's
water connection fee fund or water replacement fee fund as appropriate, and shall not be
recoverable by applicant.
SECTION 13: Agreement between CMWD and Contributor for Repayment of Off-Site
Improvement
The Executive Manager is empowered to prepare a reimbursement agreement to be entered
into by the person who constructs off-site water or recycled water pipeline extensions and the
CMWD. Such agreement shall provide that the CMWD will refund to the persons who paid for
the cost of the water or recycled water pipeline extension all pipeline fees. The agreement shall
be limited to a fifteen-year period from and after the date of signing. The CMWD shall not be
liable to the subdivider for such moneys in the event that the collection of the charge is
prevented by judgment or order of court, or in the event that such moneys are not collected
due to inadvertence or neglect of the officers or employees of the CMWD or City of Carlsbad.
SECTION 14: Water or Recycled Pipeline Extensions within Subdivisions
Subdividers shall be required to install water or recycled water pipeline extensions to all
property within the subdivision. When such water or recycled water pipeline extensions 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 ofthe
subdivision or in streets that are immediately adjacent to the external limits of such subdivision
with the following exception:
When a subdivider is required to install a water or recycled water pipeline extension in excess
of his requirements for continuity and full development of the CMWD water system, as
determined by the Public Works Director, then the CMWD will contribute for the additional
Dec. 10, 2019 Item #9 Page 25 of 90
costs required to construct the water or recycled water pipeline in excess of eight inches in
diameter.
Subdividers shall be required to extend to the external limits ofthe subdivision all water and
recycled water pipelines placed in and about the subdivision by the subdivider. The subdividers
may enter into a reimbursement agreement with the CMWD as outlined heretofore for such
other off-site portions of the water or recycled water pipeline extensions they must install for
the subdivision.
SECTION 15: Water or Recycled Water Pipeline Extensions for Length of Property Frontage
A subdivider, contractor, or individual developer shall be required to install a water or recycled
water pipeline extension to the external limits of his property line along the entire front of his
property abutting upon the water or recycled water pipeline extension; except, when such
person is the owner of a large undeveloped frontage, then in that event, the owner shall be
required to install the water or recycled water pipeline extension for a minimum frontage of
seventy-five feet; provided, that all of the following conditions prevail:
(1) That the portion of the property being connected to the water or recycled water
pipeline shall totally contain the residence of the owner, together with sufficient side yard
setbacks as required by applicable zoning law;
(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 zoning laws.
ARTICLE VII
ESTABLISHING FEES FOR ENGINEERING SERVICES
SECTION 1: The Engineering Service Fees shall be established by resolution of the Board of
Directors of the CMWD and are for the purpose of defraying the cost of processing review,
approval, and inspection of potable water and recycled water facilities, including pipeline and
service line installation, replacement and relocation, easements and quitclaims in connection
with the development review process of the City of Carlsbad:
1. Policy. The City of Carlsbad's Engineering Department shall provide plan checking
services for potable and recycled water facilities to be constructed and added to the systems of
the CMWD at a charge of estimated cost of providing such services.
2. 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 fifteen percent (15%) contingency based on
current City of San Diego Bond Unit Prices, as determined by the Public Works Director or
his/her 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 CMWD.
3. Private Onsite Irrigation System. The private onsite irrigation system for a proposed
development shall be plan checked by the City's Planning Department and Engineering
Dec. 10, 2019 Item #9 Page 26 of 90
Department. A plan check fee shall be paid to cover the City's cost to review and approve the
plans of the private onsite irrigation system. The County of San Diego Environmental Health
Department also will review all private onsite 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 construction drawings and City's application form.
SECTION 2: Adjustment of Fees by Resolution
The City of Carlsbad's Finance Department, on behalf of CMWD, 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 construction cost index for Los Angeles.
SECTION 3: When Paid
All fees to review improvement plans, easements or quitclaims are paid upon initial submittal
to the City of Carlsbad. For improvement 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 Valuation, 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 to pay the balance of plan check fees or receive a refund for excess fee paid,
depending on the Valuation change.
Prior to issuance of a right-of-way permit to construct the improvements, the Applicant shall
pay inspection fees that cover the inspection of CMWD improvements.
ARTICLE VIII
FIRE HYDRANTS
SECTION 1: 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 CMWD and City of Carlsbad Fire Department
or such persons as shall be authorized to do so by the Executive Manager of the CMWD.
SECTION 2: 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
construction meter. The CMWD will make the necessary connections and install a meter of
required size upon payment of a deposit fee and a rental fee in effect at the time of issuance of
water meter permit.
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SECTION 3: 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 CMWD or the Fire Chief of the City of Carlsbad any leaks or breaks
or damage to the fire hydrant immediately upon discovery.
SECTION 4: 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.
SECTION 5: 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 CMWD water pipeline to the above ground double check valve
assembly or approved check valve and backflow preventer assembly.
ARTICLE IX
CROSS-CONNECTION CONTROL PROGRAM
SECTION 1: Purpose of Provisions
The purpose of this Article is to:
{1) Protect the public water supply against actual or potential contamination through cross-
connections 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;
(2) 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 and recycled systems.
SECTION 2: Adopted by Reference
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
implementation of the cross-connection program and provisions for backflow protection,
testing 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.
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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.
The California Regional Water Quality Control Board, San Diego Region, issues Orders that
regulate recycled water use site conditions and inspection requirements within CMWD. All
requirements of the current Order shall be deemed part of this Article.
SECTION 3: Backflow Prevention Assembly Removal
Approval must be obtained from the CMWD before a backflow prevention assembly is removed
or relocated.
(1) The use of an assembly may be discontinued and the assembly removed from service
upon presentation of sufficient evidence to the CMWD to verify that a hazard no longer
exists or is not likely to be created in the future. The CMWD shall make the
determination of whether a hazard exists.
(2) An assembly may be relocated following confirmation by the CMWD that the relocation
will continue to provide the required protection and satisfy installation requirements. A
retest, performed at the customer's cost, will be required following the relocation of the
assembly.
(3) 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 CMWD. A
retest, at the customer's cost, will be required following the repair of the assembly.
(4) 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 assemblies must be approved by the CMWD.
SECTION 4: Site Supervisor
(1) At each premise where recycled water is used or where it is necessary in the opinion of
the CMWD, 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.
(2) The site supervisor shall attend CMWD 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 trainings will be required to be available during the annual walk
through inspection.
(3) In the event of the potential for contamination or pollution of the either the public or
the customer's potable water system due to a cross-connection on the premises, the
CMWD shall be immediately notified by the site supervisor so that appropriate
measures may be taken to overcome the contamination.
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(4) The customer shall inform the CMWD of the site supervisor's identity (name, address
and telephone number) on an annual basis and whenever a change occurs.
(5) Failure to comply with site supervisor requirements may result in discontinuance of
water service.
SECTION 5: Water System Survey
(1) Backflow prevention assemblies will be required per the current edition of the 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 ordinance upon
installation at the customer's cost. The test must meet passing criteria as stated in
Section II ofthis ordinance.
(2) The CMWD may require an on-premise 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-premise inspection of his piping system shall be required to install the backflow
prevention assembly the CMWD considers necessary.
(3) The Public Works Director may, at his/her discretion, require a re-inspection for cross-
connection hazards of any premise to which it serves water. The CMWD will transmit a
written notice requesting an inspection appointment to each affected customer. Any
customer who cannot or will not allow an on-premise inspection of their piping system
shall be required to install the backflow prevention assembly the Public Works Director
considers necessary. In addition, the CMWD may use any lawful procedure to enter and
inspect any premises.
SECTION 6: Customer Notification-Assembly Installation
(1) The Public Works Director will notify the customer of the survey findings, listing the
corrective actions to be taken if any are required. A period of thirty days will be given to
complete all corrective actions required including the installation of backflow
assemblies and passing test results submitted to the CMWD. Backflow assembly
installation standards will be in accordance with the current edition of the City of
Carlsbad 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 thirty calendar days allowed.
The second notice will give the customer a two-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 action as prescribed in the first two notices. The final notice will give the
customer ten days to take the required action. If the customer fails to complete the
corrective action within the ten-day period, the CMWD 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.
Dec. 10, 2019 Item #9 Page 30 of 90
SECTION 7: Retrofitting Fire Protection Systems with Backflow Prevention Assemblies
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
assembly (DCDA) the CMWD 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
requirements from the underground fire service supply line;
(3) When a leak is detected in the underground backflow swing-check valve, requiring
replacement;
(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
retrofitted with approved backflow prevention assemblies.
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.
The CMWD shall determine the degree of hazard to determine whether the fire service is
retrofitted with a DCDA or an RPDA.
Detector assemblies will be installed per the current edition of the City of Carlsbad Engineering
Standards.
SECTION 8: Customer Notification-Testing and Maintenance
(1) The Public Works Director will notify each affected customer in writing thirty 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 the customer with the necessary form to be completed and resubmitted to the
CMWD. The customer shall have a certified tester perform the test and document the
results of the testing on the prescribed form. The customer is responsible to ensure
that the completed form is returned to the CMWD 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
prevention assembly tested as prescribed in the first notice within the thirty-calendar
day period allowed. The second notice will give the customer a two-week period to have
the backflow prevention assembly tested with passing test criteria.
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(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 two notices. The final notice will
give the customer ten days to have the backflow prevention assembly tested with
passing criteria. If no action is taken within the ten-day period, the CMWD 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 CMWD has been notified by an approved tester that they have
been contracted to perform the backflow assembly test. The CMWD 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 within 5 business days or
water service will be discontinued, with all applicable fees being reapplied.
SECTION 9: Water Service Termination
(1) When the CMWD 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 CMWD water service.
(2) Conditions or water uses that create a basis for water service termination shall include,
but are not limited to the following items:
(a) Refusal to install a required backflow prevention assembly;
(b) Refusal to test a backflow prevention assembly;
(c) Refusal to repair a faulty backflow prevention assembly;
(d) Refusal to replace a faulty backflow prevention assembly;
(e) Direct or indirect connection between the public water system and a sewer line;
(f) Unprotected direct or indirect connection between the public water system and
a system or equipment containing contaminants;
(g) Unprotected direct or indirect connection between the public water system and
an auxiliary water system;
(h) A situation which presents an immediate health hazard to the public water
system.
(3) For conditions (a), (b), (c) or (d), the CMWD will terminate service to a customer's
premise after three 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 CMWD and payment
received for all applicable fees associated with water service termination.
(4) For conditions (e), (f), (g) or (h), the CMWD 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 CMWD and
payment received for all applicable fees associated with water service
termination.
SECTION 10: Requirements for Backflow Prevention Assembly Testers
(1) Competency in all phases of backflow prevention assembly testing and repair must be
demonstrated by means of education and/or experience in order to obtain certification.
(2) The following are minimum requirements:
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a. Applicants shall hold and submit a copy to the CMWD of a valid backflow
prevention assembly 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 CMWD
and the California Department of Public Health.
b. All backflow testers shall submit to the CMWD current gauge calibration
certificates for test kits to be used within the CMWD 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/her.
(3) A tester may have his/her testing privileges revoked or suspended by the CMWD for
improper testing, repairs and/or reporting.
SECTION 11: Recycled Water Use
(1) Recycled water use sites inspections 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 CMWD.
(2) The recycled water user shall provide the CMWD with an accurate set of controller
charts. The 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.
SECTION 12: Fees
Fees to implement, maintain, administer and enforce this chapter shall be established by
resolution of the CMWD Board.
SECTION 13: Violations
It is unlawful for any person to violate any provision or fail to comply with any of the
requirements of this Article. Any person violating any of the provisions or failing to comply with
any of the provisions of this Article shall be guilty of a misdemeanor and shall be punished by a
fine of not more than one thousand dollars or by imprisonment in the county jail for a period
not exceeding six months, or by both.
SECTION 14: Severability
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article 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.
ARTICLE X
ESTABLISHING PROCEDURES FOR WORK IN THE CMWD RIGHT-OF-WAY
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SECTION 1: Title
This article may be cited as the "Right-of-Way Permit" and "Encroachment Agreement."
SECTION 2: Definitions
The following words shall have the following meanings and set out in this article
(a) "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 CMWD right-of-way.
(b) "Right-of-Way" means any CMWD real property easement, CMWD interest in
real property or public utility easement used by the CMWD.
(c) "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 a CMWD right-of-way.
(d) "Specification" means the Standard Specifications used for public works
construction (current edition including supplements) written and promulgated by the Southern
California Chapter of American Public Works Association and Southern California District
Associated General Contractors or California Joint Cooperative Committee and published by
Building News Incorporated or other such specifications noted on approved plans including
CMWD standard drawings and specifications.
(e) "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.
SECTION 3: Public Works Director's Authority and Responsibilities
This article shall be administered by the City 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 article including the certification of completed applications, the
approval of plans, the establishment of files, collection of fees and security deposits;
(b) Interpret provisions ofthis article and advise the public regarding requirements
for plans, specifications, and special provisions for facilities or encroachments subject to the
provisions of this article;
(c) Establish the format and content of plans and standards governing work on
facilities or encroachments pursuant to the provision of this article;
(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 protect CMWD facilities, persons or
property.
