Authority of Marin Municipal Water District, CA Water Service Rates and Charges

A customer served by a water meter that has been upsized for non-consumption purposes (i.e., due to private fire suppression system and/or due to low system pressure) may apply for an adjustment to the capital maintenance fee and the bimonthly service charge under this section.

A customer shall submit a district-supplied application form and documentation demonstrating that the meter was upsized for non-consumption purposes. The district shall determine whether the documentation supports reducing the capital maintenance fee and bimonthly service charge and, if so, what meter size is appropriate for calculation of such fees in light of the likely water demand of the property as measured by plumbing fixture count or other data available to the district.

The general manager or designee shall determine whether a reduction is warranted under the standards of subsection (b) of this section and issue a written decision. For those property owners qualifying for fee adjustments under this section, the fee adjustments shall apply from the date the district determines that the customer's application for an adjustment is complete. If the general manager or designee denies an application in reliance on evidence other than that submitted by the applicant, he or she shall provide the applicant an opportunity to review, and submit written comment on, that evidence before making a final decision. The decision of the general manager or designee to grant or deny an application shall be final as to the district, but subject to judicial review under Code of Civil Procedure Section 1094.5.

(d)

To ensure compliance with this section's purpose to proportionally allocate the cost of water service among district customers, the district may perform a water audit of any property for which an adjustment has been granted pursuant to this section.

(Ord. 442 §5, 2019; Ord. 444 §2, 2019; Ord. 464 §7, 2023)

§ 6.01.025 Tiered commodity charge.

All single-family residential customers on metered service, Billing Code 1, and all single-family residential customers with two legal living units not required to have separate meters pursuant to Section 11.04.070, and duplexes on metered service, Billing Code 2, shall pay a bimonthly commodity charge for water consumption on a per CCF basis to cover their proportionate share of the costs associated with providing the water. The bimonthly rates and effective dates of the commodity charge are as follows:

Bimonthly Commodity Charge for Single-Family Residential and Duplexes Billing Codes 1 and 2 ($/CCF)
Tiers	All Use (CCF)	Effective 7/1/2023	Effective 7/1/2024	Effective 7/1/2025	Effective 7/1/2026
1	0-15	$7.67	$9.16	$10.24	$10.86
2	16-25	10.02	11.96	13.38	14.19
3	26-80	16.19	19.33	21.62	22.92
4	81+	24.77	29.58	33.08	35.07

All other multiple-unit residential customers on metered service, Billing Codes 3, 4 and 5, shall pay a bimonthly commodity charge for water consumption on a per CCF basis for each living unit to cover their proportionate share of the costs associated with providing the water. The bimonthly rates and effective dates of the commodity charge are as follows:

Bimonthly Commodity Charge for Multi-Unit Residential Customers Billing Codes 3, 4 and 5 ($/CCF)
Tiers	All Use (CCF)	Effective 7/1/2023	Effective 7/1/2024	Effective 7/1/2025	Effective 7/1/2026
1	0-10	$8.19	$9.78	$10.94	$11.60
2	11-20	10.30	12.30	13.76	14.59
3	21-28	14.94	17.84	19.95	21.15
4	29+	19.69	23.51	26.29	27.87

All nonresidential customers on metered service, Billing Codes 6, 7, 8 and 19, shall pay a bimonthly commodity charge for water consumption on a per CCF basis to cover their proportionate share of the costs associated with providing the water. Pursuant to Sections 11.08.035 and 11.24.050, these customers are provided a bimonthly allotment of water (water budget) based on their defined water needs and billed based upon their individual baselines. The bimonthly rates and effective dates of the commodity charge are as follows:

Bimonthly Commodity Charge for Nonresidential Customers Billing Codes 6, 7, 8 and 19 ($/CCF)
Tiers	Use % of baseline	Effective 7/1/2023	Effective 7/1/2024	Effective 7/1/2025	Effective 7/1/2026
1	0-85%	$8.42	$10.05	$11.24	$11.92
2	86-150%	15.29	18.26	20.42	21.65
3	over 150%	16.09	19.21	21.28	22.77

