This article is intended to provide rules and regulations for the construction and use of water service or water system, including installation, alteration and repair of such facilities within or connecting to the city's water service or system.
(Ord. 721 § 1)
The authority of city personnel to administer and enforce the provisions of this chapter shall be vested in the following public employees who shall carry out the functions and duties assigned herein. Any rule, regulation, order, and/or determination issued by a public employee may be subject to the review and approval by, or appeal to, the city manager, as required or as appropriate. The city representatives described below are provided authority and responsibility to implement and administer this chapter:
A. 
The public works director shall have the authority and responsibility to exercise responsible control over the administration, regulation, operation, maintenance and enforcement of this chapter. The director shall be responsible for its interpretation and update and shall exercise supervision over public employees authorized to implement and enforce the provisions of this chapter. The director shall also have the following authority:
1. 
To establish reasonable standards for the design, construction, operation and maintenance of the water system;
2. 
To enforce the rules and regulations established in this chapter through the issuance of permits, notices of violation and cease and desist orders;
3. 
To establish, with the approval of the city council, reasonable charges and fees to provide for the implementation and administration of this chapter, and for the construction, operation, maintenance and administration of the water system which provides the public infrastructure necessary to accomplish the purpose and intent of this chapter;
4. 
To provide for the construction, expansion, extension, repair and maintenance of the water system, including the power to commission the use of consultants and contractors in the execution of these tasks, subject to the policies of the city council; and
5. 
To ensure that the city's water and water system meet all federal, state, and Department of Health requirements and regulations.
B. 
The public works superintendent shall, under the direction of the public works director, supervise and administer the operation of the water system and enforce all rules and regulations contained in this chapter necessary to comply with the orders of the state of California Department of Health Services. The public works superintendent shall be responsible for the following:
1. 
To establish rules and regulations over the distribution, storage and quality of the city's potable water and water system;
2. 
To review and approve applications for new or expanded connections to the water system;
3. 
To issue citations, notices of violations and cease and desist orders as necessary to enforce and administer the provisions of this chapter;
4. 
To hear appeals made by the public for any enforcement action taken by a compliance officer;
5. 
To issue reports to the state Department of Health Services, regional water quality control board, state Water Resources Control Board, Environmental Protection Agency, or any other agency with regulatory authority over the water system on behalf of the city for the purposes of compliance with federal and state clean water laws;
6. 
To maintain city records related to the construction, operation, maintenance and administration of the water system; and
7. 
To operate, maintain, expand, and rehabilitate the water system.
(Ord. 721 § 1)
The public works director or public works superintendent may delegate assignment of certain functions, responsibilities and authorities to specific city personnel under their direct supervision for specific terms of duration, when deemed appropriate due to the absence of such official or when other administrative agencies require the assistance of subordinate staff. The city manager shall have the sole power to assign or transfer specific duties, powers and authorities on a permanent basis if deemed necessary to achieve compliance with federal and state laws.
(Ord. 721 § 1)
This chapter is meant to function in coordination with other chapters of the Millbrae Municipal Code ("MMC") to achieve the stated purpose and intent. Other chapters of the MMC that relate to this chapter include, but may not be limited to:
A. 
Chapter 1.05 MMC, Penalty Provisions.
B. 
Chapter 1.15 MMC, Definitions.
C. 
Chapter 4.65 MMC, Hazardous Materials Storage.
D. 
Chapter 6.20 MMC, Municipal Service.
E. 
Chapter 6.25 MMC, Community Preservation.
F. 
Chapter 8.10 MMC, Backflow and Cross-Connection Control Program.
G. 
Chapter 8.30 MMC, Undergrounding of Utilities.
H. 
Chapter 8.70 MMC, Storm Water Management and Discharge Control.
I. 
Chapter 9.20 MMC, Plumbing Code.
J. 
Chapter 9.70 MMC, Drainage Connection to Sewers.
K. 
Chapter 10.15 MMC, Land Subdivisions.
(Ord. 721 § 1)
The terms and phrases used in this chapter are defined in Article II, Definitions, of this chapter. Technical and scientific terms and units of measure shall have the meaning applied by the state of California, Department of Public Health. If any ambiguity arises concerning the appropriate meaning of terminology, the intent of this chapter or interpretation of its rules, regulations or reports, the public works director shall ascertain all pertinent facts and provide a written interpretation on the intent and meaning of this chapter.
(Ord. 721 § 1)
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, equipment or facilities which are part of the water system. Any person violating this provision shall be subject to the penalties available in this code or under any other applicable law.
(Ord. 721 § 1)
The city will furnish a water system for obtaining, conserving and distributing water for public and private uses. The delivery of water shall be made subject to any terms and conditions established by the city council of the city and in accordance with applicable law.
A. 