Dec. 10, 2019 Item #9 Page 34 of 90
SECTION 4: 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 excavation or opening, fill or obstruction in, over,
along, across, or through any CMWD right-of-way for any purpose whatsoever;
(b) Construct or repair or cause to be constructed or repaired any curb, sidewalk,
gutter, curb with integral gutter, drive approach, driveway, alley approach, spandrel and cross
gutter, wheelchair ramp, structure, planter, wire, pipe, or vault over, along, across, overhanging
or through any CMWD right-of-way;
(c) Plant, any tree, plant shrub or flower within any CMWD 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 CMWD right-of-way, except
for drainage by controlled surface flow.
(e) Modify, alter or deface any block wall on or adjacent to a CMWD right-of-way.
(f) Enter into or exit from any CMWD right-of-way at any location not approved and
constructed as a driveway.
SECTION 5: Application for Right-of-Way Permit or Encroachment Permit
(a) Any person proposing to do any of the acts described in Section 4 of this article
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 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;
(2) Require removal of the encroachment by the permittee upon reasonable
demand by the Public Works Director;
(3) Allow the CMWD to remove the encroachment and place a lien on the
property if the permittee does not remove the encroachment in a reasonable time period;
(5) Allow for the removal of the encroachment by the CMWD during the
performance of any emergency repairs without liability to the CMWD for damages;
(6) Require adequate security of performance of such promise;
(7) Require indemnification of the CMWD in accordance with Section 16 of
this ordinance;
(8) Be in a form acceptable to the General Counsel.
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SECTION 6: Permits--Requirements of Plans
If, in the opinion of the Public Works Director, the work proposed to be done requires
the making of plans or setting of stakes, or both, the Public Works Director may require the
application to be accompanied by the necessary plans, which plans shall be prepared by a
competent engineer licensed by the California Department of Consumer Affairs. The plans shall
be reviewed by the Public Works Director or designee and shall pay the necessary fees in
accordance with Article VIII. The Applicant shall bear all costs to prepare and process said plans.
SECTION 7: Permits-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 ordinance may be limited to a period of time as
specified in the permit.
SECTION 8: Permits-Requirements for Performance of Work
(a) The permittee shall perform the work in a timely manner, in accordance with
applicable plans, specification and CMWD standards and to the satisfaction of the Public Works
Director.
(b) No person shall cause any improvement or appurtenant work to be performed
on any CMWD right-of-way by any person other than a licensed contractor or a public utility.
(c) All work shall be inspected by the representative as follows:
(1) No person shall prevent or obstruct the CMWD representative in making
any inspection authorized by this ordinance or in taking any sample or in making any test;
(2) Inspection requests must be made with twenty-four hour notice to the
CMWD.
(3) All work not in conformance with approved plans and specifications is
subject to rejection by the CMWD.
(4) Request for final inspection shall be made in writing.
(d) As the work progresses, the CMWD 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 existing 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 CMWD may proceed with
cleanup and removal of the material or obstruction in accordance with procedures identified in
Section 14 of this article.
SECTION 9: Permits-Acceptance of Work
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 ordinance and the permit, he shall
issue a certificate of acceptance, which shall contain a statement of the location, nature, and
extent of the work performed under the permit.
Dec. 10, 2019 Item #9 Page 36 of 90
SECTION 10: Permits-Denial and Revocation
(a) The CMWD may deny the issuance of a right-of-way permit to any person who
refuses or fails to comply with the provision of this ordinance, who is indebted to the CMWD
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 5.
(c) Any permittee found in violation of the conditions of permit or the provisions of
this ordinance shall be given a written notice to comply, stipulating the violation. Upon receipt
of the notice to comply, the permittee shall take action to correct the condition of violation
within the period stipulated in the notice. If, within the period, appropriate measures have not
been implemented, the CMWD may revoke the permit and take any measures required to
secure the work site or return the work site to its original condition. The cost of such 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 provisions of this ordinance.
(e) The Public Works Director shall require, as a condition of the permit,
reinstatement of payment of all charges incurred by the CMWD as a result of permit revocation
including a five hundred dollar ($500) penalty for violation of the provisions of this article.
SECTION 11: 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 permit may appeal to the Board of
Directors by filing a notice of appeal with the Secretary of the Board within ten calendar days
after the date 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 amount established by
resolution of the Board of Directors. The decision of the Board of Directors shall be final.
(b) The Secretary shall thereupon fix a time and place for hearing such appeal. The
secretary shall give notice to the appellant and applicant/permittee ofthe 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 of Directors shall have the authority to determine all questions raised
on such appeal.
SECTION 12: Encroachment and Right-of-Way Application and Permit Fees
Encroachment application and right-of-way permit fees shall be charged by the CMWD 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 CMWD, for the purpose of
defraying the cost of processing an application, issuing the requested permit, inspection of
Dec. 10, 2019 Item #9 Page 37 of 90
works completed under the permit and other costs of administrating this ordinance. The fees
shall be paid at the time of application.
SECTION 13: 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 bond
amount. The cash deposit may be used at the discretion of the Public Works Director to provide
for restoration of CMWD 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
determines necessary. 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, until
such deficiency is paid in full, no other permit shall be issued to such permittee.
SECTION 14: Placement of Materials or Obstruction of CMWD Right-of-Way
(a) No person shall place or maintain any material or any obstruction or impediment to
travel in or upon any CMWD Right-of-Way without a permit to do so.
(b) Persons violating provisions of this Section 8(d), or Section lS{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
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 twenty-four hours after receipt of such notice and diligently prosecuted
(without interruption) to completion, the CMWD shall cause such work to be done, in which
case the cost and expense of such work, including incidental expenses incurred by the CMWD,
will be assessed against the property or against each separate lot and become a lien upon such
property.
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(d) If upon the expiration of the twenty-four 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 CMWD may proceed to remove the encroachment immediately and without notice to the
owner if removal of the encroachment is necessary to make emergency repairs to CMWD
facilities.
(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 thereof, together with a legal description of the property against which cost is to be
assessed. 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
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 of Directors shall
hear and consider the Public Works Director's report and all protests, ifthere 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 of Carlsbad Finance Department for collection. If any assessment is not paid within ten
days after its confirmation by the Board of Directors, the secretary 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. __ ), the Carlsbad Municipal
Water District did on the _____ day of ____ _, 20_, cause maintenance and
report work to be done in the CMWD 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. ___ assess the cost or portion of the cost thereof upon the
real property hereinafter described, and the same has not been paid nor any part thereof, and
the Carlsbad Municipal Water District does hereby claim 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
recordation 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
follows:
(Description of property)
Dated this ___ day of ___ ~ 20 _
Secretary ofthe Board, Carlsbad Municipal Water District
*
(h). From and after the date of record 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
Dec. 10, 2019 Item #9 Page 39 of 90
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 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 thereafter be created against the property. From and after
the date of record at ion of such notice of lien, all persons shall be deemed to have notice of the
contents thereof
SECTION 15: 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 ordinance, 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 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 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 Director may proceed under Section 14 of this Article.
(b) The CMWD 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 CMWD right-of-way.
SECTION 16: Holding CMWD Harmless--lnsurance
The applicant for a permit, as a condition to receiving a permit shall sign a statement that he
agrees to indemnify and hold harmless the CMWD and each officer and employee thereof, 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 CMWD as an additional insured under the insurance policy. The insurance shall be
provided by a company satisfactory to the Risk Manager. Any deductible or self-insured
retention under the insurance policy shall be in amount acceptable to the Risk Manager.
SECTION 17: CMWD Not Liable for Damage to Encroachment or Encroachment Area
The CMWD 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 ofthe CMWD's construction, use, repair, replacement or
relocation of any CMWD facilities within the right-of-way.
SECTION 18: Exemptions
The CMWD and its employees, acting in their official capacity, are exempt from the
requirements set forth in the ordinance.
Dec. 10, 2019 Item #9 Page 40 of 90
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the
district secretary shall certify to the adoption of this ordinance and cause it or a summary of the
ordinance prepared by the city attorney 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 Special Meeting of the Carlsbad Municipal
Water District Board of Directors on the 10th day of December 2019, and thereafter;
PASSED AND ADOPTED at a Special Meeting ofthe Board of Directors of the Carlsbad
Municipal Water District, on the __ day of ____ _, 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
General Counsel
MA TT HALL, President
ATTEST:
Barbara Engleson, Secretary
(SEAL)
Dec. 10, 2019 Item #9 Page 41 of 90
Exhibit 2
ORDINANCE NO. 45
AN ORDINANCE OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT (CMWD), CARLSBAD, CALIFORNIA,
TO DEFINE AND ESTABLISH PRICES AND CONDITIONS OF WATER
DELIVERY; TO PROVIDE METHOD OF ESTABLISHING AND FIXING
RATES AND CHARGES FOR WATER DELIVERED; TO PROVIDE
METHOD FOR EXTENSION OF CMWD FACILITIES; REGULATING
THE ISSUANCE OF WATER METERS; ESTABLISHING PROCESS
AND FEES FOR ENGINEERING SERVICES RELATED TO LAND
DEVELOPMENT; DEFINING METERS AND FIRE HYDRANTS, WATER
EFFICIENT LANDSCAPING; CROSS CONNECTION CONTROL
PROGRAM; ESTABLISHING PROCEDURES FOR WORK IN CMWD
RIGHT-OF-WAY; AND REPEALING ORDINANCES 26, 29, 37 1 39, 40,
AND 42.
WHEREAS, Carlsbad Municipal Water District, hereinafter called CMWD, is
organized under the Municipal Water District Law of 1911, Division 20 ( commencing with
Section 71000) of the California Water Code; and
WHEREAS, on April 25, 1989, the City of Carlsbad adopted Resolution No. 89-
126 which established the CMWD as a subsidiary district to the City of Carlsbad effective
January 1, 1990, where the responsibilities for the City's water system were transferred
I to the CMWD; and
WHEREAS, the City of Carlsbad's water system was operated under its Municipal
Code Title 14 "Water" which does not apply to CMWD, but specific provisions from Title
14 concerning improvement plan review, water or recycled water meters, water or
recycled water service connections, service charges, water or recycled water pipeline
extensions and facilities, and cross connection control program need to be addressed in
a new CMWD Ordinance; and
WHEREAS, the Municipal Water District Law of 1911 provides the method by
which CMWD shall establish types and conditions of service, fix rates and charges,
provide a method of extension of facilities and repeal existing Ordinances as necessary;
and
WHEREAS, on June 4, 1996, by adoption of Resolution No. 939, the Board revised
the Delivery Charge basis, retained the "Commodity Charge" basis, revised the
Connection fee basis, established the reclaimed water Commodity charge, and reclaimed
water Connection fee; and
WHEREAS, on August 13, 1996, by adoption of Resolution No. 954, the Board of
Directors of CMWD eliminated the "New Demand Charge" applicable to Metropolitan
Water District of Southern California; and
Dec. 10, 2019 Item #9 Page 42 of 90
WHEREAS, on November 18, 2003, by adoption of Resolution No. 1194, the
Board of Directors of CMWD approved the 2003 CMWD Water Master Plan Update and
changed the CMWD Water Service Connection fee; and
WHEREAS, on November 18, 2003, by adoption of Ordinance No. NS-682, the
City Council for the City of Carlsbad approved CMWD Water Connection Fee annual
adjustment using Engineering News Record percentage change with the base index in
effect in December 2003, and modified Title 14 of the Municipal Code Chapter 14.16.120
Service Connection Charges; and
WHEREAS,· on June 14, 2005, by adoption of Ordinance No. 43, the Board of
Directors of CMWD mandated the use of recycled water and rescinded Ordinance No.
31;and
WHEREAS, present conditions render provisions in existing Ordinances No. 26,
29, 37, 39, 40 and 42 unnecessary; and
WHEREAS, the Board of Directors of CMWD deem it expedient, proper and
necessary to establish and define types and conditions of water delivery, provide method
of fixing rates and charges, provide for extension of facilities, establish procedure for work
in CMWD right of way, and repeal certain existing Ordinances.
NOW, THEREFORE, the Board of Directors of the CMWD of the City of Carlsbad,
California, hereby ordains as follows:
ARTICLE I -REPEAL
That Ordinances Nos. 26, 29, 37, 39, 40 and 42 are hereby repealed in their entirety.
ARTICLE II -GENERAL REGULATIONS
SECTION 1: Definitions
The following terms are defined for purposes of this ordinance:
1.1 "Applicant" means .a person who applies for water or recycled water service.
1.2. "Board" means Board of Directors of the Carlsbad Municipal Water District.
1.3. "City of Carlsbad" means a municipal corporation in the State of California.
1.4. "CMWD" means Carlsbad Municipal Water District.
