Chapter 7.04 - WATER USE REGULATIONS AND FEES

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as set forth in this section. The terms below shall have the following meanings when used in Title 7.

“Accessory Dwelling Unit” (A.D.U.) means a separate complete residential unit designed for occupancy by a family. It is substantially contained within the contiguous structure or attached garage of a single-family residence and there is internal access between the units. In addition to an existing dwelling, there shall be no more than one Accessory Dwelling Unit per lot. Accessory Dwelling Units shall be clearly a subordinate part of an existing residence.

“Campground” means park facilities that provide camping opportunities in addition to other uses. Camping is the primary function for this type of park area.

“Church” means land and/or building(s) owned by a private nonprofit entity used for religious purposes and which serves mainly the community where located.

“Commission” means the board of commissioners of the district.

“Commercial customer” means a customer of the district utilizing the premises connected to the district system for commercial purposes, including without limitation, retail uses, grocery and/or convenience stores, restaurants or other eating establishments, bars or lounges, clubhouses, public or private community buildings, gas stations, auto repair or service stations, professional offices, banks or lending institutions, barber or beauty shops, warehouses, theaters or auditoriums, laundromats, schools, medical facilities, hospitals, rest homes, convalescent centers, or treatment facilities.

“Condominium” means real property, portions of which are designated for separate ownership for residential purposes and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to Chapter 64.34 RCW. The terms “common elements” and “unit owners” as used in this definition shall have the meanings set forth in RCW 64.34.020, as amended or recodified. A timeshare condominium is a type of Condominium which includes timeshare condominium units as defined in the definition of Condominium Unit herein.

“Condominium Unit” or “unit” in a Condominium means a physical portion of the Condominium designated for separate ownership, the boundaries of which are described pursuant to RCW 64.34.216(1)(d), as amended or recodified. “Separate ownership” includes leasing a unit in a leasehold condominium under a lease that expires contemporaneously with any lease, the expiration or termination of which will remove the unit from the condominium. A timeshare condominium unit is a Condominium Unit or unit in a Condominium where there is a right to occupy such Condominium Unit or any of several such units during three or more separate time periods over a period of at least three years, including renewal options, whether or not coupled with an estate in land.

“County” means Whatcom County, Washington.

“Customer” means a property owner that has a connection to the district's water system.

“Detached Accessory Dwelling Unit” means a separate and complete dwelling unit not attached in any way to the main or existing dwelling unit; designed for occupancy by a family. In addition to an existing or permitted dwelling, there shall be no more than one Detached Accessory Dwelling Unit per lot. Detached Accessory Dwelling Units shall be clearly a subordinate part of an existing residence.

“District” means the Birch Bay Water and Sewer District, a special purpose district and municipal corporation of Whatcom County, state of Washington.

“Engineer” means any consulting engineer or any district employee performing engineering work for the district.

“Equivalent living unit” (“ELU”) and “residential customer equivalent” (“RCE”) mean unit estimated to have approximately the same water use and/or to produce the same sewer waste as one single-family residence, to be determined in accordance with this chapter.

“Extended service unit” means a water outlet or standpipe installed for the use of persons other than the owner or occupant of the premises. Extended service units shall be separately metered, and shall include washrooms, laundry rooms, bathhouses, standpipes in picnic areas, and all other similar installations.

“Fixture units” as used in this title means that measure of the quantity of water a water plumbing fixture is capable of supplying as specified in the Uniform Plumbing Code, as adopted and amended in the most current Whatcom County ordinances. In situations where the plumbing fixtures for water supply are not listed in the Uniform Plumbing Code as specified above, fixture units shall be determined by the District Code and other applicable policies and procedures approved by the board of commissioners.

“General manager” means the general manager of the district or any authorized employee of the district performing work on behalf of the general manager.

“Hotel/Motel” means any building or group of attached buildings not designed for separate ownership, intended or designed with separate rooms or divided living spaces to be used, rented or hired out, or to be occupied for sleeping purposes only by transients for varying lengths of time, including less than one week.

“Mains” means water lines designed or used to serve more than one premises.

“Mobile Home” means a dwelling designed for long-term human habitation by one family and having complete living facilities; constructed and fabricated into a complete unit at a factory and capable of being transported to a location of use on its own chassis and wheels; identified by a model number and serial number by its manufacturer and designed primarily for placement on an impermanent footing. A unit which was originally built as a mobile home but which has substantially lost its mobility through being placed on a permanent footing, and which wholly meets state standards for such units, shall not be considered to be a mobile home and shall be treated as a single-family dwelling for the purpose of this ordinance only when it is fixed to a permanent footing and tongue and axle have been removed and skirting installed.