Supply. The city will endeavor to furnish the premises of each customer, so far as is reasonably possible, but cannot guarantee, a continuous, safe and potable supply of water at a reasonable pressure at the city's water meter, and will endeavor to avoid any shortage or interruption in water service. In the event that the city is unable to provide satisfactory water service by reason of pressure fluctuations, inadequate volume of water, or intermittent supply, the city will not be liable to any customer for any damage, loss, expense, or inconvenience that may occur as a result thereof.
1. 
Continuity of Service.
a. 
Emergency Interruptions. The city reserves the right to implement temporary emergency shutdowns of or interruptions in the water system due to operational difficulties, natural catastrophes and other causes which may prevent or affect the provision of water service and the city will not be liable for any loss or damage resulting from or arising out of such interruption. The city will make all reasonable efforts to prevent interruptions in service, and when such interruptions occur, will make every effort to reestablish service with the shortest possible delay consistent with the safety of the water system, its customers, and the general public. Where an emergency interruption in service may affect a public or private fire protection system, the city will notify the fire protection agency or the affected property owner of the interruption and of the subsequent timeframe for restoration of service.
b. 
Scheduled Interruptions. The city, whenever it may find it necessary or convenient for the purpose of making repairs or improvements to the water system, reserves the right to implement temporary suspensions or scheduled interruptions in water service and it will not be liable for any loss or damage resulting from or arising out of such interruption. Whenever the city finds it necessary to schedule an interruption in water service, it will, when possible, notify those customers affected by the interruption, giving the approximate time and anticipated duration of the interruption. Scheduled interruptions will be made at such hours as will provide the least inconvenience to the customers consistent with reasonable operations. Repairs or improvements will be implemented as rapidly as practicable. Where a scheduled interruption in service may affect a public or private fire protection system, the city will notify the fire protection agency or affected property owner of the interruption and of the subsequent restoration of service.
2. 
Pressure Conditions. In the installation of all new water mains, the city will endeavor to maintain normal operating pressures of not less than twenty-five pounds per square inch (psi) nor more than one hundred fifty psi at the service connection. Notwithstanding normal operating pressures, during periods of hourly maximum demand at peak seasonal loads and periods of hourly minimum demand, pressures of twenty psi and one hundred seventy psi, respectively, will be considered reasonable. All applicants for service connections or water service shall receive such conditions of pressure and service as are provided by the distribution system at the location of the proposed service connection, and the city shall not be held responsible or liable in any way for any damages, injuries or losses arising out of low pressure or high pressure conditions or interruptions in service.
3. 
Quality of Water. The city will endeavor to supply safe and potable water at all times; provided, however, the city specifically disclaims and gives no warranty, express or implied, as to merchantability, fitness for purpose, chemical composition, quality, or any other matter, of water supplied. The city assumes no responsibility for loss or damage, including but not limited to personal injury, wrongful death, damage to real or personal property, and loss of profits, because of the lack of merchantability, fitness for purpose, chemical composition or quality of water supplied. The city will not be responsible for any loss or damage arising from leaks, breaks, or corrosion in or to city facilities or non-city facilities as a result of the quality of water supplied.
4. 
No Dead-End Lines. Dead-end water lines are not allowed in the water system due to flushing requirements necessitated by the use of chloramines by the San Francisco Public Utilities Commission. In extremely limited circumstances, and in his/her sole discretion, the public works director may allow a dead-end line if it is the only feasible way to supply water to a location and does not significantly impact or burden the city with respect to its obligations to flush the water system. In the event that the dead-end line is allowed, the dead-end line shall be provided with a fire hydrant or blow-off valve for the purpose of flushing the line.
B. 
Resale of Water. Except by special agreement with the city, no customer will resell any of the water supplied by the city, nor shall the city furnish water to premises other than those specified in an application for service.
(Ord. 721 § 1)
No connection to the water system will be installed, altered or repaired without authorization from the city and the payment of all applicable fees and deposits are required in accordance with the current schedule of rates and fees, plus recovery of any special costs for work incurred by city.
(Ord. 721 § 1)
The customer shall provide a valve on the customer's side of the service connection as close as is practicable to the meter location to control the flow of water to the piping on the premises. The customer is prohibited from using the service connection meter stop to turn water on and off to the customer's premises.
(Ord. 721 § 1)
If required by public works director, all new connections to the water system are required to install protective measures, e.g., locks and cages, to protect backflow devices from being tampered with and/or vandalized. The measures shall conform to public works standard specifications and plans.
The customer is responsible for complying with all county, state and federal laws governing the separation of dual water systems and installation of cross-connection prevention devices to protect the public water supply from the danger of cross-connections. The customer is also responsible for the maintenance, annual testing, repair or replacement of the cross-connection prevention device.
The public works director or designee is authorized to immediately remove any cross-connection which he/she believes has the potential to jeopardize public health and safety and to charge the customer for any costs associated with such removal. Regulations regarding the city's backflow and cross-connection control program are codified at Chapter 8.10 MMC.