1.5. "Connection" means the metered water or recycled water service connection
from a CMWD water or recycled water pipeline facility, respectively.
1.6. "Cost" includes labor, material, transportation, expense, supervision,
engineering and other necessary overhead expense.
1.7. "Customer" means any person to whom the CMWD supplies water or recycled
water service under a contract, either expressed or implied, to make payment
therefore.
1.8. "Delivery Charge" means the minimum monthly charge to a customer for
availability of service, the revenue from which enables the CMWD to maintain
Dec. 10, 2019 Item #9 Page 43 of 90
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.
1.9. "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 conformance with approved
standard drawings and specifications.
1.10. "Extension" means water or recycled water pipeline extension.
1.11. "Executive Manager" shall mean the position that reports to the Board of
Directors of the Carlsbad Municipal Water District.
1.12. "General Counsel" means the position that has been appointed by the Board
of Directors to advise on legal matters.
1.13. · "General Manager" means the position that reports to the Executive Manager
of the Carlsbad Municipal Water District and is responsible for the operation
and maintenance of the water system and recycled water system.
1.14. "Industrial or commercial" means any customer using water or recycled water
for a building or landscape irrigation of the site that is not a residential unit for
the purpose of producing goods or services other than the services of housing,
permanent or transient occupants.
1.15. "Legal or equitable owner" means any owner of record, mortgage trustee or
contract purchaser.
1.16. "Meter" means device to measure the amount of water or recycled water the
customer uses in units where one unit is 748 gallons.
1.17. "Pipeline" means an existing or proposed water or recycled water pipeline in
the water or recycled water distribution system, respectively of the CMWD.
1.18. "Public Works Director" means the Public Works Director of the City of Carlsbad
or his designated representative. 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.
1.19. l<Recycled water", sometimes referred to as reclaimed water, means water
obtained from the treatment of domestic waste water which 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 (use of recycled water for irrigation and for
impoundments), currently section 60304 and section 60305.
1.20. "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.
1.21. "Residential Unit" means any single family residential living unit which includes
but is not limited to the following: houses, duplexes, apartments,
condominiums, and mobile homes.
1.22. "Risk Manager" means the Risk Manager of the City of Carlsbad.
1.23. "Service Connection" includes the tapping of a CMWD water or recycled water
pipeline and the laying of a service line from the tapped connection on the
pipeline to the meter location.
1.24. "Water" means potable water fit for human consumption in accordance with
applicable State of California Department of Public Health (CDPH) standards.
Dec. 10, 2019 Item #9 Page 44 of 90
1.25. "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.
SECTION 2: 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 s.uch fact by contacting the Executive Manager.
SECTION 3: Adoption of Rules and Regulations
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 CMWD, 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 Ordinance, and
may from time to time by resolution prescribe rules for the extension of water or recycled
water pipelines within the boundaries and outside the boundaries of the CMWD.
The Executive Manager may, from time to time, issue rules and regulations to carry out
the purposes of this Ordinance.
SECTION 4: Failure to Comply with Rules and Regulations or Pay Rates; Penalty
On failure to comply with the rules and regulations established by the CMWD as a
condition precedent to the right to use the water or recycled water, or to pay rates or any
charges imposed, in the time and manner stated in this Ordinance, upon reasonable
notice, the water and recycled water will be shut off until payment of amount due including
a ten percent (10%) late fee is received by CMWD. Charges not paid after 44 days are
considered delinquent and are subject to additional fees. Charges will continue to accrue
until customer notifies the CMWD to discontinue service. CMWD may be notified in writing
or by calling the City of Carlsbad's Billing Division of the Finance Department. If the 1.vater
or recycled water bill remains unpaid after forty four (44) days follrn.ving the mailing date
of such bill; then the Executive Manager may cause the 111ater or recycled 1.-.iater service
to be shut off from the premises 1.-.ihere the delinquency occurs, and the same meter shall
remain shut off until all bills, plus any additional charges shall have been paid. If the
commercial potable water or the recycled water bill remains unpaid after forty-four (44)
days following the mailing 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. Subject to the provisions in CMWD's
Residential Potable Water Service Shutoff Protection Policy for Nonpayment of Charges ,
if the residential potable water bill remains unpaid after sixty (60) days following the
mailing 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 all bills plus any additional charges shall have been
paid. .
Dec. 10, 2019 Item #9 Page 45 of 90
SECTION 5: Turning Water or Recycled Water On and Off from Premises
No one except an authorized employee of the CMWD 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.
SECTION 6: Persons Not to Interfere with CMWD Water System
No person shall in any manner whatsoever meddle, tamper with, or interfere with any part
of the water or recycled water system of the CMWD.
SECTION 7: Entrance Upon Private Property by Employees of CMWD
Any authorized employee of the CMWD or 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 by the customer.
SECTION 8: Right of CMWD to Enter Premises, Install Meters and Enforce
Collection of Charges
Any authorized employee of CMWD or 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
CMWD 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.
SECTION 9: Interference with Inspection; Stoppage of Service; Notice Required
In case any authorized employee or agent of the CMWD or City of Carlsbad be refused
admittance to any premises supplied with water or recycled water by the CMWD, or on
being admitted he or she shall be hindered or prevented from making such examination
or inspection by any person, or for any reason thereto, the maintenance on such premises
of a vicious dog or animal, or for any other reason, the Executive Manager of the CMWD
may cause the service of water or recycled water of such premises to be discontinued,
after giving written notice to the owner or occupant thereof of his/her intention to do so.
SECTION 10: Service of Notice of Stoppage of Water or Recycled Water Service
Such notice as is provided for in Section 9 shall be deemed served upon the legal owner
or occupant thereof if it is mailed to his/her last known address, and a copy thereof mailed
to such premises if his/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.
SECTION 11: Length of Water or Recycled Water Service Stoppage
Dec. 10, 2019 Item #9 Page 46 of 90
Water or recycled water service may be discontinued until the customer or owner has
given satisfactory assurance to the Executive Manager that any such employee will not
be hindered or prevented from making such examination or inspection.
SECTION 12: Liability of CMWD to Damage from Break Beyond Meter
The CMWD 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 beyond the
meter connection.
SECTION 13: Responsibility for Damage Resulting from Turning Off Water or
Recycled Water
The CMWD 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 the shutting off of
water or recycled water.
SECTION 14: Unlawful Use of Water, Recycled Water, Facilities and
Appurtenances
It is unlawful for any person to 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 reservoir,
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 permission therefore as provided by this ordinance or in anywise to trespass
upon the public property of the CMWD without written permission first being obtained from
the CMWD.
SECTION 15: Bills for Labor, Materials
All bills for labor and materials furnished, or other charges not provided for otherwise,
shall become due and payable thirty days from date of mailing.
SECTION 16: Settlement of Disputes between Customer and CMWD
If a dispute arises between any water or recycled water customer and the CMWD
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 the
Executive Manager. The final decision and settlement of any such dispute shall be
recorded in the minutes of the Board.
Dec. 10, 2019 Item #9 Page 47 of 90
The provisions and procedures provided for in this section are permissive only and shall
in no way affect the other provisions of this Ordinance.
SECTION 17: No Mandatory Duty
Nothing in this Ordinance 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 independently of the provisions of this ordinance.
SECTION 18: Claims for Damage.
(a) No claim for injuries or damages against the CMWD 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) A claim relating to a cause of action for death or for injury to person or to
personal property or growing crops shall be filed not later than six months after the
accrual of the cause of action. A claim relating to any other cause of action shall be
filed not later than one year after the accrual of the cause of action.
ARTICLE Ill
RETAIL WATER AND RECYCLED WATER RATES, AND
COLLECTION THEREOF
SECTION 1: 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 CMWD requires at least 24 hours notice of water service
turn-on. If customer contacts the CMWD the same day that customer wants .service
turned on, then the customer will have an additional charge assessed on their next water
bill. If 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 CMWD on the
following normal working day.
SECTION 2: Continuity of Service Fee (Landlords Only)
The CMWD will provide a continuity of service fee option 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 CMWD. The water bill will be sent to the Landlord's address and the
Landlord will be billed for the Continuity of Service fee.
SECTION 3: Delivery Charge
Dec. 10, 2019 Item #9 Page 48 of 90
The CMWD 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.
SECTION 4: 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 a automatic fire extinguishing system, the Delivery Charge will be determined
according to the size of the meter necessary to meet the water use requirements for the
customer, as determined according to the rules of the CMWD, without consideration of
additional size necessary to provide the Delivery Charge. The Delivery Charge to provide
water for a automatic fire extinguishing system is required when (1) the automatic fire
extinguishing system is required by law, including any requirement imposed as a
condition of development, permit, or occupancy, and (2) 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
provision shall not apply to meters greater than one inch in size.
SECTION 5: 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 started.
SECTION 6: Delivery Charge Where House Becomes Vacant; Request for
Discontinuance of Service
If a single family residence becomes vacant, the regular monthly Delivery Charge shall
be charged and collected from the owner thereof; whether water is used or not; until the
day upon which the office of the CMWD is notified of the fact that the property is
unoccupied and is requested to shut off water therefrom.
SECTION 7: Rate Structure
The CMWD 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 the objectives established by the
Board.
Residential Water Rate -The Residential water rate is a tier rate per unit of water used
where one unit equals 748 gallons.
Commercial/Non-Residential -The Commercial/non-residential water rate is a flat rate
per unit of water used where one unit equals 748 gallons.
Dec. 10, 2019 Item #9 Page 49 of 90
. Agricultural Water Rate -The Agricultural water rate shall be in compliance 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 an Agricultural Water Rate,
that customer must comply with water supply reductions under CMWD's Ordinance 30
when the Board declares Stage 2 or higher water conservation stages.
The Recycled Water Rate -The Recycled water rate is a flat rate per unit of recycled
water used where one unit equals 7 48 gallons, and applies only to the delivery of recycled
water to the customer.
SECTION 8: Water Rates, Charges, and Fees to be Established by Resolution
The rates, charges, and fees for all water and recycled water delivered by CMWD shall
be fixed, and may be changed as necessary, by Resolution of the Board after following
the provisions required by the California Constitution. All water and recycled water bills
shall be due on mailing and must be paid by the due date printed on the water or recycled
water bill.
SECTION 9: Meter Readings and Billings
Meters shall be read and billings rendered on a monthly basis. 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.
SECTION 10: Service Charges to be a Lien Against Property of Consumer
. In addition to any other remedy provided for in this Article for the enforcement and
collection of any water and recycled water rates, charge, fee or account, all rates provided
for in this Ordinance shall be charged against the property on which it is furnished, and
against the 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 owner thereof and the occupant
thereof using the water. If for any cause any sums owing therefore 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 CMWD in an action brought by
the CMWD in any Court of competent jurisdiction for the amount of all such money as
_ may be due and unpaid, together with all penalties provided herein and costs. No change
of ownership or occupation shall affect the application of this Article. This section shall
not apply to non-permanent connections.
SECTION 11: Shutting Off Water on Supply Side of Meter
Upon the written request or call to the City's Billing Division of the Finance Department,
of the customer or occupant of a building or premises to have the water shut off on the
supply side of the meter, the CMWD 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.
Dec. 10, 2019 Item #9 Page 50 of 90
SECTION 12: 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 Article IV, Section 6, the 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 six months.
(b) Slow Meters: When, upon test, a meter is found to be registering slow beyond the
tolerances above set forth in Article IV, Section 6, the CMWD shall bill the customer for
the amount of the 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 three month average amount of water used during the
same period for the previous year. In the event there was no meter at this place during
the previous year, a charge will be made upon an estimate fixed by the CMWD, 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.
ARTICLE IV
METERS, SERVICE CONNECTIONS, CONNECTION FEES AND PAYMENT
THEREOF
SECTION 1: Service Connections in Public Right-of-Way or Easements
All water service connections shall be in conformance with CMWD standard specifications
and standard drawings in affect at the time the connection is installed; and all such
connections must be inspected and approved by the Public Works Director or his
designated representative before water is admitted through meters.
SECTION 2: 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 CMWD before being installed.
SECTION 3: Service Connection and Meter Ownership
The "Water/Sewer Connection Permit" shall note the date of connection for all service
connections, and upon this date the service connection will become the property of the
CMWD and the CMWD's responsibility to maintain. The meter will become the property
of the CMWD and the CMWD's responsibility to maintain upon its installation by CMWD
or its authorized agent.
SECTION 4: Charges for Replacement, Repairs or Adjustment Caused by
Negligence, Etc., of Customer, Non-Payment
Dec. 10, 2019 Item #9 Page 51 of 90
Where replacement, repairs or adjustments of any service connection or meter are
deemed necessary 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.
SECTION 5: Examination of Meters at Customer's Request -Deposit
Any customer may request that the meter, through which water or recycled water is being
delivered, be examined and tested by the CMWD or Maintenance and Operations
Department of the City of Carlsbad for the purpose of ascertaining whether or not it is
registering correctly the amount of water which is being delivered to it. Such request shall
be accompanied by payment of a deposit fee as established by resolution of the Board.
