Culinary Rules and Regulations

 

   The property owner shall pay for water service and all other applicable charges and assessments as fixed from time to time by District and, in the event  of a failure to timely pay the same or any other violation of District’s rules and regulations, District shall have the right to disconnect service pursuant to a written shutoff notice as provided in District’s rules and regulations and/or applicable state law. Payments shall be due as stated in each invoice or billing statement issued by District.  Written shutoff and other notices may be delivered solely to the premises and District has no obligation to see to it that the owner receives the actual notice of an intention to disconnect service, it being the property owner’s sole responsibility to take steps to insure that the owner receive copies of any notices, whether mailed or delivered to the premises, even if the billing address is different from the premises.

 

   The property owner shall not serve or allow to be served more than one unit from the water connection provided for herein without prior approval of the District.

 

   The District may cause a property tax lien for past due service fees to be attached to the premises under Utah Code Ann. § 17B-1-902.  The District shall have a cause of action under Utah Code Title 17B Chapter 1 Part 9.  Any statutory reference stated herein shall include subsequent amendments,modifications and re-codifications of the subject statute.

 

   The District has no obligation to provide culinary water for outdoor use, and may, under circumstances deemed necessary by the District, disconnect water service if culinary water supplied to the premises by District is used for irrigation or other outdoor uses, particularly if secondary (irrigation) water is available to the premises. 

 

   The property owner shall notify the District of any transfer of title to the premises and, until notice is given and a new owner signs up for service, owner shall be liable.  

 

   The property owner shall follow the District’s Cross Connection Rules and Regulations as follows:

 

   Section 1: Title and Purpose (Cross Connection Rules and Regulations)

 

   The purpose of these rules and regulations is to protect the public health of water consumers by the control of actual and/or potential cross-connections. These rules and regulations are intended to protect all of the potable water supply located within the District by eliminating to the extent possible, any arrangement of pipes, fittings, fixtures, hoses, or devices that connect a non-potable water source or any other substance to the District’s water system.

 

   Section 2: Definitions

 

   As used in these rules and regulations, unless context otherwise requires, the following words and terms shall have the meanings ascribed to them in this Section:

 

• “the District” means the South Davis Water District

• “Backflow” means the flow other than the intended direction of flow of any foreign liquids, gases or substances into the distribution system of a potable supply of water.

• “Backflow prevention device” means a device to counteract back pressure or prevent back siphonage that has been field tested and evaluated by an approved testing laboratory.

• “Contamination” means the entry into or presence in a public water supply of any substance which may be deleterious to health and/or quality of the water.

• “Cross-connection” means any unprotected actual or potential connection or structural arrangement between a public and a consumer’s potable water system and any other source or system through which it is possible to introduce into any part of the potable water system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied.

• “Customer” means any person or persons or other entity using or seeking use of the irrigation or potable water of the District.

• “Potable water supply” means any system or water supply intended or used for human consumption or other domestic uses.

• “District Manager” the person employed by the District authorized to impose fines as directed by the District’s rules and regulations, and according to his/her discretion.

 

   Section 3: Cross-connections prohibited

 

   The installation or maintenance of a cross-connection which will endanger the water quality of the potable water supply system of the District is unlawful and is prohibited. Any such cross-connection now existing or hereafter installed is declared to be a public hazard and the same shall be abated. The control or elimination of cross-connections shall be in accordance with these rules and regulations and in compliance with Davis County Ordinances, as promulgated by the State of Utah Division of Drinking Water for cross connections, and as such may be amended from time to time.

 

   A. Inspection of Customer’s System.  Denial of Water Service for Violations-Fines. The customer’s               system shall be open for inspection and tests at all reasonable times to authorized representatives           of the District to determine whether cross-connection or other hazards, including violations of these           regulations, exist. When such a condition becomes known, the District may deny or immediately               discontinue water service to the premises until corrections have been rectified in accordance with             these rules and regulations, County ordinances, and State laws adopted pursuant thereto.

 

   B. Switching from Potable to Irrigation Water for Sprinkler Systems.  The customer must remove piping         down to the stop and waste valve.  The stop and waste valve must then be capped.  The customer           is responsible for contacting the District in order to schedule an inspection of the disconnection of             the culinary water from the sprinkler system.  Failure to do so may result in a fine and denial of                 water service. 

