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RES-2010-200 RESOLUTION NO. 2010- 200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72 -600 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2010 -037. WHEREAS, the City of Anaheim (Anaheim) maintains a water transmission and distribution system for the distribution of water to residents and inhabitants of Anaheim and has adopted Water Rates, Rules, and Regulations for the sale and distribution of water; and WHEREAS, the Anaheim Municipal Code authorizes the City Council to approve reasonable Rates, Rules, and Regulations governing water services and fees for providing water services; and WHEREAS, Anaheim established various rules of the Water Rates, Rules, and Regulations for that purpose; and WHEREAS, Anaheim has been evaluating various options to diversify its water supply portfolio through development of local drought -proof supplies in order to reduce its dependence on imported water; and WHEREAS, the recent continuing dry weather conditions and environmental restrictions on water deliveries from the Sacramento -San Joaquin Bay Delta to central and southern California underscore the urgency for the development of local supplies; and WHEREAS, as part of the effort to reduce imported water dependence, Anaheim desires to initiate the use of recycled water at various locations within the City of Anaheim; and WHEREAS, the production and use of recycled water are regulated by the Regional Water Quality Control Board (RWQCB) and the California Department of Public Health; and WHEREAS, in order to produce and/or distribute recycled water, RWQCB requires Anaheim to obtain a master reclamation permit in accordance with California Water Code section 13523.1; and WHEREAS, California Water Code section 13523.1 requires, among other things, that Anaheim establish rules and regulations for (i) reclaimed water users, and (ii) the design and construction of reclaimed water use facilities; and WHEREAS, the proposed adoption of Rule No. 25 and amendments to Rules Nos. 1, 2, 3, 14, 16, and 18 of the Water Rates, Rules, and Regulations are intended to accomplish the foregoing; and WHEREAS, the Public Utilities Board considered the requirements of the California Environmental Quality Act (CEQA) and found that matters covered above come within Sections 15060(c)(2) and 15061(b)(3) of Title 14 of the California Administrative Code. Thus, the proposed adoption of Rule No. 25 and amendments to Rules Nos. 1, 2, 3, 14, 16, and 18 of the Water Rates, Rules, and Regulations are exempt from the CEQA; and WHEREAS, the Public Utilities Board considered the proposals of the Public Utilities Department and made the following findings with respect to the need for the proposed modifications to the Water Rates, Rules, and Regulations: it is reasonable and appropriate to adopt Rule No. 25 and amend Rules Nos. 1, 2, 3, 14, 16, and 18 of the Water Rates, Rules, and Regulations as set forth in Attachment A in order to meet State requirements for the production and distribution of recycled water which will assist Anaheim in reducing its imported water dependence; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board of the City of Anaheim recommended to the City Council that the Council adopt the findings of the Public Utilities Board with respect to the matters contained herein and adopt Rule No. 25 and the amendments to Rules Nos. 1, 2, 3, 14, 16, and 18 of the Water Rates, Rules, and Regulations as shown in Attachment A; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board of the City of Anaheim recommended to the City Council that the Council, by Motion, certify that the adoption of Rule No. 25 and the modification of Rules Nos. 1, 2, 3, 14, 16, and 18 of the Water Rates, Rules, and Regulations are exempt under the CEQA, in accordance with Title 14 of the California Administrative Code, sections 15060(c)(2) and 15061(b)(3), because (i) the activity approved by this resolution will not result in a direct or reasonably foreseeable indirect physical change in the environment; and (ii) it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. WHEREAS, the City Council has considered the evidence and concurs with the findings of the Public Utilities Board as set forth herein above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The findings set forth herein are hereby adopted by the City Council of the City of Anaheim. 2. Rule 25 and the amendments to Rule Nos. 1, 2, 3, 14, 16, and 18 of the Water Rates, Rules, and Regulations as set forth in Attachment A shall be, and are hereby adopted by the City Council of the City of Anaheim. 3. The Public Utilities General Manager is authorized and directed to prepare, promulgate, publish, and take any and all actions necessary to implement the changes to the Water Rates, Rules, and Regulations as set forth herein. 