San Dieguito Water District (District) may discontinue residential water service for customers who fail to make payment in accordance with the terms of the Discontinuation of Water Service Policy (Policy).
Purpose
This Policy has been established to adhere to the laws regarding discontinuation of water service for residential customers due to non-payment of their water bill as set forth by Government Code § 60370 et seq. and Health & Safety Code § 116900 et seq. (California Senate Bill 998).
Scope
This policy governs all residential water service bills calculated and delivered by the District that are in a delinquent status and scheduled for discontinuation.
Procedure
1.1 
Water service charges are payable to the District once every two months or at such other frequency as determined by the District. All bills for water service are due and payable 18 calendar days after the bill date. Any bills not paid within such period are considered delinquent. Once the bill is received, payment arrangements may be requested up until the time of discontinuation on the 80th day after the bill was issued (see Section 2 for these alternatives).
1.2 
After an account becomes delinquent, the following will occur:
A. 
On the 27th day after the bill date, a reminder notice is mailed to the customer of record. This notice will indicate that the District intends to discontinue water service for nonpayment if not paid by the 79th day.
B. 
On the 46th day after the bill date, an automated phone call is sent to the phone number(s) on file informing the customer that their account is in a delinquent status, a late fee will be assessed, and that the customer may request a copy of this policy.
C. 
On the 48th day after the bill date, a late fee is assessed to the account and a notice is sent to the service address informing the occupant(s) that service will be discontinued in 32 days due to non-payment of the water bill. If service is provided by a master meter and the District is unable to provide notice to the occupants by mail, the District will make an alternative good faith effort to provide the notice to the occupants by posting copies at the premises. The notice will inform the occupants that they have the right to become customers of the District without being required to pay the amount due on the delinquent account. Terms and conditions for occupants to become customers of the District are provided in Section 4 below.
D. 
On the 67th day after the bill date, an automated phone call is sent to the phone number(s) on file informing the customer that their account is still in a delinquent status and the water service will be discontinued if it remains unpaid.
E. 
If the District is unable to make contact with the customer by phone, an urgent notice will be posted at the property on the 75th day after the bill date with a copy of this Policy.
F. 
On the 80th day after the bill date, the District will discontinue water service for nonpayment.
2.1 
Minimum Payments. The District will carry a maximum balance of $40.00 to the next water bill with no penalties or late fees.
2.2 
The District will not discontinue service while a customer’s payment is under a District-approved payment arrangement, and the customer remains in compliance with the approved payment arrangement. Prior to the 80th day after the bill date, the District may approve a payment arrangement for an outstanding balance with a requirement that all subsequent water bills must be kept current while the payment arrangement is in effect. If a customer defaults on a District-approved payment arrangement, or fails to pay subsequent water bills while the payment arrangement is in effect, the District may discontinue water service after posting a final notice of intent to discontinue service in a prominent and conspicuous location at the service address at least 5 business days before the discontinuation of service.
2.3 
In addition, the District will not discontinue water service if all of the following conditions are met:
A. 
The customer, or a tenant of the customer, submits certification from a primary care provider that discontinuation of water service would be life threatening or pose a serious threat to the health and safety of a resident of the premises; AND
B. 
The customer is financially unable to pay within a normal billing cycle. This can be shown by either:
1) 
Demonstrating that someone in the household is a recipient of one of the following programs:
•
CalWorks
•
CalFresh general assistance
•
Medi-Cal
•
Supplemental Security Income/State Supplementary Payment Program
•
California Special Supplemental Nutrition Program for Women, Infants and Children
2) 
Or declaring under penalty of perjury that household income is less than 200% of the federal poverty level; AND
C. 
The customer is willing to enter into a payment arrangement with respect to the delinquent charges.
For customers who meet all of the above conditions, the District will offer a payment arrangement to the customer.