“Mobile Home Park” means any parcel or adjacent parcels of land in the same ownership which is utilized for occupancy by more than two mobile homes. This term shall not be construed to mean campgrounds, recreational vehicle parks or tourist facilities for camping.

“Multiple Family Residence” means a single building, or portion thereof, designed for or occupied by two or more families living independently of each other in separate dwelling units on one lot of record and, for the purpose of this code, includes duplexes, triplexes, fourplexes, apartment buildings, and residential condominiums.

“Park Model Trailer” means a trailer designed to provide seasonal or temporary living quarters which may be used with temporary connections to utilities necessary for operation of installed fixtures and appliances. It has a gross trailer area not exceeding 400 square feet or is approved by the state as a park model trailer.

“Park Model Trailer Court” means any parcel or adjacent parcels of land in the same ownership which is utilized for occupancy by more than two park model trailers. This term shall not be construed to mean campgrounds, recreational vehicle parks or tourist facilities for camping.

“Premises” means a continuous tract of land, building or group of adjacent buildings under a single control with respect to the use of water and responsibility for payment therefor. Subdivisions of such use or responsibility shall constitute a division into separate premises as defined in this section.

“Residential customer” means a customer of the district utilizing the premises connected to the district system for residential purposes.

“RV” or “Recreational Vehicle” or “Camping Trailer” means a motor vehicle, or portable structure capable of being transported on the highways by a motor vehicle, that is designed and intended for casual or short-term human occupancy for travel, recreational and vacation uses without a permanent foundation; identified by a model number (RV), serial number and vehicle registration number; equipped with limited water storage and other self-contained living facilities. The term “recreational vehicle” shall include self-contained campers, motor homes and travel trailers and shall not include park model trailers, as they are not self-contained units.

“RV Park” or “Camping Trailer Park” means a parcel of private land in which three or more contiguous sites are primarily for occupancy by recreational vehicles for travel, recreation or vacation uses. For mobile home parks, only sites that are designated and/or are used for recreational vehicles shall constitute a recreational vehicle park. For the purposes of these regulations, the term “recreational vehicle park” shall include camping clubs.

“Service connection” means that portion of the district water supply system connecting the private service line on a premises to the district distribution main, including the tap into the water main, the water meter and appurtenances, the service line from the main to the meter and from the meter to the property line.

Shall–May. “Shall” is mandatory; “May” is permissive.

“Single-Family Residence” means a single residential structure providing complete independent living facilities and intended for long-term human habitation and occupancy by a single family.

“Standard mains” or “permanent mains” means mains conforming to the standard specifications or the district with respect to methods, materials and/or minimum diameter.

“Standard specifications” means those standard specifications, conditions, and requirements for waterworks construction which have been adopted by the board of commissioners of the District. This term includes standard specifications, conditions, and applicable requirements contained in the District's Developer Project Manual, latest edition.

“Substandard mains” means mains not conforming to the standard specifications of the District with respect to methods, materials and/or minimum diameter.

(Res. 782 § 2, 2023: Res. 756 § 6, 2019: Res. 616 § 1, 2002)

All extensions of the District water system, including extensions installed at the expense of a property owner, shall conform to the standard specifications of the District as defined in Section 7.04.010, unless otherwise expressly agreed upon by a vote of the board of commissioners. A water main can be installed to serve properties by the formation of a utility local improvement or by entry of a developer extension agreement with District, all as prescribed by and in accordance with state law and District code. (Res. 756 § 4, 2019)

Service and supply of water shall be rendered only after the signing of an application by the prospective customer and its acceptance by the district, such application to state fully and truly all the purposes for which water may be required; application will include agreement by the applicant to conform to the lawful rules and regulations established by the district. (Res. 75 § 2(A), 1974)

Water service shall be supplied only after all fees, charges and assessments are paid in full. (Res. 75 § 2(B), 1974)