(Ord. 344 §2, 1993; Ord. 348 §2, 1993; Ord. 350 §2, 1993; Ord. 356 §2, 1994; Ord. 363 §2, 1995; Ord. 380 §2, 1997; Ord. 393 §2, 2001; Ord. 399, 2003; Ord. 407 §3, 2007; Ord. 410 §3, 2008; Ord. 412 §3, 2009; Ord. 415 §3, 2010; Ord. 423 §3, 2011; Ord. 424 §3, 2012; Ord. 431 §5, 2015; Ord. 437 §4, 2017; Ord. 442 §6, 2019; Ord. 445 §2, 2019; Ord. 464 §8, 2023)

§ 6.01.026 Variance procedures for qualifying multi-family residential owners.

The legal owner of a multi-family residential building with water service in the owner's name shall qualify for a variance adjustment if the owner shows proof of all of the following:

Installation of water conservation measures, including, but not limited to, the lowest volume shower heads, lowest volume faucets, 1.6 gallon toilets and front loading washing machines;

Attests to that installation under penalty of perjury on the district's standard form;

No swimming pool served by the same meter that provides water to the building;

Metered service's summer use of not more than 20% greater than winter use;

Has undergone a District Conservation Assistance Program ("CAP") audit and complied with district staff's direction concerning specific conservation requirements;

The building is in compliance with all Uniform Codes, including, but not limited to, Housing, Building, Fire and Plumbing Codes and all state or local codes, ordinances, statutes and regulations that are related to the use, distribution and conservation of water; and

Metered service has 65% or less of winter water use; i.e., ccf(s) for that multi-family residential building billed in Tier 1.

For purposes of this section, "winter" shall be defined as the January/February and March/April billing periods. Water addressed in a leak adjustment shall not be used to qualify for the variance provided in this Section 6.01.026.

Annually, at the end of each winter billing period, the district shall screen all multi-family residential accounts and identify those accounts with 65% or less of winter water use; i.e., ccf(s) billed in Tier 1. The district will notify those property owners that they may qualify for a variance adjustment provided all of the criteria listed in this Section 6.01.026(a) are met. Upon receipt of an application, the district shall evaluate compliance with Section 6.01.026(a). If the district, in its sole discretion, determines that a property owner qualifies for an adjustment, then the amount of the adjustment shall be based on actual water use; i.e., ccf(s) from the previous July 1 to June 30th of that year. The adjustment will recalculate the property owner's annual water usage to reflect 65% in Tier 1, not to exceed 22 ccf(s) per unit per billing period. (Any water usage not billed in Tier 1 that is 22 ccf(s) or less per unit per billing period shall be billed in Tier 2. In other words, if water use in Tier 1 is less than 22 ccf(s), then the difference between the water use billed in Tier 1 and 22 ccf(s) shall be billed in Tier 2.) Any water used in excess of 22 ccf(s) per unit per billing period shall be billed in Tier 3. Those qualifying property owners shall receive a refund, as calculated by the district.

(Ord. 382 §2, 1998)

§ 6.01.027 Variance procedure—Tier 4 rate.

Consumers whose water use is in Tier 4 may qualify for an exemption from the Tier 4 rates and may be billed at the Tier 3 rate for water used in Tier 4, if the consumer permits a district employee to inspect the property (where the water use occurs) and it is confirmed that property meets all of the water conservation criteria contained in a board resolution entitled "Tier 4 Rate Variance Criteria."

For those consumers that qualify, the variance may be granted for a two-year period. Thereafter, the consumer must requalify for the variance based on requirements then in effect.

(Ord. 399 §4, 2003)

§ 6.01.030 Hydrant meter service.

All consumers receiving hydrant service shall pay a bimonthly charge of 150% of the Tier 1 water rate for Billing Code 1 specified in Section 6.01.025 per CCF used plus the bimonthly service charge specified in Section 6.01.020 based on the size of the meter prorated on a daily basis.

(Ord. 348 §2, 1993)

§ 6.01.035 Off-hour meter charge billing rates.