Upon receipt of such request, the Executive Manager will cause the meter to be examined
and tested for the purpose of ascertaining whether or not it is registering correctly the
water or recycled water being delivered through it.
SECTION 6: Examination of Meters at Customer's Request -Replacement of
Defective Meter; Forfeiture of Deposit
If, 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 therefore. If the meter is determined to be registering more water than actually
passes through it within the tolerances above set forth, the above deposit will be refunded
to the customer, but in the event the meter shall be found to be accurate or registering
less water than actually passes through it, the fee so deposited shall be forfeited to the
CMWD.
SECTION 7: Water Meter Permit
It i$ unlawful for any person to connect to or use the CMWD's water system without first
obtaining a Water Meter Permit. 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 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 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 at any time up<?n proper application.
Every Water Meter Permit issued pursuant to this subsection shall expire by limitation and
become null and void if work on the connection authorized by such permit is not
Dec. 10, 2019 Item #9 Page 52 of 90
completed within one hundred eighty (180) days from the date of issuance of such permit.
Reasonable extensions may be granted by the Executive Manager in writing.
SECTION 8: Water and Recycled Water Connection Fee
Applicants 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 connection is not required to pay San Diego County Water
Authority's water connection fee. When a water meter for a single family residential unit
is required to provide standby capacity for a 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 for the customer, as determined according to the rules of the
CMWD, 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
connection fee shall be adjusted annually by a resolution of the Board by the percentage
change in the Engineering News Record Los Angeles Construction Cost Index with the
base index in effect in December 2003, or subsequent resolution of the Board.
For all residential units, 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 at the time the recycled water irrigation
system has been tested by the City of Carlsbad's Cross connection specialist and
recycled water can be supplied to the irrigation system. Customer shall provide CMWD a
24-hour notice for the recycled water irrigation meter.
A credit on a water or recycled water connection fee will be made for the exchange of an
existing meter service for a new meter service, or relocation of a meter service. The credit
shall only apply to the water or recycled water connection fee. The credit amount shall be
based on the connection fee amount in affect at the time the exchange is made. No credit
shall be applied for exchange to a smaller meter.
SECTION 9: Minimum Water Meter Size for Buildings
(a) Residential Unit -For residential units the minimum size meter shall be 5/8", except
where the residential unit is larger than 3,500 square feet or on a lot larger than one
quarter (1/4) acre where the meter size shall be 3/4". Where there is a residential
automatic fire extinguishing system the minimum meter size shall be 1 ".
(b) Commercial and Industrial -For a commercial building, office condominium, and
industrial building 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 by the City of Carlsbad. In addition, for 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 capacity of each meter size and the capacity of
Dec. 10, 2019 Item #9 Page 53 of 90
the selected meter size shall be capable of conveying the peak supply demand calculated
in gpm for the building.
SECTION 10: Irrigation Water Meters
A meter and service connection used for landscape irrigation exclusively shall be installed
in accordance with CMWD standard specifications and drawings in affect at the time the
connection is made. The size of the irrigation water meter(s) and service connection shall
be determined by the landscape architect 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.
At locations where water is used for irrigation, then the water connection fees shall be
based on the CMWD connection fee and charges, and also include the San Diego County
Water Authority's connection fee applicable to the meter size. If recycled water is used,
then only the CMWD connection fee and charges shall apply. The San Diego County
Water Authority will refund their connection 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 Diego
County Water Authority' s "Capacity Charge Refund Request" form to CMWD for
verification to request the connection fee refund.
SECTION 11: Maximum Water Meter Size
No water meter larger than a two-inch (2") meter shall be installed on any lot, or to any
customer, except upon approval and consent of the Public Works Director.
SECTION 12: Construction Meters
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 CMWD may connect a construction meter to any fire hydrant, service
connection upon proper application. The cost for a construction meter shall be comprised
of a deposit fee and a rental fee. The deposit fee will be refunded after the meter is
returned in good working order complete with fittings, and all bills pertaining thereto are
paid. The meter will be installed and removed by authorized CMWD or City of Carlsbad
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 Standard Water Rate, including delivery
charges. An additional fee will be charged upon each request to have a construction meter
relocated.
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.
SECTION 13: Fire Protection Meters
Dec. 10, 2019 Item #9 Page 54 of 90
A fire protection meter shall be installed on commercial and industrial buildings and when
required by the City's Fire Marshall on residential units. The purpose of the fire protection
meter is to monitor if any water has been used from the fire protection line. The fire
protection meter is only charged a meter fee. No connection fees apply.
SECTION 14: Meter Installation Charges
Applicants for installation of water meters shall pay installation charges as set from time
to time by a resolution of the Board . In the event a customer has an installed meter but
· wishes to exchange it for another smaller size meter, he shall receive a rebate of the
difference between the charges for the larger and smaller meter in effect at the time the
original meter was installed; but, if he substitutes a larger meter for a smaller meter, he
shall pay the difference between the current charges for the smaller meter and the larger
meter.
SECTION 15: Repairs by CMWD
All water and recycled water meters are the property of the CMWD and the CMWD will
maintain and repair them when in its judgment such repairs are needed.
SECTION 16: 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.
SECTION 17: Connection -Liability for Damage
When any person connecting a water service pipe to the property side of a meter uses
water for testing the pipes, he or she must lea've 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
CMWD 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 connection,
must be paid by the person to the CMWD on demand.
SECTION 18: 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 meter resulting from an intentional act , carelessness or negligence of
the customer, or anyone employed by him, and any damage which may result from hot
water or steam from a boiler, or otherwise, shall be paid for by such customer to the
CMWD on presentation of a bill therefore; and in case such bill is not paid, the water shall
be shut off from the premises without further notice, and the same shall not be turned on
until all charges are paid.
SECTION 19: 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 CMWD or City of Carlsbad's Maintenance and Operation
Dec. 10, 2019 Item #9 Page 55 of 90
Department. Such perm1ss1on shall be granted only for the purpose of tests,
replacements, repairs to meter or service pipes, readjustments of service, or similar
emergency.
ARTICLE V
CONNECTIONS AND INSTALLATIONS OF SERVICE
SECTION 1: Shut Off Valve for CMWD
There shall be an angle meter stop valve installed on the immediate upstream side of the
meter which angle meter stop valve shall be paid for by the customer but shall be the
property of the CMWD, and shall be for exclusive use and under its exclusive control.
SECTION 2: Shut Off Valve 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.
SECTION 3: 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 ten feet parallel to any service connection, water pipeline or meter of the CMWD
without obtaining prior approval from CMWD. Under no circumstance shall a sewer pipe
or gas pipe or any other service pipe be installed closer than two feet clear from the
service connection, water pipeline or meter.
SECTION 4: Repairs to Water Pipelines, Meters, and Service Connections
The CMWD shall, at its own expense, make all repairs necessary to water pipelines,
meters and service connections. The CMWD 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 therefore.
SECTION 5: Shutting Off Water or Recycled Water for Repairs
The CMWD reserves the right to shut off the water or recycled water supply from any
premises at any time without notice, for the purpose of making repairs, extensions or
other necessary purposes, or for any infraction of this ordinance.
SECTION 6: Steam Boilers, Hydraulic Elevators, Power Pumps, and Similar
Apparatus
Dec. 10, 2019 Item #9 Page 56 of 90
It is unlawful for any person to draw any water from any water pipeline or service
connection of the CMWD, directly into any stationary steam boiler, hydraulic elevator,
power pump or similar apparatus. If a customer desires water from the CMWD to be used
in any stationary steam boiler, hydraulic elevator, power pump or similar apparatus, the
customer must first apply therefore in writing to the CMWD, and if granted by the Board,
such customer must provide a tank or reservoir of such capacity as is required by
standard practice. 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 his/her designee.
SECTION 7: Right-of-Way Application for Service--Form
Before any water will be supplied by the CMWD. to any person which requires a
connection from the CMWD water pipeline on any real property, the owner or occupant
of the property shall make a written application for such service and service connection,
upon submittal of a "Right of Way" permit application provided by the CMWD at the City
of Carlsbad's Engineering Department.
SECTION 8: Connection to Water Pipelines Upon Compliance
Upon the applicant for water service having complied with all the requirements relating to
written application for service, the CMWD will cause the property described to be
connected with the water pipeline, subject to the provisions of this ordinance and the rules
and regulations of the Board.
SECTION 9: Multiple Service Connection and Meter and Multi-Ownership Building
No water shall be served to two or more parcels of property separately owned through a
common service connection and meter.
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.
When a multi-ownership residential, commercial and industrial unit 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 required and 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 one 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 provided, however, 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 Director allows 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 placing future
unit owner's on notice that each and every residential or commercial/office unit in the
building on the property is served by a single service connection and meter, 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 CMWD for the respective building occupied by the multi-
ownership, the CMWD may at its discretion shut off the water service to such multi-
ownership building in accordance with CMWD adopted rules and regulations. In addition,
Dec. 10, 2019 Item #9 Page 57 of 90
a multi-ownership building with a single service line and meter is required to install a
private sub-meter for each separately established residenc.e or business.
SECTION 10: Discontinuance of Service Upon Written Notice
Service will be discontinued and water service shut off by the CMWD within forty-eight
hours of receiving written notice to discontinue water service.
SECTION 11: 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 CMWD or City of Carlsbad .
SECTION 12: Use of Water by 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.
SECTION 13: 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 customer without written approval of the Public Works Director.
SECTION 14: Customer to Accept Service Conditions
All applicants for service connections or water service shall be required to accept such
conditions of pressure and service as are provided by the distributing system at the
location of the proposed service connection, and to hold the CMWD or City of Carlsbad
harmless from all damage arising from low pressure or high pressure conditions or
interruptions of service.
SECTION 15: Violations
' It is unlawful for any person to violate any provision or fail to comply with any of the
requirements of this Article. Any person violating any of the provisions or failing to comply
with any of the provisions of this Article shall be guilty of a misdemeanor and shall be
punished by a fine of not more than one thousand dollars or by imprisonment in the county
jail for a period not exceeding six months, or by both.
SECTION 16: Severability
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Article 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 Article or any part thereof. The Board
Dec. 10, 2019 Item #9 Page 58 of 90
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.
ARTICLE VI
EXTENSION OF WATER OR RECYCLED WATER PIPELINE AND OTHER CMWD
FACILITIES
SECTION 1: Excess Capacity ·
Excess capacity for the purpose of this Ordinance, is defined to mean only that excess
capacity resulting from the construction of pipelines or facilities larger than those required
by the applicant for extension under existing CMWD standards now or hereafter adopted.
SECTION 2: Application -Generally
Any person may apply to the Executive Manager of the CMWD for the installation of water
pipelines and fire hydrants and other appurtenant facilities to be constructed either in
public streets; alleys or private property; however, nothing herein contained shall be
construed to modify any provision of the subdivision section hereinafter set forth, which
requires the subdivider to make certain improvements within a subdivision and bear the
cost thereof.
SECTION 3: Application -Contents
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
complied with.
SECTION 4: Size of Water Pipeline Extension
All water pipeline extensions will be installed in sizes best suited to the requirements and
full development of the CMWD water system as determined by the Public Works Director.
In no event will a water pipeline or recycled water pipeline extension be less than six
inches in diameter.
Dec. 10, 2019 Item #9 Page 59 of 90
No property shall be connected to a CMWD water or recycled water pipeline which is of
inadequate size to meet the requirements and full development of the CMWD water
system as determined by the Public Works Director.
SECTION 5: Determination of Adequacy of Size and Necessity by Executive
Manager; Contract between Applicant and CMWD; Reimbursement
of Applicant for Additional Cost
The Public Works Director for the CMWD shall determine if the size of such proposed
water pipeline is adequate to serve the intended use of applicant; further, the Public
Works Director shall determine if there is other property within the CMWD 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 Public Works Director 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 CMWD may be supplied with water or recycled water through such
pipeline, then the Executive Manager shall recommend to the Board that a reimbursement
agreement be entered into between applicant and the CMWD providing for the
construction of such water or recycled water pipeline with excess capacity and
establishing a reimbursement procedure and schedule for the additional costs incurred
by building such water or recycled water pipeline with such excess capacity.
SECTION 6: Determination of Materials to be Used and of Additional Cost of
Pipelines
The quality of the • materials of the water pipeline, hydrants, and other facilities in
connection therewith shall be determined by the Public Works Director, 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 Executive Manager shall determine the
amount of money necessary to cover the cost of construction of such water pipeline and
shall determine the excess cost as hereinbelow provided, if any, over and above the cost
of a standard size water pipeline facility sufficient to serve applicant's immediate need
· and use.
SECTION 7: Payment of Proportionate Cost of Water or Recycled Water Pipeline
Prior to Connection · ·
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 proportionate share of the cost of the water or recycled water pipeline
according to the terms, schedules, and conditions hereinafter set forth.
