§ 4.04.010. General provisions.

1.

Purpose and Policy. This ordinance sets forth requirements and procedures for potable water service from the District, establishes and/or sets forth fees and rates for water connection, water use, construction, maintenance and inspection, and enables the District to comply with all applicable State and Federal laws and regulations.

The objectives of this ordinance are:

(a)

To provide for equitable distribution of the cost for operation and maintenance of the District's potable water distribution system;

(b)

To provide for equitable recovery of costs for construction of distribution system capital improvements;

(c)

To establish the District's rights and responsibilities regarding inspection and maintenance of potable water connection facilities;

(d)

To ensure a safe, reliable, healthful and maintainable water distribution system for consumption, fire suppression, irrigation, recreation, and other domestic, commercial and municipal services and activities.

This ordinance shall apply within the service area of the District and to persons outside the District who are, by contract or agreement with the District, users of the District's Potable Water Distribution System.

2.

Definitions.

(a)

"Area of service:" Any and all area, land, or property where water service is provided or is able to be provided by the Cucamonga Valley Water District.

(b)

"Automated meter reading device:" A specified device installed with metered services within new development and replacement meters that transmits meter read information electronically to a remote receiving device.

(c)

"Board of Directors:" The elected governing body of the Cucamonga Valley Water District.

(d)

"Charges and fees:" All fees, rates, deposits and other charges provided for in this ordinance.

(e)

"Construction water service:" Temporary water service obtained from the District for construction purposes on any new facilities or structures.

(f)

"Customer:" Any individual, firm, association, partnership, corporation, trust, joint-venture, or other legal entity who receives water service from the District.

(g)

"Developer:" Any individual, firm, association, partnership, corporation, trust, joint-venture, or other legal entity who desires water service which requires the installation of new, improved or expanded water service facilities.

(h)

"District:" Cucamonga Valley Water District of San Bernardino County, State of California, a public agency.

(i)

"Domestic water service:" Delivery of potable water through an authorized service connection designated primarily for potable and sanitation uses, and other associated uses.

(j)

"Fire service:" Standby and delivery of water through an authorized service connection designated exclusively for fire protection including automatic sprinklers and fire hydrants.

(k)

"General Manager:" The individual, or his duly authorized representative, appointed as such by the Board of Directors as its executive officer and agent designated by the District to supervise the operation of the public water system and who is charged with certain duties and responsibilities, as set forth by this ordinance.

(l)

"Landscape water service:" The delivery of water through an authorized service connection designated exclusively for irrigating designated landscape areas.

(m)

"Master plan:" A five-year water system master plan which is used as a guideline by the District to determine when, where and which new water service facilities are required.

(n)

"Off-site water service facilities:" Water service facilities, not including service connections, which are necessary to transport water from a designated remote location of the District to a point of distribution and connection to a parcel of land, or the subdivision of a parcel of land.

(o)

"On-site water service facilities:" Water service facilities, including service connections, which are necessary to distribute water to a parcel of land, or the subdivision of a parcel of land. The On-Site Water Service Facilities are commonly owned and operated by the Customer.

(p)

"Reconnection": Opening of a valve to permit water to flow through a service connection as a result of water disconnection by means of a turn-off.

(q)

"Person:" Any individual, firm, association, partnership, corporation, trust, joint-venture, or other legal entity.

(r)

"Refund agreement:" An agreement between the District and a Developer to refund the cost of construction of any or all portions of the Off-Site Water Service Facilities installed by said Developer that benefit parcels, or subdivisions of said parcels adjoining said water facilities, where said real property is not owned by Developer and/or is not the subject of Developer's request for water service. The amount refunded will be based on the cost of said Off-Site Water Service Facilities installed and pursuant to the terms and conditions of the applicable Reimbursement Agreement. All parcels located within the area adjoining the Off-Site Water Service Facilities, and receiving a direct benefit of such facilities shall be charged an amount based on the applicable fee and charge for connection of said parcel to the Off-Site Water Service Facilities.

(s)

"Reimbursement agreement:" An agreement between the District and a Developer which sets forth the terms and conditions upon which the Developer will be eligible to receive a refund of the costs of Off-Site Water Service Facilities installed by said Developer that are deemed to be oversized and thereby eligible for a refund. The reimbursement amount shall be based on the differential cost between the cost of the Off-Site Water Service Facilities with the oversized portion and the cost of the Off-Site Water Service Facilities necessary to serve the Developer's property pursuant to the Developer's application for service.

(t)

"Service connection:" The water pipe, or pipes, and appurtenances installed by the developer to transport water from adjoining District facilities located within a public right-of-way or easement to the developer's parcel of land. Said service connections shall terminate at the customer side of the meter and meter box located at a specified place approved by the District.

(u)

"Subdivision:" The division, by a developer, of any part of portion of a parcel of land, within the service area of the District, into two or more separate parcels or units for sale or lease for residential, commercial, or industrial purposes.

(v)

"Transmission facilities:" Any designated District facilities, and appurtenances, considered to be the backbone infrastructure that transports large quantities of water within the District to and from the storage facilities and the District treatment/processing plants. Such facilities shall not be used as, nor be deemed to be, part of the On-Site Water Service Facilities which are required for the connection and delivery of water service to a Customer or Developer.

(w)

"Turn-off:" Closing of valves that prevent water flow through a service connection as a result of non-payment of a bill, improper application for service, a non-sufficient fund payment, voluntary disconnection, or any other act, physical or otherwise, that causes disconnection of service.

(x)

"Uniform plumbing code" means specifically the 2003 Uniform Plumbing Code developed and published by IAPMO [International Association of Plumbing and Mechanical Officials].

(y)

"Water system capacity fee:" A charge imposed upon any property or subdivision of property prior to the installation of any physical connection to any District facilities for the purpose of receiving domestic and/or landscape water service. The purpose of said fee is for funding the necessary increased capacity needs of the system created by the new service connection.

(z)

"Benefitted property:" All the property, or any portion thereof, located within six hundred sixty (660) feet either side, measured at right angles, of any District facilities installed by the Developer which are subject to a Refund Agreement.

(aa)

"Water service facilities:" Any water mains, including appurtenances, used for providing water service to any parcels of land or subdivision of said parcels of land, excluding designated transmission facilities.

3.

Abbreviations. The following abbreviations shall have the designated meanings:

AMR = Automated Meter Reading Device

CVWD = Cucamonga Valley Water District

HCF = Hundred Cubic Feet

IEUA = Inland Empire Utilities Agency, a Municipal Water District

UPC = Uniform Plumbing Code (as defined in subsection 2)

4.

Construction.

(a)

Wherever in this ordinance "shall" is used, the word is mandatory. When "may" is used, the word is permissive.

(b)

The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

(Ord. No. 30-H, § 1, 8-27-2013)