When a consumer who has been given a two-week advance notice of a required meter change will not permit the district to change the meter during normal working hours, the consumer will be billed for the off-hour meter change at the following hourly rate:

Meter Size	Amount
5/8″ - 1″	$50.00
1 1/2″ - 2″	110.00
3″ and larger	325.00

(Ord. 348 §2, 1993)

§ 6.01.040 Unmetered service.

Consumers receiving unmetered water supplied by the district for construction in progress, where it is not practical to measure the quantity by meter, shall pay a bimonthly charge of 150% of the Tier 1 water rate for their billing code specified in Section 6.01.025 per CCF for the amount of consumption estimated by the district plus the bimonthly service charge specified in Section 6.01.020 for a one-inch meter or larger if the district estimates consumption to be higher than that typically used by a one-inch service.

(Ord. 348 §2, 1993)

§ 6.01.050 Fire service line charge.

All customers with a private fire service line where the private fire service line is utilized exclusively for fire suppression purposes, Billing Code 0, shall pay a bimonthly fire service line charge based upon the size of the meter or lateral serving the property to cover their proportionate share of the costs associated with providing the private fire service line. The bimonthly rates and effective dates of the fire service line charge are as follows:

Fire Service Line Charge ($/Meter or Lateral Size) Billing Code 0
Size of Meter or Lateral	Effective 7/1/2023	Effective 7/1/2024	Effective 7/1/2025	Effective 7/1/2026
2″	$21.41	$22.48	$23.60	$24.78
4″	49.29	51.75	54.34	57.06
6″	95.66	100.44	105.46	110.73
8″	157.55	165.43	173.70	182.39
10″	240.06	252.06	264.66	277.89

In addition, all consumption for testing and/or fire suppression registered on a detector check bypass meter shall be billed at twice the water rates for Billing Code 1 specified in Section 6.01.025.

(Ord. 344 §2, 1993; Ord. 348 §2, 1993; Ord. 356 §2, 1994; Ord. 363 §2, 1995; Ord. 380 §2, 1997; Ord. 381 §2, 1998; Ord. 410 §4, 2008; Ord. 412 §4, 2009; Ord. 415 §4, 2010; Ord. 423 §4, 2011; Ord. 424 §4, 2012; Ord. 431 §6, 2015; Ord. 437 §5, 2017; Ord. 442 §7, 2019; Ord. 464 §9, 2023)

§ 6.01.060 Metered raw water commodity charge.

All customers on metered raw water service, Billing Code 9, shall pay a bimonthly commodity charge for raw water consumption on a per CCF basis to cover their proportionate share of the costs associated with providing the raw water. The bimonthly rates and effective dates of the commodity charge are as follows:

Commodity Charge ($/CCF) Billing Code 9
	Effective 7/1/2023	Effective 7/1/2024	Effective 7/1/2025	Effective 7/1/2026
All Use ($/CCF)	$5.32	$6.35	$7.10	$7.53

(Ord. 348 §2, 1993; Ord. 393 §3, 2001; Ord. 399, 2003; Ord. 407 §4, 2007; Ord. 410 §5, 2008; Ord. 412 §5, 2009; Ord. 415 §5, 2010; Ord. 423 §5, 2011; Ord. 424 §5, 2012; Ord. 431 §7, 2015; Ord. 437 §6, 2017; Ord. 442 §8, 2019; Ord. 464 §10, 2023)

§ 6.01.070 Metered recycled water rate.

All customers on metered recycled water service, Billing Code 10, shall pay a bimonthly commodity charge for recycled water consumption on a per CCF basis to cover their proportionate share of the costs associated with providing the recycled water. The bimonthly rates and effective dates of the commodity charge are as follows:

Bimonthly Recycled Water Commodity Charge ($/CCF) Billing Code 10
	Effective 7/1/2023	Effective 7/1/2024	Effective 7/1/2025	Effective 7/1/2026
All Use ($/CCF)	$5.43	$5.63	$5.84	$6.06

(Ord. 348 §2, 1993; Ord. 356 §2, 1994; Ord. 363 §2, 1995; Ord. 377 §2, 1997; Ord. 380 §2, 1997; Ord. 393 §4, 2001; Ord. 399, 2003; Ord. 407 §5, 2007; Ord. 410 §6, 2008; Ord. 412 §6, 2009; Ord. 415 §6, 2010; Ord. 423 §6, 2011; Ord. 424 §6, 2012; Ord. 431 §8, 2015; Ord. 437 §7, 2017; Ord. 442 §9, 2019; Ord. 464 §11, 2023)

§ 6.01.080 Rates for unauthorized use.