The customer is responsible for demonstrating that the above conditions have been met. Upon receipt of documentation from the customer, the District will review the documentation within 7 days and either: (1) request the customer’s signed assent to participate in the payment arrangement; (2) request additional information from the customer; or (3) notify the customer that he or she does not meet the above conditions.
The District may discontinue water service if a customer who has been granted a payment arrangement under this section fails to do any of the following for 60 days or more: (a) to make on-time payments for any amount due under the payment arrangement or (b) to make on-time payments for his or her current charges for water service. The District will post a final notice of intent to discontinue service in a prominent and conspicuous location at the service address at least 5 business days before discontinuation of service. The final notice will not entitle the customer to any investigation or review by the District.
2.4 
Disputing a Water Bill. Any customer desiring to initiate a complaint, or request an investigation concerning service or charges shown on a bill must do so within 5 days after receipt of the bill. For purposes of this section only, a bill shall be deemed received by a customer 5 days after mailing. Any such complaint or request must be in writing and filed with the District Finance Manager. The review will include consideration of whether the customer may receive an extension or other payment arrangement satisfactory to the District. The District may, in its discretion, review untimely complaints or requests for investigation; however, such complaints or requests are not subject to appeal. While under review, the account will incur no late fees or penalties until the review is completed and the determination will be reported to the customer in writing.
2.5 
Appeal of Determination. Any customer whose timely complaint or request for an investigation pursuant to Section 2.4 has resulted in an adverse determination by the Finance Manager may appeal the determination to the Board of Directors by filing a written notice of appeal with the District’s General Manager within 7 business days of the District’s mailing of its determination. Upon receiving the notice of appeal, the District’s Manager will set the matter to be heard at an upcoming Board Meeting and mail the customer written notice of the time an place of the hearing at least 10 days before the meeting. The decision of the Board shall be final. If the Board determines the customer’s claim is not justified, the full amount owed shall be paid within 3 business days. If the Board determines that the customer’s complaint is valid, corrections will be made in the District office within 5 business days. The District will not discontinue water service while an appeal is pending.
2.6 
In a landlord-tenant situation where the District has issued a notice of intent to discontinue service for nonpayment, the occupants can apply for water service pursuant to Section 4 of this Policy.
3.1 
Water service may be restored, with a $40.00 reconnection fee, during regular business hours after payment is made in full in one of the following ways:
A. 
Payment is made at the District Office.
B. 
Payment is made online and a confirmation number is provided and payment is verified by the District.
4.1 
This section only applies when a property owner, landlord, manager or operator of a residential service address is listed as the customer of record and has been issued a notice of intent to discontinue water service for non-payment.
4.2 
The District will make service available to the actual residential occupants if each occupant agrees to the terms and condition of service, including deposit requirements. However, if one or more occupants are willing to assume responsibility for subsequent charges to the account to that satisfaction of the District, or if there is a physical means, legally available to the District, of selectively discontinuing service to occupants who have not met the requirements of the District’s rules and regulations, the District shall make service available only to occupants who have met those requirements.
4.3 
To be eligible to become a customer without paying the amount due on the delinquent account, the occupant shall 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, rental agreement, rent receipts, a government document indicating the occupant is renting the property, or information disclosed pursuant to Section 1962 of the Civil Code, at the discretion of the District.
5.1 
In addition to discontinuation of water service, the District may pursue any other remedies available for non-payment of water service charges including but not limited to: securing delinquent amounts by filing liens on real property, filing a claim or legal action, or referring the unpaid amount to collections plus applicable fees.
5.2 
The District reserves the right to discontinue water service for any violation of District policies, rules or regulations other than non-payment.
6.1 
For customer questions or assistance regarding a water bill, the District’s Customer Service staff can be reached at 760-633-2650, or at waterbill@sdwd.org. Customers may also visit the District’s Customer Service counter in person Monday through Thursday from 7:30 a.m. to 5:30 p.m. and alternate Fridays from 7:30 a.m. to 4:30 p.m., except on District holidays.
(Res. No. 2020-02, adopted 5/20/20)