The following terms are defined for purposes of this title:
"Applicant"
means a person who applies for water or recycled water service.
"Backflow"
means an unintended reversal of flow of water and/or other liquids, gases, or other substances into the public water distribution system or water supply.
"Backflow prevention assembly"
means a mechanical assembly designed and constructed to prevent backflow that, while installed, can be repaired and its ability to prevent backflow can be field tested and inspected.
"Backflow prevention assembly tester"
means a person who is certified as a backflow prevention assembly tester by a California State Water Board-recognized certifying organization and pursuant to Article 4, Sections 3.4.1 and 3.4.2 of the most recent Cross-Connection Control Policy Handbook.
"Board"
means Board of Directors of the Carlsbad Municipal Water District.
"City"
means the City of Carlsbad, a municipal corporation in the State of California.
"Connection"
means the metered water or recycled water service connection from a District water or recycled water pipeline facility, respectively.
"Cost"
includes labor, material, transportation, expense, supervision, engineering, and other necessary overhead expense.
"Cross-connection"
means any actual or potential connection or structural arrangement between a public water system, including a piping system connected to the public water system and located on the premises of a water user or available to the water user, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply.
"Cross-Connection Control Policy Handbook"
means the standards for backflow protection and cross-connection control adopted by the State Water Board pursuant to Sections 116407 and 116555.5 of the California Health and Safety Code for the protection of a public drinking water distribution system and public health.
"Cross-connection control specialist"
means a person who is certified as a cross-connection control specialist pursuant to Article 4, Sections 3.4.1 and 3.4.2 of the most recent Cross-Connection Control Policy Handbook.
"Customer"
means any person to whom the District supplies water or recycled water service under contract, either expressed or implied, to make payment for such water or recycled water service.
"Delivery charge"
means the minimum monthly charge to a customer for availability of service, the revenue from which enables the District 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.
"Double check valve backflow prevention assembly" or "DC"
means an assembly consisting of two independently acting, internally loaded check valves, with tightly closing shut-off valves located at each end of the assembly (upstream and downstream of the two check valves) and fitted with test cocks that enable accurate field testing of the assembly.
"Double check detector backflow prevention assembly" or "DCDA"
means a DC that includes a bypass with a water meter for accurately registering flow rates up to two gallons per minute and visually showing a registration for all flow rates.
"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.
"Extension"
means water or recycled water pipeline extension beyond the limit of a subdivision or beyond the street(s) immediately adjacent to the subdivision.
"Fire service"
means the connection to and the installation of a pipe between the public water main and the backflow prevention assembly to be used exclusively for fire protection systems.
"Hazard Assessment"
means an evaluation of a customer's premises designed to evaluate the types and degrees of hazard at a customer's premises.
"High hazard cross-connection"
means a cross-connection that poses a significant threat to public health or the potability or safety of the public water supply.
"Low hazard cross-connection"
means a cross-connection that has been found to not pose a significant threat to the potability or safety of the public water supply but may adversely affect the aesthetic quality of the potable water supply.
"Industrial or commercial"
means any customer using water or recycled water for a building or landscape irrigation of a site other than a residential unit for the purpose of producing goods or services other than the services of housing permanent or transient occupants.
"Legal or equitable owner"
means any owner of record, mortgage trustee, or contract purchaser.
"Meter"
means the device used to measure the amount of water or recycled water the customer uses in units where one unit is seven hundred forty eight gallons.
"Public water system" or "PWS"
has the same meaning as set forth in Section 116275(h) of the California Health and Safety Code.
"Pipeline"
means an existing or proposed conduit for the conveyance of water or recycled water in the water or recycled water distribution system, respectively, of the District.
"Public Works Director"
means the Deputy City Manager of the Public Works Branch of the City of Carlsbad with duties and powers as may be delegated by the Executive Manager.
"Recycled water," sometimes referred to as "reclaimed water,"
means water obtained from the treatment of wastewater that 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, Sections 60304 and 60305 (Use of Recycled Water for Irrigation and for Impoundments).
"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.
"Reduced pressure principle backflow prevention assembly" or "RP"
means an assembly with two independently acting, internally loaded check valves with a hydraulically operating, mechanically independent, differential-pressure relief valve located between the check valves and below the upstream check valve. The assembly shall have shut-off valves located upstream and downstream of the two check valves and test cocks to enable accurate field testing of the assembly.
"Reduced pressure principle detector backflow prevention assembly" or "RPDA"
means a RP that includes a bypass with a water meter for accurately registering flow rates up to two gallons per minute and visually showing a registration for all flow rates.
"Residential unit"
means any single-family or multifamily residential living unit, including houses, duplexes, apartments, condominiums, and mobile homes.
"Risk Manager"
means the Risk Manager of the City of Carlsbad.
"State Water Board,"
unless otherwise specified, means the State Water Resources Control Board.
"Water Authority"
means the San Diego County Water Authority, a wholesale water supplier in San Diego County, California, of which the District is a member agency.