 

   C. Dual System Prohibited.  There cannot exist any form of swing joint or hard piping that could allow            for the interchange of potable and irrigation water to the sprinkler system.  The existence of a dual            system will result in a fine and denial of water service.   

 

   Section 4: Back-flow prevention devices

 

   A. When Required.  No water service connection to any premises shall be installed or maintained by              the District unless the water supply is protected as required by State law, County ordinance, and              these rules and regulations. Service of water to any premises may be discontinued by the District if          a back-flow prevention device required by these rules and regulations is not installed, tested and              maintained, or it is found that a back-flow prevention device has been removed, bypassed, or if an            unprotected cross-connection exists on the premises. Water service shall not be restored until such          conditions are corrected.

 

   B. Installation at Property Line and Testing. Where required, an approved back-flow prevention device         shall be installed on each service line to a customer’s water system at or near the property line or             immediately inside the building being served, but, in all cases, before the first branch line leading off         the service line. After installation of the back-flow prevention device has taken place, the customer           has 10 days to contact certified back-flow tester and schedule a time for the back-flow prevention             device to be tested.  The customer shall bear all expense in furnishing, testing, maintaining, and               installing the back-flow prevention device.

 

   C. Circumstances Requiring Installation. Back-flow prevention devices shall be installed and                          permanently tagged with “Danger Unsafe Water or Non-potable Water under circumstances                      including, but not limited to, the following:

        -premises having an auxiliary water supply;

        -premises having cross-connections that are not correctable or intricate plumbing arrangements                 which make it impractical to ascertain whether or not cross-connections exist;

        -premises where entry is restricted so that inspections for cross-connections cannot be made with             sufficient frequency or at sufficiently short notice to assure that cross-connections do not exist.

        -premises having a history of cross-connections being established or reestablished;

        -premises on which any substance is handled under pressure so as to permit entry into the District             water supply, or where a cross-connection could reasonably be expected to occur. These shall                 include the handling of process waters and cooling waters;

        -premises where materials of a toxic or hazardous nature are handled in such a way that if back-               siphonage should occur, a serious health hazard might result.

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   D. Types of Back-flow Prevention Devices. The type of protective device required shall depend on the          degree of hazard which exists:

 

   E. An air-gap separation or a reduced-pressure-principle back-flow prevention device shall be installed          where the public water supply may be contaminated with sewage, industrial waste of a                              toxic nature, or other contaminant which could cause a health or system hazard.

 

   F.  In the case of a substance which may be objectionable but not hazardous to health, a double-check          valve assembly, air-gap, separation, or a reduced-pressure-principle back-flow prevention                        device shall be installed.

 

   G. Supervision of Installation. Back-flow prevention devices required by these rules and   regulations            shall be installed under the supervision of the District.

 

   H. Approval of Back-flow Prevention Device. Any back-flow prevention device required by these rules            and regulations shall be approved by the District prior to installation.

 

    I.  Customer’s Expense. All back-flow prevention devices shall be furnished and installed at the                    expense of the customer.

 

   J.  Yearly Inspection of Back-flow Prevention Device. It shall be the duty of the customer at any                      premises where back-flow prevention devices are installed to have certified inspections and                      operational tests made at least once per year. Tests shall be at the expense of the customer and              shall be performed by a certified tester per State law. These devices shall be repaired, overhauled,          or replaced at the expense of the customer whenever said devices are found to be defective.                    Records of such tests, repairs and overhaul shall be kept and copies of said test(s) shall be filed              with the District Clerk.

 

    K. Fire-Control and Underground Sprinkling Devices. Fire-control devices and underground sprinkling          devices shall be installed with adequate back-flow prevention devices; these shall include irrigation          sprinkler systems.

 

   Section 5: Cross-connection inspection

 

   A. No water shall be delivered to any structure hereafter built within the District or within the areas                 served by the District until the same shall have been inspected by the District for possible cross-               connections and has been approved as being free of the same.

 

   B. Any construction for industrial or other purpose which is classified as hazardous facilities where it is         reasonable to anticipate intermittent cross-connections, or as determined by the District, shall be               protected by the installation of one or more back-flow prevention devices at the point of service from         the District water supply or any other location designated by the District.

 

   C. Inspection shall be made periodically by the District of all buildings, structures or improvements of            any kind now receiving water from the District’s system to ascertain whether cross-connections                exist.