SECTION 8: Method of Determining Excess Cost for Reimbur$ement Agreement
In determining excess cost for a reimbursement agreement, the actual cost of
construction, including necessary easement acquisitions, engineering and directly related
Dec. 10, 2019 Item #9 Page 60 of 90
incidental costs, shall be included plus any overhead for managing the construction
contract. The Executive Manager shall make the final decision, subject to Board approval
of the reimbursement agreement, 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 CMWD system requirements. Any right to reimbursement hereunder, or pursuant
to contract, shall expire in accordance with the time specified in the reimbursement
agreement or ten years after the pipeline or facility has been accepted by the CMWD;
provided, however, payment shall only be made to the applicant, or designee, at such
address as shall have been filed with the CMWD, by the applicant for such purpose. No
interest shall accrue to applicant pursuant to this Section, or under any contract entered
into pursuant thereto. In no event shall the CMWD be liable or in any way responsible for
failure to collect such connecting fees, or for failure to pay any money to applicant.
SECTION 9: Easements to . be Provided; Title Insurance Policy; Construction
Costs to be Deposited
If a reimbursement agreement is entered into between applicant and the CMWD,
applicant shall provide easements in the event the water or recycled water pipeline or
facilities lie outside public property, 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 Council for the CMWD for legal adequacy and shall be
subject to the approval of the Public Works Director and Executive Manager in all other
respects. If applicant desires that such water or ·recycled water pipeline be extended or
such water or recycled water pipeline and facilities be constructed by the CMWD and the
Executive Manager recommends that the CMWD construct such facilities, which
recommendation is approved by the Board, then, in that event, applicant shall deposit
with the CMWD such s1.Jm of money as the Executive Manager shall determine to be
necessary in order to construct the improvements specified in the reimbursement
agreement.
SECTION 10: Source of Reimbursement
The CMWD shall reimburse the applicant only from either the water connection fee fund
or the water replacement fund, subject to availability of funds, and the CMWD's
responsibility shall be no greater than as set forth in this Ordinance.
SECTION 11: Improvements Constructed Under the Improvement Act of 1911 -
CMWD's Participation
If any of the improvements, which would otherwise qualify as above set forth, are
constructed through a 1911 Act of Improvement District as defined in the Improvement
Act of 1911, Division 7 of the Streets and Highways Code, the CMWD will agree to pay
.to the owner or owners of the 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 Ordinance.
SECTION 12: · Time Limit for Recovery
Any funds mailed to applicant or designee which are returned, or where the check,
voucher or other payment remains uncashed for one year after such mailing, shall revert
to the CMWD's water connection fee fund or water replacement fee fund as appropriate,
and shall not be recoverable by applicant. ·
Dec. 10, 2019 Item #9 Page 61 of 90
SECTION 13: Agreement between CMWD and Contributor for Repayment of Off-
Site Improvement
The Executive Manager is empowered to prepare a reimbursement agreement to be
entered into by the person who constructs off-site water or recycled water pipeline
extensions and the CMWD. Such agreement shall provide that the CMWD will refund to
the persons who paid for the cost of the water or recycled water pipeline extension all
pipeline fees. The agreement shall be limited to a fifteen-year period from and after the
date of signing. The CMWD shall not be liable to the subdivider for such moneys in the
event that the collection of the charge is prevented by judgment or order of court, or in
the event that such moneys are not collected due to inadvertence or neglect of the officers
or employees of the CMWD or City of Carlsbad.
SECTION 14: Water or Recycled Pipeline Extensions within Subdivisions
Subdividers shall be required to install water or recycled water pipeline extensions to all
property within the subdivision. When such water or recycled water pipeline extensions
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 streets that are immediately adjacent to the external limits
of such subdi_vision with the following ~xception:
When a subdivider is required to install a water or recycled water pipeline extension in
excess of his requirements for continuity and full development of the CMWD water
system, as determined by the Public Works Director, then the CMWD will contribute for
the additional costs required to construct the water or recycled water pipeline in excess
of eight inches in diameter. .
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 may enter into a reimbursement agreement with the CMWD as outlined
heretofore for such other off-site portions of the water or recycled water pipeline
extensions they must install for the subdivision.
SECTION 15: Water or Recycled Water Pipeline Extensions for Length of Property
Frontage
A subdivider, contractor, or individual developer shall be required to install a water or
recycled water pipeline extension to the external limits of his property line along the entire
front of his property abutting upon the water or recycled water pipeline extension; except,
when such person is the owner of a large undeveloped frontage, then in that event, the
owner shall be required to install the water or recycled water pipeline extension for a
minimum frontage of seventy-five feet; provided, that all of the following conditions prevail:
(1) That the portion of the property being connected to the water or recycled water
pipeline shall totally contain the residence of the owner, together with sufficient side yard
setbacks as required by applicable zoning law;
(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 zoning laws.
Dec. 10, 2019 Item #9 Page 62 of 90
ARTICLE VII
ESTABLISHING FEES FOR ENGINEERING SERVICES
SECTION 1: The Engineering Service Fees shall be established by resolution of the
Board of Directors of the CMWD and are for the purpose of defraying the cost of
processing review, approval, and inspection of potable water and recycled water facilities,
including pipeline and service line installation, replacement and relocation, easements
and quitclaims in connection with the development review process of the City of Carlsbad:
1. Policy. The City of Carlsbad's Engineering Department shall provide plan checking
services for potable and recycled water facilities to be constructed and added to the
systems of the CMWD at a charge of estimated cost of providing such services.
2. 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 fifteen percent (15%) contingency
based on current City of San Diego Bond Unit Prices, as determined by the Public Works
Director or his/her 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 CMWD.
3. Private Onsite Irrigation System. The private onsite irrigation system for a
proposed development shall be plan checked by the City's Planning Department and
Engineering Department. A plan check fee shall be paid to cover the City's cost to review
and approve the plans of the private onsite irrigation system. The County of San Diego
Environmental Health Department also will review all private onsite 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 construction drawings
and City's application form.
SECTION 2: Adjustment of Fees by Resolution
The City of Carlsbad's Finance Department, on behalf of CMWD, 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 construction cost index for Los Angeles.
SECTION 3: When Paid
All fees to review improvement plans, easements or quitclaims are paid upon initial
submittal to the City of Carlsbad. For improvement 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 Valuation, 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 to pay the balance of plan check fees or receive a
refund for excess fee paid, depending on the Valuation change.
Dec. 10, 2019 Item #9 Page 63 of 90
Prior to issuance of a right-of-way permit to construct the improvements, the Applicant
shall pay inspection fees that cover the inspection of CMWD improvements.
ARTICLE VIII
FIRE HYDRANTS
SECTION 1: 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 CMWD and City of
Carlsbad Fire Department or such persons as shall be authorized to do so by the
Executive Manager of the CMWD.
SECTION 2: 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 construction meter. The CMWD will make the necessary connections and
install a meter of required size upon payment of a deposit fee and a rental fee in effect at
the time of issuance of water meter permit.
SECTION 3: 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 CMWD or the Fire Chief of the City of Carlsbad
any leaks or breaks or damage to the fire hydrant immediately upon discovery.
SECTION 4: 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.
SECTION 5: 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 CMWD water pipeline to the above ground double check
valve assembly or approved check valve and backflow preventer assembly.
ARTICLE IX
CROSS-CONNECTION CONTROL PROGRAM
Dec. 10, 2019 Item #9 Page 64 of 90
SECTION 1: Purpose of Provisions
The purpose of this Article is to:
(1) Protect the public water supply against actual or potential contamination through
cross-connections 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;
(2) 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 and recycled systems.
SECTION 2: Adopted by Reference
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
implementation of the cross-connection program and provisions for backflow protection,
testing 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.
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.
The California Regional Water Quality Control Board, San Diego Region, issues Orders
that regulate recycled water use site · conditions and inspection requirements within
CMWD. All requirements of the current Order shall be deemed part of this Article.
SECTION 3: Backflow Prevention Assembly Removal
Approval must be obtained from the CMWD before a backflow prevention assembly is
removed or relocated.
(1) The use of an as$embly may be discontinued and the assembly removed from
service upon presentation of sufficient evidence to the CMWD to verify that a
hazard no longer exists or is not likely to be created in the future. The CMWD shall
make the determination of whether a hazard exists.
(2) An assembly may be relocated following confirmation by the CMWD that the
relocation will continue to provide the required protection and satisfy installation
requirements. A retest, performed at the customer's cost, will be required following
the relocation of the assembly.
(3) 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 CMWD. A retest, at the customer's cost, will be required following the repair of
the assembly.
Dec. 10, 2019 Item #9 Page 65 of 90
(4) 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 assemblies must be approved by the CMWD.
SECTION 4: Site Supervisor
(1) At each premise where recycled water is used or where it is necessary in the
opinion of the CMWD, 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.
(2) The site supervisor shall attend CMWD 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 trainings will be required to be available during the annual
walk through inspection.
(3) In the event of the potential for contamination or pollution of the either the public
or the customer's potable water system due · to a cross-connection on the
premises, the CMWD shall be immediately notified by the site supervisor so that
appropriate measures may be taken to overcome the contamination.
(4) The customer shall inform the CMWD of the site supervisor's identity (name,
address and telephone number) on an annual basis and whenever a change
occurs.
(5) Failure to comply with site supervisor requirements may result in discontinuance
of water service.
SECTION 5: Water System Survey
(1) Backflow prevention assemblies will be required per the current edition of the 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
ordinance upon installation at the customer's cost. The test must meet passing
criteria as stated in Section II of this ordinance.
(2) The CMWD may require an on-premise 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-premise inspection of his piping system shall be required to
install the backflow prevention assembly the CMWD considers necessary.
(3) The Public Works Director may, at his/her discretion, require a re-inspection for
cross-connection hazards of any premise to which it serves water. The CMWD will
transmit a written notice requesting an inspection appointment to each affected
customer. Any customer who cannot or will not allow an on-premise inspection of
their piping system shall be required to install the backflow prevention assembly
the Public Works Director considers necessary. In addition, the CMWD may use
any lawful procedure to enter and inspect any premises.
SECTION 6: Customer Notification-Assembly Installation
Dec. 10, 2019 Item #9 Page 66 of 90
(1) The Public Works Director will notify the customer of the survey findings, listing the
corrective actions to be taken if any are required. A period of thirty days will . be
given to complete all corrective actions required including the installation of
backflow assemblies and passing test results submitted to the CMWD. Backflow
assembly installation standards will be in accordance with the current edition of the
City of Carlsbad 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 thirty calendar days
allowed. The second notice will give the customer a two-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 action as prescribed in the first two notices. The final notice
will give the customer ten days to take the required action. If the customer fails to
complete the corrective action within the ten day period, the CMWD 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.
SECTION 7: Retrofitting Fire Protection Systems with Backflow Prevention
Assemblies
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 assembly (DCDA) the CMWD 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 se_rvice 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 requirements from the underground fire service supply line;
(3) When a leak is detected in the underground backflow swing-check valve, requiring
replacement;
(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 retrofitted with approved backflow prevention assemblies.
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.
The CMWD shall determine the degree of hazard to determine whether the fire service is
retrofitted with a DCDA or an RPDA.
Dec. 10, 2019 Item #9 Page 67 of 90
Detector assemblies will be installed per the current edition of the City of Carlsbad
Engineering Standards.
SECTION 8: Customer Notification-Testing and Maintenance
(1) The Public Works Director will notify each affected customer in writing thirty 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 the customer with the necessary form to be completed and
resubmitted to the CMWD. The customer shall have a certified tester perform the
test and document the results of the testing on the prescribed form. The customer
is responsible to ensure that the completed form is returned to the CMWD 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
prevention assembly tested as prescribed in the first notice within the thirty
calendar day period allowed. The second notice will give the customer a two-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 two notices. The
final notice will give the customer ten days to have the backflow prevention
assembly tested with passing criteria. If no action is taken within the ten day period,
the CMWD 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 CMWD has been notified by an
approved tester that they have been contracted to perform the backflow assembly
test. The CMWD 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 within 5 business days or water service will be discontinued, with all
applicable fees being reapplied.
SECTION 9: Water Service Termination
(1) When the CMWD 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 CMWD water service.
(2) Conditions or water uses that create a basis for water service termination shall
include, but are not limited to the following items:
(a) Refusal to install a required backflow prevention assembly;
(b) Refusal to test a backflow prevention assembly;
(c) Refusal to repair a faulty backflow prevention assembly;
(d) Refusal to replace a faulty backflow prevention assembly;
(e) Direct or indirect connection between the public water system and a sewer
line;
(f) Unprotected direct or indirect connection between the public water system
and a system or equipment containing contaminants;
(g) Unprotected direct or indirect connection between the public water system
and an auxiliary water system;
(h) A situation which presents an immediate health hazard to the public water
system.
Dec. 10, 2019 Item #9 Page 68 of 90
(3) For conditions (a), (b), (c) or (d), the CMWD will terminate service to a
customer's premise after three 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 CMWD and payment received for all applicable fees associated with water
service termination.