• A. Increase or Decrease in ELUs. Changes made to a premises connected to the district's system may change the number of ELUs for said premises. As a result of any changes in premises, the number of ELUs shall increase, decrease, or remain the same, all in accordance with the standards set forth in this chapter. Within thirty days of making any change in the premises resulting in a higher number of ELUs, the customer shall pay additional general facilities charges for the increased amount of ELUs. Upon making any change in the premises resulting in a lower number of ELUs, subject to compliance with other requirements of this section, the customer shall be eligible for a credit in general facilities charges for the decreased amount of ELUs, which credit shall remain with the premises until used. The obligation for additional general facilities payments for increased ELUs and the potential credit toward future general facilities charges for decreased ELUs shall be calculated based on the general facilities charge in effect at the time the change in premises is made. Upon completion of any change in premises resulting in an increase or decrease in ELUs, the customer shall pay new monthly rates commensurate with the new number of ELUs for the premises.
• B. Charges and Collection for ELU Increase–Implementation. The customer shall have an obligation to notify the district in writing of any changes to his/her premises that increase the number of ELUs for said premises within thirty days of making the change. The district may learn of a change in customer's premises resulting in an increase in ELUs for said premises–from the customer directly, through building permits, report of third parties, through its own investigation, or other means. Upon learning of an increase in ELUs, the district shall bill the customer for any additional general facilities charges owed and begin charging and collecting from the customer a monthly service charge based on the actual number of ELUs for the premises. In the event a customer fails to notify the district within thirty days of a change in the use of his premises as required herein, the district will charge said customer for interest on any additional general facilities charges owed as a result of increased ELUs at a rate of twelve percent per annum beginning from the date the changes in premises resulting in increased ELUs were completed; and the district shall also charge the customer the difference between the monthly rates actually paid and the monthly rates that should have been paid based on the actual number of ELUs, relating back to date said customer changed the premises; provided that, said back charges for monthly rates more than six years delinquent shall not be collectible.
• C. Reduction in Rate/General Facilities Charge Credit for ELU Decrease–Implementation. Whenever the customer desires to discontinue the use of water for any special purpose or through any fixtures mentioned in the original application, he/she shall first cause the fixture to be removed and the branch pipe or service supplying the same to be capped or plugged and shall notify the district in writing before any credit for general facilities charges or reduction in rate will be made. Upon receipt of such written notice from the customer and verification by the district of fixture removal or capping or plugging of facilities, the district shall recalculate the number of ELUs for said premises. Any reduction in ELUs shall result in a credit for general facilities charges and a commensurate reduction in monthly rates as provided in subsection A of this section. In no event shall there be any reimbursement or refund for general facilities charges collected, other than a credit for such future charges for the premises.

(Res. 616 § 3, 2002)

Customers of the district shall not experience any change in their previously assigned number of ELUs until such time as said customers change the nature of their use (e.g., from residential to commercial), add additional uses or fixtures, or otherwise experience an increase or decrease in ELUs as described in this chapter; except that, existing or future customers of the district vested with a complete building permit application for a particular premises, filed with the appropriate local permitting authority on or before the date of this resolution, shall be assigned a number of ELUs for the new building or addition on said premises in accordance with the assignment of ELUs in effect prior to adoption of this resolution. (Res. 616 § 4, 2002)

Service will be discontinued upon the customer giving the district official written notice prior to the date of disconnection. The customer will be responsible for all charges accruing prior to the date specified in the notice, or in case of failure to give notice, then until the water is turned off. (Res. 75 § 2(D), 1974)

• A. A service connection charge or meter-only charge must be paid to the district before water service will be made available to the premises. A service connection charge shall be a fee determined by the cost for installing a service connection to the property line, including meter and all necessary fittings. The meter-only charge shall be a fee determined by the cost for installing a meter only on an existing service line. Such charges for a primary service connection shall be as set forth in Chapter 13.01 of this code.
• B. As set forth in Chapter 13.01 of this code, a charge per account shall be made when there is a change of ownership after the initial application for service. This amount is to be paid at the time of notification of ownership change or with the first billing for service.