The rate for unauthorized use of District water shall be three times the Tier 1 water rate for Billing Code 1 specified in Section 6.01.025 per CCF. "Unauthorized use" means use of any District water without having made application to the District for water service or use of any District water not metered pursuant to an application or permit. Anyone making unauthorized use of water delivered through a meter shall be liable for its cost from and after the date of the last recorded meter reading, or from and after the date of any previous meter reading that may more nearly coincide with the actual date the service was first used by such consumer. Where unauthorized use occurs from an unmetered source, the district shall estimate the magnitude of consumption using any available pertinent data including: (1) duration of unauthorized use; (2) historical use patterns; (3) application of use; and (4) area average. Anyone making unauthorized use of water, after the district's initial notification of the first violation, shall be subject to a $500 penalty for each subsequent violation. Anyone making unauthorized use of water is also subject to the provisions set forth in Section 13.02.080. of this Code.

(Ord. 348 §2, 1993; Ord. 384 §1, 1998)

§ 6.01.090 Adjustment of bills for loss of water.

The district may, upon written request of a consumer supported by repair bills or other appropriate documentation, adjust such consumer's bill in the case of loss of water due to circumstances beyond the reasonable control of such consumer, such as a mechanical malfunction, blind leak, theft of water, vandalism, unexplained water loss or other unusual or emergency conditions. Adjustments shall not be made for faucet leaks.

A determination of whether an adjustment is granted shall be made at the sole discretion of the General Manager or his or her designee and shall be final. In making the determination, the District may take into account the cause of water loss, the consumer's opportunity, if any, to detect it, any negligence or fault of the consumer in connection therewith, and the promptness with which the water loss was discovered, stopped and repairs made.

The adjusted consumer's bill shall be calculated as follows:

The District shall credit the customer's account by one-half of the quantity charge for the excess use subject to the following conditions:

The District after investigation shall find all of the following:

(i)

The meter was operating accurately;

(ii)

There was no evidence that the excessive use was due to the intentional or negligent act of the customer;

(iii)

After being notified by the District via billing, letter, door hanger, or by any other documented means, the customer took prompt and reasonable action to ascertain the cause of the excessive use and to correct it;

(iv)

The customer took corrective action within forty-eight hours of discovering or being notified of a leak, pursuant to Section 13.02.020(1)(b), and provide the District with proof of repair within thirty days from the billing date for the period in which the water loss occurred.

The amount of water loss shall be determined by the district. The average measured quantity delivered during the same billing period or periods in the proceeding two years will be used when available and representative of the customer's normal use.

No adjustment shall be made for charge for a surcharge not based on the quantity of water delivered.

Water loss adjustments will be limited to two billing periods, and will also be limited to one adjustment every 36 months. The 36 month period begins the first month of the billing period following the last billing period for which the loss water adjustment was prepared. A second water loss by a particular customer would be eligible to substitute for the first adjustment, if the customer so requests during the 36 month period. If such an adjustment is requested and it is determined to be eligible, the total adjustment will be equal to the larger of the two leak adjustments in the 36 month period after the first adjustment.

The customer shall be responsible for payment of one-half of the calculated water loss at the appropriate tier one rate. Water consumption not subject to the water loss calculation shall be billed at the appropriate tier and tier rate.

(d)

If the cost of the water used in excess of the amount pursuant to subsection (c) is more than $5,000.00, the consumer shall be billed that amount calculated by the general manager taking into account the circumstances surrounding the leak, including whether or not the consumer has submitted a claim to his or her insurance carrier which has been rejected.