(4) For conditions (e), (f), (g) or (h), the CMWD 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
CMWD and payment received for all applicable fees associated with water
service termination.
SECTION 10: Requirements for Backflow Prevention Assembly Testers
( 1) Competency in all phases of backflow prevention assembly testing and repair must
be demonstrated by means of education and/or experience in order to obtain
certification. ·
(2) The following are minimum requirements:
a. Applicants shall hold and submit a copy to the CMWD of a valid backflow
prevention assembly 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 CMWD and the California Department of Public Health.
b. All backflow testers shall submit to the CMWD current gauge calibration
certificates for test kits to be used within the CMWD 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/her.
(3) A tester may have his/her testing privileges revoked or suspended by the CMWD
for improper testing, repairs and/or reporting.
SECTION 11: Recycled Water Use
(1) Recycled water use sites inspections 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
CMWD.
(2) The recycled water user shall provide the CMWD with an accurate set of controller
charts. The 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.
SECTION 12: Fees
Dec. 10, 2019 Item #9 Page 69 of 90
Fees to implement, maintain, administer and enforce this chapter shall be established by
resolution of the CMWD Board.
SECTION 13: Violations
It is unlawful for any person to violate any provision or fail to comply with any of the
requirements of this Article. Any person violating any of the provisions or failing to comply
with any of the provisions of this Article shall be guilty of a misdemeanor and shall be
punished by a fine of not more than one thousand dollars or by imprisonment in the county
jail for a period not exceeding six months, or by both.
SECTION 14: Severability
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Article 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.
ARTICLE X
ESTABLISHING PROCEDURES FOR WORK IN THE
CMWD RIGHT-OF-WAY
SECTION 1: Title
This article may be cited as the "Right-of-Way Permit" and "Encroachment Agreement."
SECTION 2: Definitions
The following words shall have the following meanings and set out in this article
(a) "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 CMWD right-of-way.
(b) "Right-of-Way" means any CMWD real property easement, CMWD interest
in real property or public utility easement used by the CMWD.
(c) "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 a CMWD right-of-way.
(d) "Specification" means the Standard Specifications used for public works
construction (current edition including supplements) written and promulgated by the
Southern California Chapter of American Public Works Association and Southern
California District Associated General Contractors or California Joint Cooperative
Committee and published by Building News Incorporated or other such specifications
noted on approved plans including CMWD standard drawings and specifications.
Dec. 10, 2019 Item #9 Page 70 of 90
(e) "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.
SECTION 3: Public Works Director's Authority and Responsibilities
This article shall be administered by the City 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 article including the certification of completed applications, the
approval of plans, the establishment of files, collection of fees and security deposits;
(b) Interpret provisions of this article and advise the public regard ing
requirements for plans, specifications, and special provisions for facilities or
encroachments subject to the provisions of this article;
(c) Establish the format and content of plans and standards governing work on
facilities or encroachments pursuant to the provision of this article;
(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 protect CMWD
facilities, persons or property.
SECTION 4: 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 excavation or opening, fill or obstruction in, over,
along, across, or through any CMWD right-of-way for any purpose whatsoever;
(b) Construct or repair or cause to be constructed or repaired any curb,
sidewalk, gutter, curb with integral gutter, drive approach, driveway, alley approach,
spandrel and cross gutter, wheelchair ramp, structure, planter, wire, pipe, or vault over,
along, across, overhanging or through any CMWD right-of-way;
(c) Plant, any tree, plant shrub or flower within any CMWD 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 CMWD right-of-way,
except for drainage by controlled surface flow.
(e) · Modify, alter or deface any block wall on or adjacent to a CMWD right-of-
way.
(f) Enter into or exit from any CMWD right-of-way at any location not approved
and constructed as a driveway.
SECTION 5: Application for Right-of-Way Permit or Encroachment Permit
(a) Any person proposing to do any of the acts described in Section 4 of this
article 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;
Dec. 10, 2019 Item #9 Page 71 of 90
(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 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;
(2) Require removal of the encroachment by the permittee upon
reasonable demand by the Public Works Director;
(3) Allow the CMWD to remove the encroachment and place a lien on
the property if the permittee does not remove the encroachment in a reasonable time
period;
(5) Allow for the removal of the encroachment by the CMWD during the
performance of any emergency repairs without liability to the CMWD for damages;
(6) Require adequate security of performance of such promise;
(7) Require indemnification of the CMWD in accordance with Section 16
of this ordinance;
(8) Be in a form acceptable to the General Counsel.
SECTION 6: Permits--Requirements of Plans
If, in the opinion of the Public Works Director, the work proposed to be done
requ ires the making of plans or setting of stakes, or both, the Public Works Director may
require the application to be accompanied by the necessary plans, which plans shall be
prepared by a competent engineer licensed by the California Department of Consumer
Affairs. The plans shall be reviewed by the Public Works Director or designee and shall
pay the necessary fees in accordance with Article VIII. The Applicant shall bear all costs
to prepare and process said plans.
SECTION 7: Permits-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 ordinance may be limited to a period
of time as specified in the permit.
SECTION 8: Permits-Requirements for Performance of Work
(a) The permittee shall perform the work in a timely manner, in accordance with
applicable plans, specification and CMWD standards and to the satisfaction of the Public
Works Director.
(b) No person shall cause any improvement or appurtenant work to be
performed on any CMWD right-of-way by any person other than a licensed contractor or
a public utility.
(c) All work shall be inspected by the representative as follows:
(1) No person shall prevent or obstruct the CMWD representative in
making any inspection authorized by this ordinance or in taking any sample or in making
any test;
(2) Inspection requests must be made with twenty-four hour notice to the
CMWD.
Dec. 10, 2019 Item #9 Page 72 of 90
(3) All work not in conformance with approved plans and specifications
is subject to rejection by the CMWD.
(4) Request for final inspection shall be made in writing.
(d) As the work progresses, the CMWD 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 existing
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 CMWD may proceed with cleanup and removal of the material or obstruction in
accordance with procedures identified in Section 14 of this article.
SECTION 9: Permits-Acceptance of Work
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 ordinance and the permit,
he shall issue a certificate of acceptance, which shall contain a statement of the location,
nature, and extent of the work performed under the permit.
SECTION 10: Permits-Denial and Revocation
(a) The CMWD may deny the issuance of a right-of-way permit to any person
who refuses or fails to comply with the provision of this ordinance, who is indebted to the
CMWD 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 reqLJiring
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 5.
(c) Any permittee found in violation of the conditions of permit or the provisions
of this ordinance shall be given a written notice to comply, stipulating the violation. Upon
receipt of the notice to comply, the permittee shall take action to correct the condition of
violation within the period stipulated in the notice. If, within the period, appropriate
measures have not been implemented, the CMWD may revoke the permit and take any
measures required to secure the work site or return the work site to its original condition.
The cost of such 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 provisions of this ordinance.
(e) The Public Works Director shall require, as a condition of the permit,
reinstatement of payment of all charges incurred by the CMWD as a result of permit
revocation including a five hundred dollar ($500) penalty for violation of the provisions of
this article.
SECTION 11: 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 permit may appeal
to the Board of Directors by filing a notice of appeal with the Secretary of the Board within
Dec. 10, 2019 Item #9 Page 73 of 90
ten calendar days after the date 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 amount established by resolution of the Board of Directors. The decision of the
Board of Directors shall be final.
(b) The Secretary shall thereupon 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 of Directors shall have the authority to determine all questions
raised on such appeal.
SECTION 12: Encroachment and Right-of-Way Application and Permit Fees
Encroachment application and right-of-way permit fees shall be charged by the CMWD
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
CMWD, 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 ordinance. The fees shall be paid at the time of application.
SECTION 13: 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 fo( performance, and 50% of the bond amount for labor and materials
totaling 150% of bond amount. The cash deposit may be used at the discretion of the
Public Works Director to provide for restoration of CMWD 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 determines necessary. 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, until such deficiency is paid in full, no other permit shall be issued to such
permittee.
Dec. 10, 2019 Item #9 Page 74 of 90
SECTION 14: Placement of Materials or Obstruction of CMWD Right-of-Way
(a) No person shall place or maintain any material or any obstruction or
impediment to travel in or upon any CMWD Right-of-Way without a permit to do so.
(b) Persons violating provisions of this Section 8(d), or Section 15(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 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 twenty-four
hours after receipt of such notice and diligently prosecuted (without interruption) to
completion, the CMWD shall cause such work to be done, in which case the cost and
expense of such work, including incidental expenses incurred by the CMWD, 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 twenty-four 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 CMWD may proceed to remove the encroachment immediately and without
notice to the owner if removal of the encroachment is necessary to make emergency
repairs to CMWD facilities.
(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 thereof, together with a legal description of the property against which cost is to
be assessed. 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 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 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 of Carlsbad Finance Department for collection. If any assessment is not
paid within ten days after its confirmation by the Board of Directors, the secretary shall
cause to be filed in the office of the county recorder a notice of lien, substantially in the
following form:
NOTICE OF LIEN
Dec. 10, 2019 Item #9 Page 75 of 90
Pursuant to Carlsbad Municipal Water District (Ordinance No. __ ), the Carlsbad
Municipal Water District did on the _____ day of _____ , 20_, cause
maintenance and report work to be done in the CMWD 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. ___ assess
the cost or portion of the cost thereof upon the real property hereinafter described, and
the same has not been paid nor any part thereof, and the Carlsbad Municipal Water
District does hereby claim 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 recordation of this
instrument has been paid in full and discharged of record. The real property hereinbefore
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
follows:
(Description of property)
Dated this ___ day of ____ , 20
Secretary of the Board, Carlsbad Municipal Water District
*
(h). From and after the date of recordation 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
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 thereafter be created
against the property. From and after the date of recordation of such notice of lien, all
persons shall be deemed to have notice of the contents thereof
SECTION 15: 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 ordinance, 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 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 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 Director may
proceed under Section 14 of this Article.
(b) The CMWD 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 CMWD right-of-way.
SECTION 16: Holding CMWD Harmless--lnsurance
Dec. 10, 2019 Item #9 Page 76 of 90
The applicant for a permit, as a condition to receiving a permit shall sign a statement that
he agrees to indemnify and hold harmless the CMWD and each officer and employee
thereof, 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 CMWD as an additional insured under the
insurance policy. The insurance shall be provided by a company satisfactory to the Risk
Manager. Any deductible or self-insured retention under the insurance policy shall be in
amount acceptable to the Risk Manager.
SECTION 17: CMWD Not Liable for Damage to Encroachment or Encroachment
Area
The CMWD 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 CMWD's construction, use,
repair, replacement or relocation of any CMWD facilities within the right-of-way.
SECTION 18: Exemptions
The CMWD and its employees, acting in their official capacity, are exempt from the
requirements set forth in the ordinance.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
and the district secretary shall certify to the adoption of this ordinance and cause it 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 Special Meeting of the Carlsbad Municipal
Water District Board of Directors on the ____ day of _______ , 2019, and
thereafter;
PASSED AND ADOPTED at a Special Meeting of the Board of Directors of the
Carlsbad Municipal Water District, on the ___ day of _______ , 2019, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
Dec. 10, 2019 Item #9 Page 77 of 90
APPRQVED AS TO FORM AND LEGALITY:
General Counsel
ATTEST:
Barbara Engleson, Secretary
(SEAL)
MA TT HALL, President
Dec. 10, 2019 Item #9 Page 78 of 90
RESOLUTION NO. 1625
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING RESIDENTIAL POTABLE WATER SERVICE
SHUTOFF PROTECTION POLICY FOR NONPAYMENT OF CHARGES.
WHEREAS, on Sept. 28, 2018, the state of California enacted Senate Bill No. 998 (SB 998),
Water Shutoff Protection Act (Health and Safety Code, § 116900 et seq.); and
WHEREAS, SB 998 requires Carlsbad Municipal Water District (CMWD) to develop and
implement a policy by Feb. 1, 2020, containing specific provisions protecting qualifying low-
income households from having potable water service disconnected for nonpayment due to
financial hardship; and
WHEREAS, CMWD developed a policy which describes the Residential Potable Water
Service Shutoff Protection Policy for Nonpayment of Charges to ensure implementation by
Feb. 1, 2020, attached hereto as Attachment A.
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. The above recitations are true and correct.
2. The attached Residential Potable Water Service Shutoff Protection Policy for
Nonpayment of Charges is approved.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the
Carlsbad Municipal Water District of the City of Carlsbad on the 10th day of December 2019, by
the following vote to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
-4--,0~..:....:...:::;.._;c:_....:..........~-=-/~~-..:....::..../cJ, 6-ot11tz. I ~f.11!)
cl BARBARA ENGLESON, ECRETARY CI~
(SEAL) CJt1✓
Dec. 10, 2019 Item #9 Page 79 of 90
Attachment A
(Carlsbad
Municipal Water District
RESIDENTIAL WATER SERVICE SHUTOFF
PROTECTION POLICY FOR NONPAYMENT OF CHARGES
INTRODUCTION
2 Carlsbad Municipal Water District (CMWD) developed this policy to help residential water service
3 customers prevent shutoff of water service for nonpayment of charges due to hardship.