4. This Resolution shall be operative upon the effective date of Ordinance No. 6194 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16th day of November , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY O NAH MAYOR OF THE ITY ANAHEIM ATTEST: AO II Lt44 ,'. AlitA. • CITY CLERK 0 THE CITY OF • NAHEIM 78706 Attachment A Adopted Rule No. 25 and Amended Rules of the Water Rates, Rules and Regulations CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.25.1 Anaheim, CA 92805 RULE NO. 25 RECYCLED WATER A. DEFINITIONS Unless specifically defined below or within Rule 1, words or phrases used in this Rule 25 shall be interpreted so as to give them the meaning they have in common usage and to give them their most reasonable application. Applicable Laws: City Charter, the Municipal Code, the Water Rates, Rules, and Regulations, the Recycled Water Users' Guide, Division 4 of Title 22 of the California Code of Regulations, and other Applicable Laws, regulations, rules, guidelines, permits, and statutes adopted by the Regulatory Agencies. Approved Use: The use of Recycled Water in a manner, and for such purpose, as is specified in a User Permit approved by the Utility and in compliance with any and all applicable Regulatory Agency requirements and Applicable Laws. Approved Use Area: An area which receives or will receive Recycled Water for an Approved Use, as delineated in a Recycled Water Service Application approved by the Utility. B. GENERAL AUTHORITY AND REGULATION The State of California has declared that the use of Potable Water for non - potable uses is a waste or unreasonable use of water if Recycled Water is available. Pursuant to its powers, the City provides utility services to the citizens of Anaheim, which includes the delivery of Potable Water and Recycled Water. The City Council has the authority to regulate these services through the adoption of ordinances and rates, rules, and regulations. Accordingly, in addition to applicable regulations set by any Regulatory Agency, the use of Recycled Water shall be governed by any and all Applicable Laws, including these Rates, Rules and Regulations. C. AUTHORIZED USES OF RECYCLED WATER & RECYCLED WATER AVAILABILITY The authorized uses of Recycled Water are set forth in Division 4 of Title 22 of the California Code of Regulations and in the Recycled Water Users' Guide. The use of Recycled Water shall not cause pollution, contamination, or nuisance, as defined by section 13050 of the California Water Code. The Utility shall control and schedule the use and distribution of Recycled Water to Customers. All areas within the Service Area are eligible for Recycled Water Service Connections for the foregoing approved uses when the General Manager determines that Recycled Water (i) is available for delivery; and (ii) can be furnished at a reasonable cost to the Utility and a Customer. The installation of an On -Site Recycled Water System shall be performed in accordance with and subject to any and all Applicable Laws. No Person other than the Utility shall deliver Recycled Water to a Premises within the Service Area unless authorized by the General Manager in writing. D. RECYCLED WATER USERS' GUIDE The Recycled Water Users' Guide shall set forth the policies, procedures, and guidelines applicable to the design, installation, operation and maintenance of On -Site Recycled Water Systems. The General Manager is authorized to prepare, adopt and promulgate the Recycled Water Users' Guide. The General Manager also has the authority to update the Recycled Water Users' Guide as necessary or advisable to address the needs of the Utility and any changes to the Applicable Laws. All Users and Customers shall comply with its provisions. (Continued) ISSUED BY: Effective: by Resolution No: Dated: Marcie L. Edwards Superseding Resolution No.: N/A Dated: N/A General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.25.2 Anaheim, CA 92805 RULE NO. 25 RECYCLED WATER E. DESIGNATION OF RECYCLED WATER SITE SUPERVISOR Each User shall designate a Recycled Water Site Supervisor who shall be subject to the Utility's approval. The Recycled Water Site Supervisor shall be responsible for the operation and maintenance of the On -Site Recycled Water Systems and any other obligation set forth in the Rates, Rules and Regulations and the Recycled Water Users' Guide. In the performance of the foregoing, the Recycled Water Site Supervisor shall comply with any and all Applicable Laws. The User shall be responsible for any act or omission of the Recycled Water Site Supervisor. It shall be the responsibility of the User to immediately notify the Utility whenever a change of the Recycled Water Site Supervisor occurs and obtain