(Ord. 721 § 1)
The city prohibits the attachment of any booster pump to a service connection on the customer's side of the meter or the use of any other method whereby the customer's share of available water through the main to which the meter is attached is increased beyond the amount of water which would otherwise normally be delivered through such meter.
(Ord. 721 § 1)
The city may from time to time adopt and update standard specifications and construction details, and/or requirements for the design, construction, and repair of water system facilities and lines, which are incorporated herein by reference. Any contractor, developer, subdivider and/or customer must comply with the applicable standard specifications for the design, construction or repair of any water system facility.
(Ord. 721 § 1)
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment, which is a part of the water system.
(Ord. 721 § 1)
No one except an authorized city employee or representative will, at any time, in any manner, operate or interfere with the meter stops, main or gate valves, connections, distribution mains or any other components of the water system. In addition, no person shall commit, authorize, or attempt any of the following acts:
A. 
Divert, or cause to be diverted, water service provided by the city in such a manner as to result in the use, flow or consumption of water that is not registered upon a water meter.
B. 
Make or cause to be made any connection or reconnection to water service without the authorization or consent of the public works director or his/her designated representative.
C. 
Prevent any water meter from accurately performing its measuring function by tampering or by other means.
D. 
Remove a water meter lock-out box.
(Ord. 721 § 1)
The customer will, at his or her own risk and expense, furnish, install and keep in good and safe condition all equipment on the customer's side of the service connection that may be required for receiving, controlling, applying and utilizing water from the city's meter box. The city shall not be responsible for any loss or damage caused by the improper act of the customer or of any tenants, agents, employees, contractors, licensees, permittees, guests or invitees in installing, maintaining, operating or interfering with such equipment. The city will not be responsible for damage to property caused by faucets, valves, and other equipment that are open when water is supplied either originally or re-established after an emergency or scheduled interruption.
(Ord. 721 § 1)
All water system facilities installed by the city on private property are and shall remain the property of the city, and may be maintained, repaired, replaced or removed, upon discontinuation of service, by the city without consent or interference of the owner or tenant of the property. The property owner or tenant will use reasonable care in the protection of the facilities. No payment will be made to any property owner or tenant for placing or maintaining the facilities on private property. No person will place or permit the placement of any object that will interfere with the city's ability to freely access any city facility for maintenance, repair, or replacement. In addition, the city will not be responsible for restoring or replacing any improvements or obstacles on private property that interfere with the maintenance, repair, or replacement of city facilities. The city is not responsible for the installation or maintenance of any water lines or facilities beyond the service connection that are not owned by the city.
(Ord. 721 § 1)
The customer will be liable for any damage to the water system caused by an act of the customer or his tenants, agents, employees, contractors, licensees, permittees, guests or invitees. Such damage may include, but is not limited to, damage to or destruction of locks on or near a meter, and damage to a meter from hot water or steam from a boiler. If repair or replacement of meters or any of the water system is required, as determined by the public works superintendent, the customer promptly shall reimburse the city for the total cost of such repair or replacement, including all costs of equipment, materials, labor, and overhead, upon presentation of an invoice from the city documenting such costs.
(Ord. 721 § 1)
The customer will be liable for any damage to the water system facilities caused by the attachment of an electrical service ground-wire or wires to any plumbing, which is or may be connected to a service connection or main belonging to the city, by the customer or his/her tenants, agents, employees, contractors, licensees, permittees, guests or invitees unless such plumbing is adequately connected to a lawfully driven ground installation on the premises. Neither the city nor its officers, agents or employees will incur any liability of any nature whatsoever by reason of the use of any facility for grounding purposes, which is or may be connected to the water system.
(Ord. 721 § 1)
If a customer makes any material change in the size, character or extent of the customer's equipment connected to the meter box, or to their operations, resulting in a material change in the use of water, the customer will immediately notify the city in writing of the nature of the change and, if necessary, amend his/her application for water service. The customer will bear the actual costs of the installation of a larger meter, and any resulting additional charges including the meter charge, service line charge, monthly service charge, monthly consumption charge, and capital facilities charge based on the changed meter size.
(Ord. 721 § 1)
Representatives from the city shall have the right to enter the customer's premises at reasonable hours for any purpose reasonably associated with the furnishing of water service by the city or at any time in emergency situations needed to protect the integrity or quality of the water system.
(Ord. 721 § 1)
Whether recorded or not, the city has, or has the right to obtain through eminent domain, at least a twenty-foot easement wherever its distribution main is located for purposes of maintaining, repairing and replacing it. The city will not be responsible if any permanent or unique improvements, including but not limited to vegetation, fences, paving or structures, on or within the easement area are removed or damaged in the course of the city maintaining, repairing or replacing the distribution main.
(Ord. 721 § 1)