 

   Section 6: Liability

 

    A. These rules and regulations shall not be construed to hold the District responsible for any damage             to persons or property by reason of the inspection or testing in the District, or the failure to inspect             or test or by reason of approval of any cross-connections.

 

   Section 7: Violation-Penalty

 

     A. Any persons who violates, disobeys, omits, neglects, refuses to comply with, or resists the                       enforcement of any of these rules and regulations by the District shall be deemed a threat to public           safety and their water service shall be immediately disconnected.  The violators will be                               assessed a fine of up to $5,000, subject to the District Manager’s discretion, and the proper                       authorities contacted for enforcement of all laws pertaining thereto. 

 

Irrigation Rules and Regulations

 

   The District may, at its sole discretion, meter irrigation water deliveries on properties where the District suspects the property owner of using more than their allotted amount of water, in order to insure that other water users have sufficient water to meet their allotments.

 

   The property owner shall not water between 10:00 a.m. and 6:00 p.m., unless property is zoned agricultural, or the owner has gotten special permission from the District for new sod or grass seed.  If found to be watering during this time, owner shall receive a warning. The first violation after the warning will result in a $30 fine to be added to the owner’s account.  Each subsequent violation will increase by $30.  Non-payment of this fine will result in a property tax lien to be placed on the owner’s property.  Placing the property tax lien results in an additional $30 fee.  Written citations and other notices will be delivered to the property where the violation took place. It is the owner’s sole responsibility to take steps to insure that their renters notify them of any violations.

 

   Properties zoned as agricultural are required to only water between 10:00 a.m. and 6:00 p.m.  Agricultural properties found watering between 6:00 p.m. and 10:00 a.m. are subject to the same rules as described above.

 

   The property owner shall pay for the right to use irrigation water on an annual basis once the irrigation water is installed on the property, whether or not the owner actually takes and uses the water.  If the property owner chooses to completely get rid of irrigation water, it is possible to not be assessed the annual  irrigation rate if the owner contacts the District and the District disconnects the irrigation connection at a point satisfactory to the District.  The property owner is responsible of paying the cost of irrigation disconnect.  If the property owner chooses to use culinary water instead of irrigation water, the property owner is responsible to install an appropriate back-flow assembly on their culinary line.  This back-flow assembly will need to be inspected and a report sent to the District on an annual basis.  

 

   The irrigation water rate shall be fixed annually by the District’s Board of Trustees. The rate shall be determined by the size of the owner’s lot multiplied by a coefficient which will be determined by the District’s Board of Trustees. There shall be a uniform tract charge made against each user for each water delivery point and, if a water meter is installed, the charge may be based, at least in part, upon actual water usage.

 

   The property owner shall notify the District of any transfer of title of the benefited land, or any portion thereof,  and until notice is given and a new owner signs up for service, the prior owner shall be liable for all irrigation water costs. If only part of the land is sold, and the land is thus divided into separate ownership's, and each owner shall be required to have a separate delivery point and pay impact and hookup fees and other applicable charges for each such new delivery point in accordance with the then established rates of the District.

 

   If the benefited property, or any portion thereof, is rented, the owner shall pay for all water service furnished to the same should tenant or occupant fail to pay.

 

   The property owner shall be required to pay to the District a hookup fee before a connection is placed on the owner’s property as calculated by District. The hookup fee will pay for installation by the District of a one-inch service line from user’s property line to the main distribution line. The size of the actual line installed will be determined by District.  If the size of the line thus determined by District is larger than a one-inch service line, the owner will be required to pay the additional cost of the larger service line over and above the cost of a one-inch service line.

 

   In the event that any of the amounts herein required to be paid are not paid strictly within the time limit specified on a bill sent by the District, and if no other time is specified, then within thirty days after receipt of an invoice or bill, the owner’s property will be assessed the amount owing under Utah Code Ann. § 17B-1-902, along with any fees charged by the County for placing the assessment.  The District shall also have a cause of action under Utah Code Title 17B Chapter 1 Part 9.  Statutory references stated herein shall include subsequent amendments, modifications, and re-codifications of the subject statute.

 

   In the event of a water shortage resulting from drought, prior or superior claims, breakage of lines, whether the District's or Weber Basin's, or other causes not within the reasonable control of the District, no liability shall accrue against the District, Weber Basin or the United States, or any of their officers, agents or employees, for any damage, direct or indirect, arising therefrom, and the payments to the District provided for herein shall not be reduced because of any such shortage or damage.