(e)

Whenever water from a swimming pool is used by a local fire department for fire suppression purposes and a district consumer subsequently refills that pool with water from a connection to the district's distribution system, the consumer shall qualify for an adjustment to his or her bill for the full amount of water used to refill the pool, as the water used for fire suppression shall qualify as a loss of water. To qualify for an adjustment, the consumer must provide a letter from the local fire department, signed by the local fire chief, or his/her designee, stating that the water from the consumer's swimming pool was used to suppress a fire. The letter shall also state the date of the fire, the approximate number of gallons drawn from the swimming pool and the total capacity in gallons, of the swimming pool. The district may require the consumer to provide supplemental documentation to confirm the information provided in the consumer's request for water loss adjustment.

(Ord. 348 §2, 1993; Ord. 364 §2, 1995; Ord. 366 §2, 1995; Ord. 368 §2, 1995; Ord. 374 §2, 1997; Ord. 390 §1, 2000; Ord. 404 §2, 2005; Ord. 406 §2, 2006; Ord. 408 §2, 2007)

§ 6.01.100 Water rate for people with medical disabilities.

A customer may qualify for receipt of the water rate for people with medical disabilities, if the person shows proof of a medical disability requiring heightened water use related to the disability and of having installed low flow shower heads, WaterSense labeled high-efficiency toilets and low flow faucet aerators. Upon qualifying for the water rate for people with medical disabilities, the following apply:

Tier 1 allotment of water for separately metered district single-family and multi-unit residential customers, not served through a master meter, will be increased by 12 CCFs for each qualifying individual residing at a water service, for each billing period, for use as specified in Section 6.01.025. Tiered Commodity Charge of the Billing Code for Billing Code 1. The Tier 2 through Tier 4 allotments for single-family and multi-family residential customers for use are those specified in Section 6.01.025 Tiered Commodity Charge of the Billing Code; and

The service charge per Section 6.01.020 and the watershed management fee per Section 6.01.021 are waived.

In order to qualify for the rate, a person must fill out an application specified by the district, show proof of a disability requiring use of additional amounts of water from a doctor of medicine or osteopathy licensed to practice medicine in the State of California, and use per billing period an average in excess of the amount specified in Section 6.01.025 for Billing Code 1 at Tier 1.

The district may perform a water audit on any property of a customer receiving the water rate for people with disabilities to assure that the customer is in compliance with this section and other provisions in this code pertaining to water conservation.

(Ord. 348 §2, 1993; Ord. 356 §2, 1994; Ord. 417 §2, 2010; Ord. 423 §7, 2011; Ord. 431 §9, 2015; Ord. 437 §8, 2017; Ord. 444 §3, 2019; Ord. 464 §12, 2023)

§ 6.01.125 Super water saver program.

A consumer may qualify for the super water saver program if they are one of the 3,000 single-family residential customers with the lowest water consumption during each bimonthly billing cycle. Qualifying customers will receive a bimonthly credit of eight dollars on their next bimonthly bill. To qualify for the program, the following shall be met:

Account must be single-family residential (Billing Code 1), primary residence, and with active service at the time of eligibility for the credit; and

Customer must have water service in their name and be on service at the same address for the previous six consecutive bimonthly invoices; and

(3)

Water usage must be a minimum of 1 CCF per invoice for the previous six consecutive bimonthly invoices and one of the 3,000 single-family residential customers with the lowest water consumption during each bimonthly billing cycle over the previous six consecutive bimonthly invoice cycles.

Qualifying Accounts;

The district will evaluate customer usage each billing cycle and will apply the credit to qualifying accounts on a rolling 12-month assessment of an account's consumption during that time.

(Ord. 442 §10, 2019)

§ 6.01.150 Low income discount.

A residential customer with a separately metered district water service account, not served through a master meter, in his or her name may qualify for a waiver of the bimonthly service charge specified in Section 6.01.020, the watershed management fee in Section 6.01.021, and the capital maintenance fee in Section 6.01.023 if he or she shows proof of having installed low flow shower heads, WaterSense labeled high efficiency toilets and low flow faucet aerators and having an annual household income at or below 80% of the Federal Department of Housing and Urban Development low-income limit for Marin County.