4 This policy is not applicable when water service is shutoff due to unauthorized action by a customer.
5 This policy is available on the City of Carlsbad's website (https://www.carlsbadca.gov/water). The
6 number of annual shutoffs for nonpayment is noted on the website. A paper copy of the policy is
7 available upon request at the City's Utility Billing Offices at 1635 Faraday Avenue, Carlsbad, CA
8 92008.
9 For more information, contact the City's Utility Billing Office by phone at 760-602-2420 or by email at
10 water@carlsbadca.gov.
11 DEFINITIONS
12 Water Bills -Monthly statements sent to customers indicating the amount of water used during the
13 billing cycle, rate charged for the water, amount the customer must pay for the water and date on
14 which the payment is due.
15 Delinquent Accounts -Delinquent accounts are those that remain unpaid by the due date. An
16 account paid with a check that is returned by the bank upon which the check was drawn is
17 considered nonpayment of the bill and may result in a delinquent account.
18 Late Fee -A fee charged for payments not received by the due date. The late fee is 10% of the
19 unpaid bill amount.
20 Water Disconnection or Shutoff -CMWD disconnects water service by turning off and locking the
21 water meter. If a customer's water service is disconnected or shutoff, the customer must pay a fee to
22 have CMWD reconnect the water service. Water service reconnected without CMWD authorization
23 may result in fines or additional charges or fees. Any damages caused by an unauthorized service
24 reconnection are the customer's responsibility.
Reference: Water Shutoff Protection Act (Health and Safety Code sections l l 6900-116926)
Effective: February I, 2020 Page I of 5
Last Updated: February I, 2020 Printed on: December 3, 2019
Dec. 10, 2019 Item #9 Page 80 of 90
~
{._earls bad
Municipal Water District
25 NOTIFICATIONS
RESIDENTIAL WATER SERVICE SHUTOFF
PROTECTION POLICY FOR NONPAYMENT OF CHARGES
26 CMWD will not shutoff a residential customer's water service for nonpayment until the customer's
27 payment has been delinquent for at least 60 days.
28 First Written Shutoff Notice -At least seven (7) business days before shutting off a residential
29 customer's water service, CMWD will contact the customer by telephone or by mail.
30 If CMWD contacts the customer by telephone, CMWD will offer to provide the customer with this
31 policy. CMWD will also offer to discuss the customer's option for averting a shutoff for nonpayment,
32 including the procedures for amortizing the unpaid balance and for obtaining a bill review and
33 appeal.
34 If CMWD contacts the customer by mail, CMWD will send the customer written notice of the shutoff to
35 the billing address designated on the customer's account. If the billing address and the service
36 address are different, a second notice will be mailed to the service address and addressed to
37 "Occupant."
38 The written notice. will include the customer's name and address, amount of the delinquent charges,
39 and the day by which the customer must pay or arrange to pay the delinquent charges to avoid a
40 shutoff. The notice will also include a description of the process to apply for an extension of time to
41 pay the delinquent charges, a description of the procedure to petition for a bill review and appeal,
42 and a description of the procedure by which the customer may request amortization of the delinquent
43 charges.
44 If the written notice is returned as undeliverable, CMWD will make a good faith effort to visit the
45 service address and leave, either with an adult occupying the residence or in a conspicuous place, a
46 written notice of the imminent shutoff and a copy of this policy.
47 Notice to Tenants/Occupants in an Individually Metered Residence -If the landlord of a
48 residence with individually metered service is the customer with the delinquent account, CMWD will
49 make a good faith effort to send a written notice to the tenants/ occupants of the residence at least ten
50 (10) days before water service is shut off. The written notice will advise the tenants/occupants that
51 they have the right to become customers of CMWD without being required to pay the amount due on
52 the delinquent account, as long as they are willing and able to assume financial responsibility for
53 subsequent charges for water service at the residence. The tenants/occupants must provide
54 verification of tenancy in the form of a lease or rental agreement, rent receipts, a government
55 document indicating the occupant is renting the property, or other acceptable proof.
Reference: Water Shutoff Protection Act (Health and Safety Code sections l 16900-116926)
Effective: February I, 2020 Page 2 of 5
Last Updated: February I, 2020 Printed on: December 3, 2019 Dec. 10, 2019 Item #9 Page 81 of 90
l._Carlsbad
Municipal Water District
RESIDENTIAL WATER SERVICE SHUTOFF
PROTECTION POLICY FOR NONPAYMENT OF CHARGES
56 Notice to Tenants/Occupants in a Multi-Unit Complex Served through a Master Meter -If the
57 landlord of a multi-unit complex served through a master meter is the customer with the delinquent
58 account, CMWD will make a good faith effort to send a written notice to the tenants/occupants of each
59 unit at least ten ( 10) days before water service is shut off. The written notice will advise the
60 tenants/occupants they have the right to become customers of the CMWD without being required to
61 pay the amount due on the delinquent account. If one or more of the occupants at the address served
62 by the master meter are willing and able to assume responsibility for the subsequent charges for
63 water service to the satisfaction of CMWD, or if there is a physical means legally available to CMWD
64 of selectively terminating service to those tenants/occupants who have not met CMWD's
65 · requirements for service, CMWD will make service available to the occupants who have met the
66 requirements.
67 Final Written Shutoff Notice -The final written Water Shutoff notice will be delivered to the
68 premises no less than five (5) business days in advance of shutoff. CMWD will visit the residence and
69 leave the water shutoff notice and this policy.
70 OPTIONS AVAILABLE TO CUSTOMER
71 Bill Review and Appeal -If a customer disputes the customer's water bill, the customer may make a
72 written request for the bill to be reviewed by the City of Carlsbad's finance director. The written
73 request must be submitted within ten (10) business days after the bill is mailed to the customer or
7 4 within five (5) business days after CMWD informs the customer by telephone or mail that the
75 customer's water service is subject to shutoff for nonpayment. A written request for a bill review must
76 identify what aspects of the water bill the customer believes are incorrect, what information and
77 documents the customer believes supports the customer's position, and what resolution the customer
78 seeks. Within ten (10) business days after receipt of the bill review request, the finance director, or a
·79 designee, will review the water bill and provide a written response to the customer.
80 If the customer disagrees with the finance director's response, the customer may, within five (5)
81 business days of the response, appeal the matter to the deputy city manager, administrative services,
82 or a designee. Within ten (10) business days after receiving the appeal, the deputy city manager,
83 administrative services, will consider the information and documents previously submitted to the
84 finance director, as well as any additional information or documents submitted with the appeal, and
85 will issue a written decision independently determining whether the bill is correct. The decision of
86 the deputy city manager, administrative services, is the final administrative decision.
Reference: Water Shutoff Protection Act (Health and Safety Code sections 116900-116926)
Effective: February 1, 2020 Page 3 of 5
Last Updated: February I, 2020 Printed on: December 3, 2019 Dec. 10, 2019 Item #9 Page 82 of 90
l._Carlsbad
Municipal Water District
RESIDENTIAL WATER SERVICE SHUTOFF
PROTECTION POLICY FOR NONPAYMENT OF CHARGES
87 CMWD will not shutoff the customer's water service for nonpayment while the customer's request for
88 a bill review or appeal is pending. If the bill review or appeal results in a determination the
89 customer's water bill was incorrect, CMWD will correct the bill and the customer will have twenty-
90 one (21) calendar days to pay the corrected bill amount. If the bill review or appeal results in a
91 determination the customer's water bill was correct, the customer must pay the bill in full within five
92 (5) business days unless the customer qualifies for an alternate payment arrangement.
93 Alternate Payment Arrangement -A qualifying customer unable to pay for residential water service
94 within the normal payment period may request an alternate payment arrangement to avoid late fees
95 and service shutoff.
96 To qualify for an alternate payment arrangement, the customer must meet BOTH of the following
97 requirements:
98
99
100
101
o Demonstrate a medical need for continued water service by providing certification from a
Primary Care Provider that water service shutoff will be life-threatening ot pose a serious
threat to the health and safety of any person residing at the service address.
o Demonstrate financial hardship by showing the customer is financially unable to pay for
102 service within CMWD's normal billing cycle. A customer will be deemed to have a
103 qualifying financial hardship if any member of the customer's household receives
104 CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State
105 Supplementary Payment, or California Special Supplemental Nutrition Program for
106 Women, Infants, and Children. A customer will also be deemed to have a qualifying
107 financial hardship if the customer declares that the customer's household income is less
108 than 200% of the federal poverty level.
109 If the customer qualifies for an alternate payment arrangement:
110 A. The customer must sign an Alternate Payment Arrangement Agreement with CMWD to amortize
111 the unpaid balance over an agreed upon period, not to exceed twelve (12) months from the
112 original due date on the bill.
113 B. The agreed upon amount (amortized payments) will be added to the regular monthly bill to pay
114 off the previously unpaid balance.
115 C. The customer's account must remain current for all subsequent billing periods.
116 D. The customer cannot request further amortization of any subsequent unpaid charges while paying
11 7 delinquent charges from a previous bill.
Reference: Water Shutoff Protection Act (Health and Safety Code sections l l 6900-116926)
Effective: February I, 2020 Page 4 of 5
Last Updated: February I, 2020 Printed on: December 3, 2019 Dec. 10, 2019 Item #9 Page 83 of 90
~Carlsbad
Municipal Water District
RESIDENTIAL WATER SERVICE SHUTOFF
PROTECTION POLICY FOR NONPAYMENT OF CHARGES
118 If the customer does not comply with the alternate payment arrangement or becomes delinquent in
119 paying current water service charges for sixty (60) days or more, CMWD will shut off the customer's
120 water service. At least five (5) business days beforehand, CMWD will post a final shutoff notice in a
121 prominent and conspicuous location at the service address.
122 If CMWD shuts off a residential customer's water service, CMWD will provide the customer with
123 information on how to restore service.
124 RESTORATION OF SERVICE
125 Deadline for Shutoff -All delinquent water service charges and associated fees must be received by
126 City of Carlsbad Finance Department by 3 p.m. on the day specified in the written disconnection
127 notice.
128 Reconnection Process -CMWD will reconnect service as soon as feasible but, at a minimum, will
129 restore service before the end of the next regular working day following payment of any past due
130 amount, delinquent fees and reconnection fee, on the account that was shutoff.
131 Reconnection Fee -For those who qualify for an alternative payment arrangement, the reconnection
132 fee is $50 for same day and next day service during normal business hours, and $150 for service
133 during non-operational hours. This rate is subject to annual adjustment based on the Consumer Price
134 Index. The cost to reconnect water service as applicable under this policy is published yearly in the
135 Master Fee Schedule (http://www.carlsbadca.gov/services/depts/finance/fees).
Reference: Water Shutoff Protection Act (Health and Safety Code sections 116900-116926)
Effective: February I, 2020 Page 5 of 5
Last Updated: February I, 2020 Printed on: December 3, 2019 Dec. 10, 2019 Item #9 Page 84 of 90
manager, or operator of the dwelling, structure, or park is the customer of record, to make every good faith effort
to inform the residential occupants by written notice that service will be terminated and that the residential
occupants have the right to become customers, as specified. The bill would require an urban and community
water system to report the number of annual discontinuations of residential service for inability to pay on its
Internet Web site and to the board, and the bill would require the board to post on its Internet Web site the
information reported. The bill would require an urban water supplier, as defined, or an urban and community
water system regu lated by the commission, to comply with the bill's provisions on and after February 1, 2020,
and any other urban and community water system to comply with the bill's provisions on and alter April 1, 2020.
The bill would provide that the provisions of the bill are in addition to the provisions in existing law duplicative of
the bill and that where the provisions are inconsistent, the provisions described in the bill apply.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as follows:
(a) All Californians have the right to safe, accessible, and affordable water as declared by Section 106.3 of the
Water Code.
(b) It is the intent of the Legislature to minimize the number of Californians who lose access to water service due
to inability to pay.
(c) Water service discontinuations threaten human health and well-being, and have disproportionate impact on
infants, children, the elderly, low-income families, communities of color, people for whom English is a second
language, physically disabled persons, and persons with life-threatening medical conditions.
(d) When there is a delinquent bill, all Californians, regardless of whether they pay a water bill directly, should be
treated fairly, and fair treatment includes the ability to contest a bill, seek alternative payment schedules, and
demonstrate medical need and severe economic hardship.
(e) The loss of water s.ervice causes tremendous hardship and undue stress, including increased health risks to
vulnerable populations.
(f) It is the intent of the Legislature that this act provide additional procedural protections and expand upon the
procedural safeguards contained in the Public Utilities Code and Government Code as of January 1, 2018, relating
to utility service disconnections.