the Utility's prior approval of any such change. F. ENFORCEMENT OF RECYCLED WATER RULES & REGULATIONS The Utility may discontinue Recycled Water Service to a User for violations of the Rates, Rules, and Regulations if after five (5) days written notice the User fails to cure the noticed violation. If there is a threat to public health and safety, the Utility may temporarily shut off services without written notice. Except in cases of threats to public health and safety, the User may dispute the notice in accordance with Rule 10 of the Rates, Rules, and Regulations. • ISSUED BY: Effective: by Resolution No: Dated: Marcie L. Edwards Superseding Resolution No.: N/A Dated: N/A General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.1.1 Anaheim, CA 92805 RULE NO. 1 DEFINITIONS Unless specifically defined below, words or phrases used in the Water Rates, Rules and Regulations shall be interpreted so as to give them the meaning they have in common usage and to give these Rates, Rules and Regulations their most reasonable application. Additional Responsible Party: Any Person inhabiting a domestic service location and benefiting from Service shall be equally responsible for the payment of bills rendered for Services at that location. APU: Anaheim Public Utilities. Applicant: The Person, association, corporation or governmental agency applying for Service under the terms of these Rates, Rules and Regulations. Application: A request to the Utility for Service as distinguished from an inquiry as to the availability of or charges for such Service. Balancing Account: An account designated to account for the Water System Reliability Adjustment rate collections and payment of water system capital expenditures and capital- related Debt Service. Billing Period: The time interval between gathering the data used for billing purposes. Capital Expenditures: Funds used to acquire or upgrade physical assets such as water system property or equipment. This type of outlay is made to maintain or increase the scope of water system operations. CDPH: California Department of Public Health. City: The City of Anaheim, a municipal corporation. City Clerk: The City Clerk of the City of Anaheim, California City Council: The City Council of the City of Anaheim, California Class of Service: The categories of Service established by the various Rate Schedules. The Classes of Service are Residential Service, General Water Service, Private Fireline Service, Temporary Service and Municipal Water Service. County: The County of Orange, California. Customer: The Person in whose name Service is rendered as evidenced by the signature on the Application, contract or agreement for that Service, or, in the absence of a signed instrument, by the receipt of bills or summary bills regularly issued in his name regardless of the identity of the actual Person using the Service. A Customer may also be a party with whom the City of Anaheim is doing business, with or without a billing relationship, or who is receiving benefit of Service under another party's name. Customer Information System (CIS): The computer database and information system that contains all billing and personal data pertaining to utility Customers of the City of Anaheim including billing rates, historical utility consumption, associated charges and meter information. The focus of the system is at the customer level supported by premise and Service levels. Customer's Mailing Address: The address specified in a Customer's Application or contract, or any other address subsequently given to the Utility by the Customer, to which any notice or other communication is to be mailed. Date of Presentation: The date upon which a bill or notice is mailed or delivered by the Utility to the Customer. Debt Service: Cash required over a given period of time for the repayment of interest and principal on borrowed funds. Distribution Mains: Pipelines located in streets, highways, public ways or private rights -of -way, exclusive of Service Connections, which are owned and operated by the Utility and are used to serve the general public. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 2010 -037 Dated: 04 -13 -10 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.1.2 Anaheim, CA 92805 RULE NO. 1 DEFINITIONS East Santa Ana Canyon Area: That portion of land which is subject to terminal reservoir storage fees and transmission main fees as provided for in Rule 15 -C of the Water Rates, Rules and Regulations. Emergency Situation: Any condition that the General Manager, in his or her sole discretion, determines to constitute an unsafe condition or threat to persons or property and/or adversely affects the integrity or operability of the Water System or the Recycled Water System. Fire Service: The piping, fittings, and valving necessary to conduct Potable Water for fire protection purposes from the Distribution Main to the Fire Service assembly backflow prevention device. General Manager: General Manager of the City of Anaheim, Public Utilities Department or a designee. General Service: The Class of Service to commercial and industrial Customers, and all other Customers not covered under the other Classes of Service. Gross Area of Applicant's Property: The contiguous land area owned or controlled by an Applicant, including streets, but excluding open areas for which Service will not be required within a Special Facilities District, plus one -half of the land area of the abutting streets to which legal, recorded access exists at the time of application for Service. HCF: The unit of quantity measurement, which the Department uses to measure the amount of Potable Water or Recycled Water delivered to a Customer in hundreds of cubic feet. High Elevation System: The portion of the Utility's Service Area which cannot be served by gravity from the August F. Lenain Filtration Plant. Intermittent Service: Service which, in the opinion of the Utility, is subject to discontinuance for a time or at intervals. Jurisdiction: A specified area within which a Rate Schedule or schedules apply. Low Elevation System: The portion of the Utility's Service Area which can be served by gravity from the August F. Lenain Filtration Plant. Mailed: Any notice or other communication will be considered "mailed" when it is enclosed in a sealed envelope, properly addressed, and deposited in any United States Post Office Box, postage prepaid. Main Extension: The extension of Distribution Mains beyond existing facilities in accordance with the provisions of the Rule applicable to main extensions filed as part of these Tariff Schedules. Meter: The instrument used for measuring the Potable Water or Recycled Water delivered to a Customer. Month: A thirty -day period. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 2010 -037 Dated:04 -13 -10 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.1.3 Anaheim, CA 92805 RULE NO. 1 DEFINITIONS Multi - family Accommodation: An apartment building, duplex, mobilehome park, court group, or any other group of residential units located upon a single Premises, providing the residential units therein meet the requirements for a Single - Family Accommodation. Hotels, guest or resort ranches, tourist camps, motels, auto courts, and trailer courts, consisting primarily of guest rooms and/or transient accommodations, are not classed as Multi - family Accommodations. Multiple Occupancy Building: A building of multiple occupancy provided with continuous out wall construction including, but not limited to, apartments, condominiums, townhouses, and commercial buildings. Municipal Code: The Municipal Code of the City of Anaheim. Municipal Service: Utility Services supplied to City of Anaheim departments. On -Site Recycled Water System: That portion of the On -Site System composed of Recycled Water facilities. On -Site System: The Potable and/or Recycled water facilities under the control of the Applicant, owner or Customer. The On -Site System is located downstream of the POD, which is normally downstream of the Meter tailpiece. Permanent Service: Service which, in the opinion of the Utility, is of a permanent and established character. This service may be continuous, intermittent, or seasonal in nature. Person: Any individual, partnership, corporation, public agency, or other organization operating as a single entity. Planning Department: The Planning Department, Building Division, of the City of Anaheim, California. Point of Delivery (POD): The point where the piping of the Utility is connected to the piping of the Customer, regardless of the location of the Utility's Meter. Potable Water: Water that meets the standards for human consumption set by the applicable federal, state and local authorities. Premises: All of the real property and apparatus employed in a single enterprise on an integral parcel of land undivided, excepting in the case of industrial, agricultural, oil field, resort enterprises, and public or quasi- public institutions, by a dedicated street, highway, or other public thoroughfare, or a railway. Automobile parking lots constituting a part of and adjacent to a single enterprise may be separated by an alley from the remainder of the premises served. Primary Distribution Mains: The system of Distribution Mains that forms a grid to supply Potable Water to all portions of the Water System. These mains generally are located within secondary and higher classification streets, but may be in other rights -of way. Public Utilities Board: The Public Utilities Board as appointed by the City of Anaheim City Council. Public