"Service connection"
means the tapping of a District water or recycled water pipeline or the installation of a tee, and the laying of a service line from the connection on the pipeline to the meter location.
"Water"
means potable water fit for human consumption in accordance with applicable State of California and U.S. Federal Government standards.
"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.
"Water meter permit"
means an authorization to install a water meter.
(Ord. 51, 10/7/2025)
A. 
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 District, 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 title, 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 District.
B. 
The Executive Manager may, from time to time, issue rules and regulations to carry out the purposes of this title.
(Ord. 51, 10/7/2025)
A. 
On failure to comply with the rules and regulations established by the District as a condition precedent to the right to use potable water or recycled water, or to pay rates or any charges imposed in the time and manner stated in this title, upon reasonable notice, the water and recycled water may be shut off until payment of amount due, including a ten-percent late fee, is received by the District.
B. 
Bills for water service are delinquent if they are not paid by the due date. Delinquent charges are subject to additional fees. Charges will continue to accrue until the customer notifies the District to discontinue service. The District may be notified in writing or by calling the City's Utility Billing Department. If the commercial potable water or the recycled water bill remains unpaid after forty-four days following the due date of such bill, 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 have been paid.
C. 
Residential Potable Water Service. Subject to the provisions in the District's Residential Water Service Shutoff Protection Policy for Nonpayment of Charges, if the residential potable water bill remains unpaid after sixty days following the due date of such bill, 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 any past due amount, plus any additional charges have been paid.
(Ord. 51, 10/7/2025)
Any authorized employee of the City 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 adhered to by the customer.
(Ord. 51, 10/7/2025)
Any authorized employee of the City 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 District governing the consumption of water or recycled water, and for that purpose may at any time go upon the premises of the customer.
(Ord. 51, 10/7/2025)
In case an authorized City employee or agent of the District is refused admittance to any premises supplied with water or recycled water by the District, or on being admitted is hindered or prevented from making such examination or inspection by any person or by the maintenance on such premises of an animal, or for any other reason, the Executive Manager may cause the service of water or recycled water to such premises to be discontinued in accordance with Section 2.04.060 and subject to additional enforcement as provided for in Carlsbad Municipal Code Chapters 1.08 and 1.10.
(Ord. 51, 10/7/2025)
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 or agent will not be hindered or prevented from making such examination or inspection.
(Ord. 51, 10/7/2025)
Where the District incurs expenses for the replacement, repairs, or adjustments of any service connection or meter resulting from the act, negligence, or carelessness of the customer, the expenses 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.
(Ord. 51, 10/7/2025)
It is unlawful for any person other than an authorized City employee or agent of the District to:
A. 
Open any fire hydrant, corporation stop valve, gate valve, or angle meter stop valve;
B. 
Interfere in any manner with any water service, water connection, or any water meter attached to any service pipe connected to the water pipelines;
C. 
Turn on or off water or recycled water pipelines of the District;
D. 
Tap, break, or damage any water or recycled water pipeline of the District, or any reservoir, pumping station or pressure reducing station of the District;
E. 
Tap any water or recycled water service pipe or take or draw water from any water pipe or fire hydrant of the District without paying the established water rate and receiving permission for such service after having made written application as provided by this chapter;
F. 
In anyway trespass upon the public property of the District or conduct any work within a District easement without written permission first being obtained from the District; or
G. 
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 District of such fact.
(Ord. 51, 10/7/2025)
All bills for labor and materials furnished, and other charges, shall become due and payable thirty days from date of mailing unless otherwise indicated on the bill.
(Ord. 51, 10/7/2025)
A. 
If a dispute arises between any water or recycled water customer and the District 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, or the delegated authority of the Executive Manager or designee. The final decision and settlement approval of the Board shall be recorded in the minutes of the Board.
B. 
The provisions and procedures provided for in this section in no way affect the other provisions of this title and only apply to Chapter 2.04.
(Ord. 51, 10/7/2025)
A. 
No suit shall be brought against the District unless a claim has first been presented in writing and filed with the Secretary to the Board and acted upon by the District following the procedures prescribed by Title 1, Division 3.6 of the California Government Code (commencing with Section 900). As permitted by California Government Code Section 935, the claim presentation and filing requirement applies to claims excepted by Government Code Section 905 and not governed by any other expressly related statutes or regulations.
B. 
Subject to Government Code Sections 945.6 and 946, a claim relating to a cause of action for death or for injury to person, property, or growing crops shall be presented in the manner provided in Article 2 (commencing with Section 915) of the California Government Code not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented in the same manner not later than one year after the accrual of the cause of action.
C. 
The functions of the District required to be performed in considering and rejecting, approving, compromising, or settling claims provided for by this section are delegated to the Executive Manager or a designee, subject to concurrence by the General Counsel or designee, provided the amount of any allowed, compromised, or settled claim does not exceed twenty-five thousand dollars for claims related to water service and ten thousand dollars for all other claims, or such other amounts established by resolution of the Board.
(Ord. 51, 10/7/2025)