As set forth in WMWDC § 5.40.030, the district reserves the right to require customers to use recycled water in lieu of nonpotable or potable water supplies for all approved uses. In the event of such mandatory recycled water use for new or existing customers, the district will provide the applicable customer with a notice of determination to use recycled water which will explain the reasons for mandatory use, resultant procedures needed to facilitate recycled water use, proposed conditions and schedule for initiation and/or conversion, and any incentives provided for such initiation/conversion. Said notice, including the conditions, time schedule for initiation/conversion, and a recycled water permit application, shall be sent to the applicable customer by certified mail. In the event the customer is subject to any other application for service or service connection pursuant to the district's rules and regulations, the above-mentioned notice and information will be set forth in the applicable document or application.
(Ord. 364 § 1(7.1), 2006; Ord. 377 § 12, 2010)
If a customer receiving a notice of determination requiring mandatory recycled water use believes such mandatory participation is not required or is otherwise inappropriate, the customer may file a notice of appeal with the district within 15 calendar days after any notice containing the proposed conditions of recycled water service is delivered or mailed to the customer. The notice of appeal must be in writing and may request reconsideration or modification of the proposed conditions or schedule for initiation/conversion of recycled water service. The notice of appeal shall state in detail the specific facts supporting the request for reconsideration/modification. Within 30 days of receiving such request, the general manager or his designee shall render a decision on the appeal.
(Ord. 364 § 1(7.2), 2006; Ord. 377 § 12, 2010)
If the customer objects to the general manager's decision on the appeal, the customer may, within 10 days after notification of the decision by the general manager or his designee, file a written appeal with the board of directors. The matter shall then be set for consideration before the board at the earliest practical date. At said meeting, the board may hear additional evidence, and may reject, affirm or modify the decision of the general manager or his designee. Said decision by the board shall be final. The board's consideration of the matter shall be informal and shall not be subject to formal rules of evidence nor shall there be the calling of witnesses. At said meeting, the board will hear a presentation from district staff regarding the district determination from which the appeal has been filed and the customer shall then be given the opportunity to make a presentation regarding the basis for the appeal.
Notice of the determination by the board shall be mailed to the customer within 10 calendar days of such determination and shall indicate whether the appeal has been granted in whole or in part and set forth the terms and conditions of the decision, if any. If the appeal is denied, the customer shall comply with all terms and conditions of the order or notice.
In the event a customer's appeal is granted, the customer shall be required to comply with the rules and regulations which may apply to the scope and type of water use which is permitted as a result of the appeal and shall be required to pay any and all rates and charges which may apply to said water use. For example, and not by way of limitation, the water use provided to the customer shall be contingent upon payment of the applicable AFC connection fees, connection construction costs, and other applicable rates and charges.
(Ord. 364 § 1(7.3), 2006; Ord. 377 § 12, 2010)