(Res. 499 § 1, 1991: Res. 491 § 2, 1990: Res. 419 § 1, 1985: Res. 373 § 1 (part), 1981: Res. 362 § 1 (part), 1980: Res. 232 § I (part), 1977: Res. 75 § 3(A), 1974) (Res. 683, § 1(F), 6-11-2009)

Any application for water service shall be subject to a regional connection charge (“RCC”) for each equivalent living unit (“ELU”) to be connected to the district's water system. The RCC shall be imposed and collected as defined by and in accordance with the First Amendment To Agreement For Wholesale Water Supply (“First Amended Agreement”) entered into on May 27, 2008, between the district and the City of Blaine, and as hereafter amended. The RCC per ELU to be connected to the district water system shall be as set forth in Chapter 13.01 of this code. The RCC shall be in addition to a general facilities charge and any other applicable charges and shall be imposed on all new connections or increases in service demand as of the effective date of this resolution, regardless of the date of application. (Res. 674, § 1, 12-11-2008; Res. 683, § 1(G), 6-11-2009)

Any application for water service shall be subject to a general facilities charge per equivalent living unit to be connected to the district's water system, as set forth in Chapter 13.01 of this code. Said general facilities charge shall be in addition to any connection, permit or inspection fees otherwise applicable. (Res. 639 § 1, 2004: Res. 629 § 1, 2003: Res. 578 § 1, 1997: Res. 522 § A, 1993: Res. 516 § B, 1993) (Res. 660, § 1, 11-9-2006; Res. 683, § 1(H), 6-11-2009)

Upon submission to the district of an application for water service, and payment of a general facilities charge, monthly water service charges shall begin immediately. Any persons who have previously submitted an application for water service, but who have not yet connected to the water system, shall be given notice that they have ninety days to begin paying the monthly service charges; or, if they elect not to begin paying monthly service charges, they will be required to pay any increase in general facilities charges enacted after the date of their application for water service. (Res. 525 § 2, 1993: Res. 516 § H, 1993)

• A. The number of equivalent living units (“ELUs”) for water per service or project, as applicable, shall be as follows:
  • 1. Single-Family Residence. For each single-family residence, one ELU; except that, single-family residences served by a meter greater than 5/8 inch in size shall be the greater of one ELU, or the number of ELUs established pursuant to the calculation method for commercial uses;
  • 2. Multiple Family Residence, Mobile Home Park, or Condominium. For each residential unit, one ELU;
  • 3. Accessory Dwelling Unit (ADU) or Detached Accessory Dwelling Unit (DADU), 3/4 ELU. There shall be no more than one ADU or DADU per Premises;
  • 4. Park Model Trailer Court. For each site in a park model trailer court 3/4 ELU;
  • 5. Camping RV Park or Camping Trailer Park. For each RV or Camping Trailer site in a RV park or trailer court, 1/2 ELU;
  • 6. Combined Park Model, RV and/or Camping Trailer Park: each site will be counted as per above;
  • 7. Campgrounds (With Water Service Only to Individual Sites). For each site in a campground used for camping on a full- or part-time basis, 1/3 ELU;
  • 8. Campgrounds (Without Sewer or Water Service to Individual Sites). For each site in a campground used for camping on a full- or part-time basis, 1/4 ELU;
  • 9. Motel or Hotel. For each room or unit, 1/2 ELU;
  • 10. Commercial Uses. For each commercial use and/or extended service unit, the number of ELUs shall be the greater of one, or the number established based on the number of fixture units serving the commercial use and/or extended service unit. The number of fixture units shall be determined in accordance with this code and other applicable policies and procedures approved by the board of commissioners. The number of ELUs for a commercial use and/or extended service unit shall be determined by dividing the number of fixture units for “public-general use” serving the commercial use and,/or extended service unit by twenty-five; provided that in no event shall the number of ELUs for any commercial use or extended service unit be less than one. Partial ELUs resulting from the division of fixture units by twenty-five shall be rounded to the nearest 1/2 ELU, except for campgrounds described in subsections (A)(7) and (8) of this section;
  • 11. Churches. For each church, one ELU; except that, churches served by a meter greater than 5/8 inch in size shall be the greater of one ELU, or the number of ELUs established pursuant to the calculation method for commercial uses;
  • 12. Combined Facilities. For each property which has more than one business or function on one water connection, the number of ELUs will be based on the combined sum of the individual units which are applicable to each business or function involved;
  • 13. When a customer is not specifically listed in this section, the general manager or his/her designee may determine which category the customer most closely resembles in quantity of water used and classify each customer accordingly; provided that, any residential unit added to a commercial use shall be charged for a minimum of 1/2 ELU, and the total number of additional ELUs for such residential unit shall be determined in accordance with subsection (A)(l) of this section;
  • 14. The minimum number of ELUs for any premises shall be 1/2 ELU.
• B. Any property, which has previously paid for water service, and has continually received water service from the district, but has paid either no general facilities charge or less than the current general facilities charge, shall receive a credit of four hundred twelve dollars against the charge levied in Section 7.04.081 of this chapter. Any property which has previously paid a general facilities charge, but is not currently paying for water service, shall receive a credit against the charge levied in Section 7.04.081 of this chapter. The credit will be the amount originally paid multiplied by 1.373.