The district reserves the right to allot a total maximum dollar amount to be waived per fiscal year under the low-income discount program and to modify the eligibility requirements for this program.

(Ord. 348 §2, 1993; Ord. 431 §10, 2015; Ord. 437 §9, 2017; Ord. 442 §11, 2019; Ord. 444 §4, 2019; Ord. 464 §13, 2023)

§ 6.01.160 Water rate for Residential Care Home.

A Residential Care Home shall be defined as a residential facility, family home, group care facility, or similar facility, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

A consumer may qualify for receipt of the water rate for Residential Care Home, which shall be billed at the Tier 1 water rate specified in Section 6.01.025 for Billing Code 1 for all water used, if the Residential Care Facility meets all of the following conditions:

Is located in a single-family or duplex residential home;

Has a meter size no larger than one inch;

(3)

Shows proof of having installed low volume showerheads, faucet washers, and toilets;

(4)

Shows proof from the regulatory body overseeing the facility that it is a Residential Care Facility, or, if no body is charged with regulating the facility under applicable law, the articles of incorporation, by-laws, and charter showing that it is a Residential Care Facility; and

(5)

Its designation as a Residential Care Facility is renewed annually with the district.

"Non-residential customer"

The district may perform a water audit on any property of a consumer receiving the water rate for a Residential Care Facility to ensure that the consumer is in compliance with this section and other provisions of this code pertaining to water conservation.

(Ord. 407 §6, 2007)

§ 6.01.170 Drought surcharges.

In accordance with the district's water shortage contingency plan, when the following drought stages are declared via resolution of the board of directors or otherwise legally mandated, the tiered commodity charges set forth in Section 6.01.025, the raw water commodity charges set forth in 6.01.060 and the volumetric watershed management fee in Section 6.01.021 shall be increased by the percentages set forth below for the declared drought stage per CCF of usage to cover the proportionate lost revenue and additional costs the district incurs during drought conditions.

Maximum Percentage Increase per CCF to the Tiered Commodity Charges, Raw Water Commodity Charges and Volumetric Watershed Management Fee for each Drought Stage
Drought Stage	July 1, 2023	July 1, 2024	July 1, 2025	July 1, 2026
Stage 1	0%	0%	0%	0%
Stage 2	22%	23%	23%	23%
Stage 3	39%	39%	40%	40%
Stage 4	61%	61%	62%	62%
Stage 5	91%	92%	93%	93%

(Ord. 464 §14, 2023)

Chapter 6.02 RATE STRUCTURE FOR WATER WASTING CUSTOMERS

§ 6.02.010 Purpose.

This chapter establishes an element of the District's water conservation program pursuant to Water Code Section 375. This conservation program is designed to discourage water waste by the creation of a rate structure for customers who refuse to repair water-wasting conditions on their properties. This conservation program is necessary to reduce the quantity of water wasted by District consumers, and conserve the District's limited and precious water supply.

(Ord. 395 §1, 2002)

§ 6.02.020 Definitions.

Definitions for this chapter are as follows:

Water waste"

shall mean:

The washing down of sidewalks, walkways, driveways, parking lots and all other hard-surfaced areas by direct hosing, except as may be necessary to properly dispose of flammable or other dangerous liquids or substances or to prevent or eliminate materials dangerous to the public health and safety;

The escape of water through breaks or leaks within the customer's plumbing or private distribution system for a 48-hour period of time within which such break or leak should reasonably have been discovered and corrected;

Irrigation systems that allow water to pond on the site, over-water or over-spray the areas being watered to the point where water is collecting and/or creating run off.

"Residential customer"

shall include District customer codes consisting of:

One—Single-Family Dwelling;

Two—Duplex Dwelling;

Three—Tri/Four-Plex Dwelling;

Four—Small Apartment Complex with 5 to 9 living units;

Five—Large Apartment Complex with greater than 10 living units.

shall include District customer codes consisting of:

Six—Institutional – schools, courts, churches, hospitals and government agencies;

Seven—Commercial – an enterprise which is engaged in providing or distributing a product or service; Industrial – an enterprise which is engaged in the manufacturing or processing of materials;

Eight—Irrigation.