SEC. 2. Chapter 6 (commencing with Section 116900) is added to Part 12 of Division 104 of the Health and
Safety Code, to read :
CHAPTER 6. Discontinuation of Residential Water Service
116900. This chapter shall be known, and may be cited, as the Water Shutoff Protection Act.
116902. For the purposes of this chapter, the following definitions apply:
(a) "Board" means the State Water Resources Control Board.
(b) "Public water system" has the same meaning as defined in Section 116275.
(c) "Residential service" means water service to a residential connection that includes single-family residences,
multifamily residences, mobilehomes, including, but not limited to, mobilehomes in mobilehome parks, or
farmworker housing.
(d) "Urban and community water system" means a public water system that supplies water to more than 200
service connections.
(e) "Urban water supplier" has the same meaning as defined in Section 10617 of the Water Code.
116904. (a) An urban water supplier not regulated by the Public Utilities Commission shall comply with this chapter
on and alter February 1, 2020.
(b) An urban and community water system regulated by the Public Utilities Commission shall comply with this
chapter on and alter February 1, 2020. The urban and community water system regulated by the Public Utilities
Commission shall file advice letters with the commission to conform with this chapter.
Dec. 10, 2019 Item #9 Page 86 of 90
(c) An urban and community water system not described in subdivision (a) or (b) shall comply with this chapter
on and alter April 1, 2020.
116906. (a) An urban and community water system shall have a written policy on discontinuation of residential
service for nonpayment available in English, the languages listed in Section 1632 of the Civil Code, and any other
language spoken by at least 10 percent of the people residing in its service area. The policy shall include all of the
following:
(1) A plan for deferred or reduced payments.
(2) Alternative payment schedules.
(3) A formal mechanism for a customer to contest or appeal a bill.
(4) A telephone number for a customer to contact to discuss options for averting discontinuation of residential
service for nonpayment.·
(b) The policy shall be available on the urban and community water system's Internet Web site, if an Internet
· Web site exists. If an Internet Web site does not exist, the urban and community water system shall provide the
policy to customers in writing, upon request.
(c) (1) The board may enforce the requirements of this section pursuant to Sections 116577, 116650, and
116655. The provisions of Section 116585 and Article 10 (commencing with Section 116700) of Chapter 4 apply
to enforcement undertaken for a violation of this section.
(2) All moneys collected pursuant to this subdivision shall be deposited in the Safe Drinking Water Account
established pursuant to Section 116590.
116908. (a) (1) (A) An urban and community water system shall not discontinue residential service for
nonpayment until a payment by a customer has been delinquent for at least 60 days. No less than seven business
days before discontinuation of residential service for nonpayment, an urban and community water system shall
contact the customer named on the account by telephone or written notice.
(B) When the urban and community water system contacts the customer named on the account by telephone
pursuant to subparagraph (A), it shall offer to provide in writing to the customer the urban and community water
system's policy on discontinuation of residential service for nonpayment. An urban and community water system
shall offer to discuss options to avert discontinuation of residential service for nonpayment, including, but not
limited to, alternative payment schedules, deferred payments, minimum payments, procedures for requesting
amortization of the unpaid balance, and petition for bill review and appeal.
(C) When the urban and community water system contacts the customer named on the account by written notice
pursuant to subparagraph (A), the written notice of payment delinquency and impending discontinuation shall be
mailed to the customer of the residence to which the residential service is provided. If the customer's address is
not the address of the property to which residential service is provided, the notice also shall be sent to the
address of the property to which residential service is provided, addressed to "Occupant." The notice shall
include, but is not limited to, all of the following information in a clear and legible format:
(i) The customer's name and address.
(ii) The amount of the delinquency.
(iii) The date by which payment or arrangement for payment is required in order to avoid discontinuation of
residential service.
(iv) A description of the process to apply for an extension of time to pay the delinquent charges.
(v) A description of the procedure to petition for bill review and appeal.
(vi) A description of the procedure by which the customer may request a deferred, reduced, or alternative
payment schedule, including an amortization of the delinquent residential service charges, consistent with the
written policies provided pursuant to subdivision (a) of Section 116906.
(2) If the urban and community water system is unable to make contact with the customer or an adult occupying
the residence by telephone, and written notice is . returned through the mail as undeliverable, the urban and
community water system shall make a good faith effort to visit the residence and leave, or make other
arrangements for placement in a conspicuous place of, a notice of imminent discontinuation of residential service
Dec. 10, 2019 Item #9 Page 87 of 90
for nonpayment and the urban and community water system's policy for discontinuation of residential service for
nonpayment.
(b) If an adult at the residence appeals the water bill to the urban and community water system or any other
administrative or legal body to which such an appeal may be lawfully taken, the urban and community water
system shall not discontinue residential service while the appeal is pending.
116910. (a) An urban and community water system shall not discontinue residential service for nonpayment if all
of the following conditions are met:
(1) The customer, or a tenant of the customer, submits to the urban and community water system the
certification of a primary care provider, as that term is defined in subparagraph (A) of paragraph (1) of
subdivision (b) of Section 14088 of the Welfare and Institutions Code, that discontinuation of residential service
will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where
residential service is provided.
(2) The customer demonstrates that he or she is financially unable to pay for residential service within the urban
and community water system's normal billing cycle. The customer shall be deemed financially unable to pay for
residential service within the urban and community water system's normal billing cycle if any member of the
customer's household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental
Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program
for Women, Infants, and Children, or the customer declares that the household's annual income is less than 200
percent of the federal poverty level.
(3) The customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for
deferred or reduced payment, consistent with the written policies provided pursuant to subdivision (a) of Section
116906, with respect to all delinquent charges.
(b) (1) If the conditions listed in subdivision (a) are met, the urban and community water system shall offer the
customer one or more of the following options:
(A) Amortization of the unpaid balance.
(B) Participation in an alternative payment schedule.
(C) A partial or full reduction of the unpaid balance financed without additional charges to other ratepayers.
(D) Temporary deferral of payment.
(2) The urban and community water system may choose which of the payment options described in paragraph
(1) the customer undertakes and may set the parameters of that payment option. Ordinarily, the repayment
option offered should result in repayment of any remaining outstanding balance within 12 months. An urban and
community water system may grant a longer repayment period if it finds the longer period is necessary to avoid
undue hardship to the customer based ori the circumstances of the individual case.
(3) Residential service may be discontinued no sooner than 5 business days after the urban and community water
system posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property
under either of the following circumstances:
(A) The customer fails to comply with an amortization agreement, an alternative payment schedule, or a deferral
or reduction in payment plan for delinquent charges for 60 days or more.
(B) While undertaking an amortization agreement, an alternative payment schedule, or a deferral or reduction in
payment plan for delinquent charges, the customer does not pay his or her current residential service charges for
60 days or more.
116912. An urban and community water system that discontinues residential service for nonpayment shall provide
the customer with information on how to restore residential service.
116914. (a) For a residential customer who demonstrates to an urban and community water system household
income below 200 percent of the federal poverty line, the urban and community water system shall do both of the
following:
(1) Set a reconnection of service fee for reconnection during normal operating hours at fifty dollars ($50), but not
to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment
for changes in the Consumer Price Index beginning January 1, 2021. For the reconnection of residential service
Dec. 10, 2019 Item #9 Page 88 of 90
during nonoperational hours, an urban and community water system shall set a reconnection of service fee at one
hundred fifty dollars ($150), but not to exceed the actual cost of reconnection if'it is less. Reconnection fees shall
be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021.
(2) Waive interest charges on delinquent bills once every 12 months.
(b) An urban and community water system shall deem a residential customer to have a household income below
200 percent of the federal poverty line if any member of the household is a current recipient of CalWORKs,
CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program,
or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares
that the household's annual income is less than 200 percent of the federal poverty level.
116916. (a) This section applies if there is a landlord-tenant relationship between the residential occupants and
the owner, manager, or operator of the dwelling.
(b) If an urban and community water system furnishes individually metered residential service to residential
occupants of a detached single-family dwelling, a multiunit residential structure, mobilehome park, or permanent
residential structure in a labor camp as defined in Section 17008, and the owner, manager, or operator of the
dwelling, structure, or park is the customer of record, the urban and community water system shall make every
good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears
that service will be terminated at least 10 days prior to the termination. The written notice shall further inform
the residential occupants that they have the right to become customers, to whom the service will then be billed,
without being required to pay any amount which may be due on the delinquent account.
(c) The urban and community water system is not required to make service available to the residential occupants
unless each residential occupant agrees to the terms and conditions of service and meets the requirements of law
and the urban and community water system's .rules and tariffs. However, if one or more of the residential
occupants are willing and able to assume responsibility for the subsequent charges to the account to the
satisfaction of the urban and community water system, or if there is a physical means legally ·available to the
urban and community water system of selectively terminating service to those residential occupants who have not
met the requirements of the urban and community water system's rules and tariffs, the urban and community
water system shall make service available to those residential occupants who have met those requirements.
(d) If prior service for a period of time is a condition for establishing credit with the urban and community water
system, residence and proof of prompt payment of rent or other credit obligation acceptable to the urban and
community water system for that period of time is a satisfactory equivalent.
(e) Any residential occupant who becomes a customer of the urban and community water system pursuant to this
section whose periodic payments, such as rental payments, include charges for residential water service, where
those charges are not separately stated, may deduct from the periodic payment each payment period all
reasonable charges paid to the urban and community water system for those services during the preceding
payment period.
(f) In the case of a detached single-family dwelling, the urban and community water system may do any of the
following:
(1) Give notice of termination at least seven days prior to the proposed termination.
(2) In order for the amount due on the delinquent account to be waived, require an occupant who becomes a
customer to verify that the delinquent account customer of record is or was the landlord, manager, or agent of
the dwelling. Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a
government document indicating that the occupant is renting the property, or information disclosed pursuant to
Section 1962 of the Civil Code.
116918. An urban and commu nity water system shall report the number of annual discontinuations of residential
service for inability to pay on the urban and community water system's Internet Web site, if an Internet Web site
exists, and to the board. The board shall post on its Internet Web site the information reported.
116920. (a) The Attorney Gen'eral, at the request of the board or upon his or her own motion, may bring an action
in state court to restrain by temporary or permanent injunction the use of any method, act, or practice declared
in this chapter to be unlawful.
(b) For an urban and community water system regulated by the Public Utilities Commission, the commission may
bring an action in state court to restrain by temporary or permanent injunction the use by an urban and
Dec. 10, 2019 Item #9 Page 89 of 90
community water system regulated by the commission of any method, act, or practice declared in this chapter to
be unlawful.
116922. All written notices required under this chapter shall be provided in English, the languages listed in Section
1632 of the Civil Code, and any other language spoken by 10 percent or more of the customers in the urban and
community water system's service area.
116924. Where provisions of existing law are duplicative of this chapter, compliance with one shall be deemed
compliance with the other. Where those provisions are inconsistent, the provisions of this chapter shall apply.
Nothing in this chapter shall be construed to limit or restrict the procedural safeguards against the disconnection
of residential water service existing as of December 31, 2018.
116926. This chapter does not apply to the termination of a service connection by an urban and community water
system due to an unauthorized action of a customer.
Dec. 10, 2019 Item #9 Page 90 of 90
Item 9
Vicki Quiram, General Manager
Mario Remillard, Meter Services Supervisor
Dec. 10, 2019
Item 9
Implementation of
California Senate Bill 998
Water Shutoff Protection Act
Recommended Actions
•Introduce Carlsbad Municipal Water District (CMWD) Ordinance amending CMWD Ordinance No. 45 to implement California Senate Bill No. 998 (SB 998), Water Shutoff Protection Act.
•Adopt a Resolution of the Board of Directors of the Carlsbad Municipal Water District (CMWD Board) approving Residential Potable Water Service Shutoff Protection Policy for Nonpayment of Charges.
2
Background
•SB998 Water Shutoff Protection Act
-Signed into law on Sep. 28, 2019
-Protection for low income/health impacted customers
-Impacts CMWD/Finance policies and procedures
-Effective Feb. 1, 2020
3
Requirements met in New Shut-off Policy
•Policy will be published in six languages
•60 day waiting period prior to water shutoff (currently 44 days) –Amend Ordinance 45
•7 day notice by telephone or mail
•Provisions for low-income/health impacted customers
–Alternate payment arrangements
–Special considerations before shut-off
4
Reporting and Enforcement
•Report annual shut-off totals to State Water
Resources Control Board (SWRCB) and post on
city’s website
•Attorney General and SWRCB can enforce law
and fines can be assessed
5
Recommended Actions
•Introduce Carlsbad Municipal Water District (CMWD) Ordinance amending CMWD Ordinance No. 45 to implement California Senate Bill No. 998 (SB 998), Water Shutoff Protection Act.
•Adopt a Resolution of the Board of Directors of the Carlsbad Municipal Water District (CMWD Board) approving Residential Potable Water Service Shutoff Protection Policy for Nonpayment of Charges.
6
Questions
7