(Res. 782 § 1, 2023; Res. 645 § 1, 2005; Res. 634 §§ 1, 3, and 4, 2004; Res. 616 § 5, 2002; Res. 516 § C, 1993 )

Payment of all charges shall be made at the time of application for service. (Res. 232 § 1 (part), 1977: Res. 75 § 3(D), 1974)

• A. Charges for dispatching to shut off a service for nonpayment of delinquent charges, charges to turn back on a service after the payment of delinquent charges, and charges for meter service or lock damages caused by the customer shall be as set forth in Chapter 13.01 of this code.
• B. There shall be no charge for turning off a water service during normal business hours of the district at the customer's request.
• C. There shall be no charge for turning on a previously disconnected residential water service during a heat-related alert issued by the National Weather Advisory for the area in which the residential user's address is located, when requested by a user pursuant to District code 7.04.201.

(Res. 786, § 2, 2023: Res. 739, § 1, 2015: Res. 683, § 1(I), 2009: Res. 564 § 1, 1995: Res. 363 § 1, 1980: Res. 362 § 1 (part), 1980: Res. 232 § 1 (part), 1977: Res. 222 § 1, 1977: Res. 75 § 3(D), 1974)

• A. Minimum Monthly Charge. The minimum monthly water availability charge for each equivalent living unit shall be as set forth in Chapter 13.01 of this code.
• B. Water Use Charges.
  • 1. Water Use Within the District: In addition to the above monthly charges set forth in Section 7.04.120.A, customers using water inside the district shall be charged as set forth in Chapter 13.01 of this code.
  • 2. Water Use Outside the District. In addition to the above monthly charges set forth in Section 7.04.120.A, customers using water outside the district shall be charged as set forth in Chapter 13.01 of the this code.

(Res. 637 § 1, 2004; Res. 623 § 1, 2003; Res. 609 § 1, 2001; Res. 603 § 2, 2000; Res. 593 § 1, 1999; Res. 591 § 1, 1999; Res. 576 § 1, 1997: Res. 539 § 1, 1994: Res. 524 § 1, 1993: Res. 502 § 1, 1992; Res. 496 § 1, 1991: Res. 439 § 1, 1987: Res. 433 § 1, 1986: Res. 412 § 1, 1984: Res. 389 § 1, 1983: Res. 382 § 1, 1982: Res. 361 § 1, 1980: Res. 320 § 1, 1979: Res. 222 § 2, 1977: Res. 151, 1976: Res. 75 § 4(A), 1974) (Res. 666, § 1, 3-27-2008; Res. 678, § 1, 3-12-2009; Res. 683, § 1(J), 6-11-2009)

Separate meters installed for fire protection purposes shall be treated as extended service units as provided in this section; except that, this provision shall not apply to detection meters and meters measuring flow to single-family residences. (Res. 616 § 8, 2002: Res. 564 § 2, 1995: Res. 491 § 5, 1990)

In addition to all other charges set forth herein, each billing unit shall be charged a billing and handling charge as set forth in Chapter 13.01 of this code. (Res. 637 § 2, 2004: Res. 623 § 2, 2003; Res. 609 § 2, 2001: Res. 603 § 3, 2000: Res. 593 § 2, 1999: Res. 576 § 2, 1997: Res. 539 § 2, 1994: Res. 433 § 4, 1986) (Res. 666, § 2, 3-27-2008; Res. 678, § 2, 3-12-2009; Res. 683, § 1(K), 6-11-2009)

For the purposes of this section, the terms “per month” and “monthly” mean the billing period of the district for each customer if the district bills monthly, or one-half of the billing period if the district bills bi-monthly. If the district billing period is other than monthly or bi-monthly, “per month” or “monthly” means any thirty-day period following the last day of the prior billing period and any period of fewer days where the billing period contains more than an even multiple of thirty-day periods, provided, however, that the monthly service charge shall be prorated for any portion of a month within any billing period where that portion of a month is less than twenty-four days. Any proration shall be based upon a presumption that every month contains thirty days. (Res. 560 § 2, 1995)

Water service charges shall be billed every two months. The billing will be for the preceding two months for both the usage charge and for the monthly per unit charge. Bi-monthly statements of charges for water service shall be due and payable at such place or places designated by the district on or before the due date as printed on the statement and shall be delinquent thereafter. The statements shall cover service charges for the period shown thereon and shall be issued and forwarded by mail to the customer as soon as practical.