(Ord. 395 §1, 2002)

§ 6.02.030 Residential/non-residential customer rate structure/water wasting conditions.

Notification Process. Whenever the District staff confirms the existence of a water wasting condition on a customer's property, a warning letter shall be issued to the customer that advises the customer of the condition and that the condition must be corrected within a two week period.

At the discretion of District staff, the customer may be granted up to an additional two-week period to correct the water wasting condition, provided the customer gives the District a compel-ling reason as to why the water wasting condition cannot be completely corrected within the original two-week period. For example, if a customer is unable to schedule a qualified repair professional to perform the corrective work, then the District may grant additional time to comply, provided some temporary measure is employed by the customer to immediately stop the water waste. The customer's request for a time extension shall be submitted to the District in writing and approved by District staff.

Re-Inspection. District staff shall re-inspect the property at the end of the two-week period to verify compliance.

If, at any time after a water wasting condition has been confirmed by District staff, the customer refuses to let District staff re-inspect for compliance, then the District shall charge a residential customer $150.00 and a non-residential customer 20% of last year's total water bill every 60 days until a re-inspection is permitted and verification of compliance is confirmed by District staff.

(3)

Compliance. If, during the re-inspection of the property, District staff determines that the customer has corrected the condition that was causing the water waste, then the customer shall not incur a charge.

(4)

Residential Customer Non-Compliance Charge.

One week after the second letter is sent, District staff will re-inspect the property for a second time to attempt to verify compliance. If the water wasting condition has not been corrected, the District will impose a $150.00 non-compliance charge and a $150.00 charge each 60 days thereafter until the condition is corrected and verified by District staff. In addition, a flow restrictor will be installed at the customer's water meter until the customer requests re-inspection of the property and the District confirms the that the condition has been corrected.

After a $150.00 charge has been imposed and a flow restrictor installed, it is the customer's responsibility to contact District staff and request an additional re-inspection to verify compliance. If after re-inspection, District staff confirms that the condition has been corrected, District staff will remove the flow restrictor on the customer's water meter and no further non-compliance charges will be levied for this incident.

(5)

Non-Residential Customer Non-Compliance Charge.

If after a re-inspection of the property District staff determines that the condition causing water waste still exits, then, a second letter shall be sent to the customer notifying him/her that the property is out of compliance, and that he/she shall be charged a non-compliance charge of $500.00 or 10% of the customer's last year's total water bill whichever is greater. That letter shall also notify the customer that failure to correct the water wasting condition within one week of the date of the second letter, will result in an additional charge of 20% of the customer's total water bill for the previous year, being imposed each 60-day period thereafter until the correction of the condition is verified by District staff.

One week after the second letter is sent, District staff will re-inspect the property and attempt to verify compliance. If the water wasting condition has not been corrected, the following shall apply:

Mixed Use Accounts/One Meter. If the water wasting condition is not corrected, the District will install a flow restrictor on the customer's water meter, and immediately impose a noncompliance charge of 20% of the customer's previous year's total water bill. Each 60 days thereafter, that same charge shall be imposed on the customer until District staff verifies that the water wasting condition has been corrected. (For example, if the customer's annual water bill were for $7,006.00, then the District would apply a charge of $1,401.20 every 60 days there-after until the water wasting condition is corrected.)

ii.

Irrigation Meters. If the non-residential account has a water meter just for irrigation and the water wasting condition was not corrected, then the District will immediately impose a charge of 20% of the customer's previous year's total irrigation water bill. (For example, if their annual water bill were $8,000.00, then the District would apply a bi-monthly charge of 1,600.00 per billing period to the customer's water bill, until the water wasting condition is corrected).

If at the end of the 60-day period and after the 20% charge is billed, the customer has not corrected the water wasting condition, the District will shut off the customer's irrigation water meter until the water wasting condition has been corrected. Once the water meter has been shut off, the District will no longer apply the bi-monthly charge to the customer's water bills.