New customers' first billing shall be for the entire two-month period reduced pro-rata by the number of days between the beginning of the billing period and the day the property is deemed connected to the district's system. (Res. 739, § 1, 2015: Res. 619 § A, 2002: Res. 564 § 3, 1995; Res. 390 § 1, 1983: Res. 386 § A, 1982: Res. 222 § 4, 1977; Res. 75 § 5(A), 1974)

• A. The district may shut-off water service to any user who is delinquent in payment of water charges; provided that, service shall not be terminated to any accounts solely due to unpaid utility charges which are delinquent by two (2) billing periods or less. Accounts delinquent by three (3) billing periods or more may be subject to termination of service, unless the account holder enters into a payment plan with the district. The holders of delinquent accounts to which service was restored or not terminated pursuant to this section shall enter payment plans with the district approved by the Finance Manager.
• B. Notice of intent to shut-off for nonpayment shall be mailed to the user at least one week prior to actual shut-off. The district shall charge a fee for delinquency as set forth in chapter 13.01 of this code. Water service shall not be turned on again until all delinquent charges are paid or a satisfactory arrangement for payment has been made with the district. Any charges of the district to the customer which become delinquent shall constitute a lien against the property being served.

(Res. 777, § 2, 2022: Res. 739, § 1, 2015: Res. 727 § 2, 2013: Res. 75 § 5(B), 1974)

• A. Service shut-off during National Weather Service Heat Advisory. The District will not effect, due to lack of payment, an involuntary termination of service to any residential user, including tenants of metered apartment buildings and residents of mobile homes, on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the residential user's address is located.
• B. Temporary service reconnection during National Weather Service Heat Advisory. A residential user whose service has been disconnected by the District for lack of payment may request that the District reconnect service on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the residential user's address is located. Reconnection requests can be made by contacting the District by phone at (360) 371 7100 or in person at 7096 Point Whitehorn Rd., Blaine, Washington. The District may require a residential user requesting reconnection to enter into a payment plan prior to reconnecting service. Any such payment plan required by the District shall comply with the requirements of RCW 57.08.081(10), as presently enacted or hereafter amended.

(Res. 786, § 1, 2023)

The district will not issue any letter of water availability, nor will it allow a property to receive water service, for property located inside the district boundaries unless one of the following circumstances applies:

• A. Sewer service is available to the property and the property will be connected to the sewer system; or
• B. A no-protest agreement to any future utility local improvement district for sewer service, in substantially the form attached to the resolution codified in this section as Exhibit A, is submitted to the district, along with the necessary fee to record same with the Whatcom County auditor.

(Amended during 3/06 supplement; Res. 475 § 1, 1989)

The district shall be notified in writing by the seller of any property sold indicating names and addresses of the new owner and the date of change of properties being serviced by the district. The district shall bill the owner according to the district's records. (Res. 75 §6, 1974)

The district reserves the right to refuse to connect or render service to a premises, when such connection will adversely affect the service to other customers. (Res. 75 §7, 1974)

• A. The customer will assume all responsibility on his premises for water supplied by the district. The district will be exempt from all liability for loss or damage caused by leakage or escape of water furnished by the district, after the same has passed the point of delivery and passed the point of the district's ownership.
• B. All service pipes and fixtures on the premises of the customer must be kept in repair and protected from freezing at the expense of the customer. Where there are leaking or defective pipes or fixtures, the water may be turned off at the option of the district until the proper repairs are made.

(Res. 75 §8, 1974)

• A. It is unlawful for any person to wilfully disturb, break, deface or damage any fire hydrant, water meter, gate valve, water pipe or other waterworks appurtenance.
• B. It is unlawful for any person to open, close, turn or connect with any fire hydrant, valve or pipe belonging to the district unless authorized by the superintendent in writing; provided, this rule does not apply to members of fire departments duly authorized to operate fire hydrants while acting in such capacity.

(Res. 75 §9, 1974)

It is unlawful for any person to knowingly use water for lawn or garden sprinkling or irrigating purposes on any premises during the progress of a fire or conflagration within the service area of the district water system. (Res. 75 §10, 1974)

It is unlawful for any person to:

• A. Use any construction material not conforming to the district's standard specifications;
• B. Connect any premises with the district's water system without written district authorization;
• C. Connect or attach any wire conveying a ground current or electrical current to any water pipe, water main or conduit attached to or forming a part of the district water system;
• D. Connect to his service pipe, either on or off his premises, any pump or other means of obtaining more volume or pressure than that supplied by the district, unless permission is received in writing from the district.

(Res. 75 §12, 1974)

In case of an emergency or whenever the public health, safety or equitable distribution of water so demands, the district may reduce or limit the time for, or temporarily discontinue, the use of water. Water service may be temporarily discontinued for purposes of making repairs, extensions, or doing necessary work. Before so changing, reducing, limiting or discontinuing the use of water, the district shall notify, insofar as practical, all water consumers affected. The district shall not be responsible for any damage resulting from interruption, change or failure of the water supply. (Res. 75 §13, 1974)

• A. Authorized employees of the district shall have access, at reasonable hours of the day, to all parts of premises or within buildings thereon to which water is supplied from the district water system for the purpose of checking conformity to these regulations.
• B. Whenever the owner of any premises supplied by the district water system restrains authorized district employees from making necessary inspections, water service may be immediately discontinued.

(Res. 75 §14, 1974)

Only employees of the district or qualified contractors duly authorized by the district shall be allowed to do any work in connection with the district mains, service connections or appurtenances. (Res. 75 §15, 1974)

All locations of waterworks facilities, both public and private, which are connected to the district water system are subject to the approval of the district. All mains, service lines and other waterworks appurtenances which carry water shall be located a sufficient distance, both horizontally and vertically, from any sanitary sewage facility to prevent contamination. (Res. 75 §16, 1974)

• A. The ownership of all mains, service connections and appurtenances in public streets or utility rights-of-way shall be vested solely in the district.
• B. The district will operate and maintain all mains in public streets or utility rights-of-way. In no case shall an owner, agent or employee of any premises have the right to remove or change any part thereof without the approval of the district.

(Res. 75 §17, 1974)

• A. Every separate premises supplied by the district must have its own separate service and the premises so supplied will not be allowed to supply water to any other premises except by written authorization of the district. The district may require individual buildings on any premises to be separately metered and shall require individual condominium units, apartments, and mobile homes to be separately metered. Existing premises of the district being supplied service from the district shall be exempted from this separate service requirement.
• B. All meters will remain the property of the district and the district will maintain them free of cost except for wilful or careless damage. Any change in the location of a meter after the original installation is made will be at the expense of the customer, unless the change is at the request of the district.
• C. Installation of any private water meter on the water system operated by the district is prohibited.

(Res. 717 §1, 2012: Res. No. 684, § 2, 6-11-2009: Res. 75 § 18, 1974)

The following shall be the water use efficiency standards for new connections made to the district's water and/or sewer systems. Any and all new connections will be subject to compliance with these standards.

• A. Water Closets. Maximum water use allowed in gallons per flush (gpf) for water closets and replacement water closets is as follows:
  • 1. Tank-type toilets 1.6 gpf
  • 2. Flushometer-tank toilets 1.6 gpf
  • 3. Electromechanical hydraulic toilets 1.6 gpf
• B. Urinals. Maximum water use allowed for any urinal is 1.0 gallons per flush (gpf).
• C. Showerheads. Maximum water use allowed for any showerhead is 2.5 gallons per minute (gpm).
• D. Faucets: Maximum water use allowed in gallons per minute (gpm) for the following faucets and replacement aerators is as follows:
  • 1. Bathroom faucets 2.5 gpm
  • 2. Lavatory faucets 2.5 gpm
  • 3. Kitchen faucets 2.5 gpm
  • 4. Replacement aerators 2.5 gpm
• E. Public Restroom Faucets. Except where designed and installed for use by the physically handicapped, all lavatory faucets located in restrooms intended for use by the general public must be equipped with a metering valve designed to close by water pressure when unattended (self-closing).
• F. Continuous Flow. No urinal or water closet that operates on a continuous flow or continuous basis shall be permitted.

(Res. 503 § 1, 1992)