System: The system of facilities under the control of the Utility. The Public System facilities shall be those upstream of the POD to the Customer. Rate Area: A specified area within which a Rate Schedule or schedules apply. Rate Charges: Charges in the Rate Schedules may include the following: Commodity Charge: That portion of the charge for Service which varies with the amount of Potable Water or Recycled Water consumed in accordance with the Rate Schedule. Customer Charge: That portion of the charge for Service which is a fixed amount without regard to Potable Water or Recycled Water consumption in accordance with the Rate Schedule. Minimum Charge: The least amount for which Service will be rendered in accordance with the Rate Schedule. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.:2010 -037 Dated: 04 -13 -10 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.1.4 Anaheim, CA 92805 RULE NO. 1 DEFINITIONS Rates, Rules and Regulations: The rate structure, the Rules, and any regulations as approved by the City Council, governing the use and delivery of Potable and Recycled Water. Rate Schedule: May be one or more Tariff Pages setting forth the charges and conditions for a particular class or type of Service at a given location. A Rate Schedule, as referred to herein, shall include all the wording on the applicable Tariff Page or pages, including but not limited to, the following: Schedule Number, Class of Service, Character or Applicability, Territory, Rates, Conditions, and reference to a Rule or Rules. Recycled Water: Water that is approved for purposes other than human consumption and meets the criteria set forth in Division 4 of Title 22 of the California Code of Regulations, as may be amended from time to time. Recycled Water does not include gray water. Recycled Water Service: The Class of Service supplying Recycled Water to Customers for landscape irrigation; agricultural irrigation; toilet and urinal flushing; cooling towers; construction water; industrial process water; commercial use; groundwater recharge; and enhancement of wildlife habitats. Recycled Water Site Supervisor: The individual designated by the User and approved by the Utility who provides a liaison to the city; oversees the use of Recycled Water on the User's Premises; has the authority to carry out any requirements of the City; is responsible for the operation and maintenance of an On -site Recycled Water System; and prevents potential violations. The individual must have completed a Utility- approved Recycled Water Site Supervisor training program. Recycled Water System: The infrastructure needed to provide and deliver Recycled Water to Customers within the Utility's Service Area, including, but not limited to, all pipelines, Service Connections, Meters, pumping stations, reservoirs, and other related facilities. Recycled Water Users' Guide: The Utility's guidelines to be used by an Applicant, Customer, Person, Recycled Water Site Supervisor, User, owner, tenant, property manager, engineer, or contractor in the design, installation, operation and maintenance of On -Site Recycled Water Systems within the Service Area. Regulatory Agency: A public entity legally constituted by federal, state, and local statutes that is authorized to protect public health and water quality within the Service Area. Residential Service: The Class of Service supplying Potable Water to Single and Multi - family Accommodations for household purposes, including Potable Water used on the Premises for sprinkling lawns, gardens and shrubbery; washing vehicles, and other similar and customary purposes pertaining to Single or Multifamily Accommodations. Residential Unit: A residential dwelling unit consisting of a room or group of rooms which do not qualify as Single- Family Dwellings. Residential Units may be used as permanent primary dwellings, as transient tenant accommodations, and by organizations or groups of Persons. When a Residential Unit is used as a permanent primary residence, use shall be Residential Service. When such units are used by a transient tenant, an organization, or a group of persons, use shall be nondomestic or General Water Service. Revenue: Amount realized from the selling of goods or services before customer discounts or uncollectible write -offs are applied. This does not include amounts collected from sources that are to be deferred in accordance with Financial Accounting Standard number 71. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 2010 -037 Dated: 04 -13 -10 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.1.5 Anaheim, CA 92805 RULE NO. 1 DEFINITIONS Rule(s): Tariff Pages which set forth the application of all rates, charges and Services when such applicability is not set forth in and as a part of the Rate Schedules. RWQCB: The Regional Water Quality Control Board of the State of California, Santa Ana Region. Secondary Distribution Mains: The system of Distribution Mains that forms a grid to supply Potable Water from the Primary Distribution Mains to the Service Connection. These facilities are generally located within collector and local streets, but may be in other rights -of -way. The Secondary Distribution Mains include, but are not limited to: pipelines, pressure regulators, and fire hydrant installations. Service: The furnishing of Potable or Recycled Water to a Customer from and out of the Water System or Recycled Water System owned and operated by the Utility through a Meter to the Customer's piping. Service shall only refer to the fumishing of Potable Water where used in Rule 15. Service Area: The geographic area wherein the City of Anaheim is the designated public Potable Water or Recycled Water Service provider. Service Connection: The pipe or tubing, fittings, and valves necessary to conduct Potable Water or Recycled Water from the Distribution Main to and through the Meter. Single - Family Dwelling or Accommodation: A house, apartment, or other dwelling unit which is used as a residence by a single family. Special Facilities: Pumping and storage facilities needed to serve the High Elevation System. Special Facilities Charge: The charge made to cover the cost of the Special Facilities in the High Elevation System. This charge shall be computed by multiplying the gross area of Applicant's property times the Special Facilities Charge Rate. Special Facilities Charge Rate: The average rate to be charged per acre, or fraction of gross area of Applicant's property. This rate is computed by dividing the gross area of the Special Facilities District into the cost of Special Facilities required to supply that district. Special Facilities District: An area within the High Elevation System where a Special Facilities Charge is calculated by the Utility to pay for the Special Facilities within that area. Summary Bill: A customer account billing statement that includes charges for multiple service locations. Any customer with a minimum of two service locations with single or multiple utility services can choose to receive a summary bill. Tariff Page: An individual page of the Tariff Schedules. Tariff Schedules: The entire body of effective rates, rentals, charges, and Rules collectively of the Utility, as set forth herein, and including title page, preliminary statement, Rate Schedules, and Rules. Temporary Service: Service for enterprises or activities which are temporary in character or where it is known in advance that service will be of limited duration. Service, which in the opinion of the Utility, is for operations of a speculative character or the permanency of which has not been established, also is considered Temporary Service. Tract or Subdivision: An area which may be identified by filed Subdivision plans or as an area in which a group of dwellings may be constructed about the same time, either by a large scale builder or by several builders working on a coordinated basis. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 2010 -037 Dated: 04 -13 -10 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.1.6 Anaheim, CA 92805 RULE NO. 1 DEFINITIONS User: Any Person, Persons or firm issued an approved User Permit by the Utility. They may be the owner, Customer, tenant or property manager, as appropriate. User Permit: A permit issued by the Utility to a Recycled Water Service Applicant after the satisfactory completion of the service application procedures set forth in the Rates, Rules and Regulations and the Recycled Water Users' Guide. This permit constitutes a contract that legally binds the User to all conditions in the Rates, Rules and Regulations, the Recycled Water Users' Guide, and any and all applicable Regulatory Agency requirements. Utility: The City of Anaheim - Public Utilities Department. Utility's Operating Convenience: The term refers to the utilization, under certain circumstances, of facilities or practices not ordinarily employed which contribute to the overall efficiency of the Utility's operations; it does not refer to Customer convenience or to the use of facilities or adoption of practices required to comply with applicable laws, ordinances, rules or regulations, or similar requirements of public authorities. Water System: The infrastructure needed to provide and deliver Potable Water to customers within the Utility's Service Area, including, but not limited to, all Distribution Mains, Service Connections, Meters, fire hydrants, pressure reducing stations, groundwater wells, pumping stations, reservoirs, and other related facilities. WSSS: The Water Services Standard Specifications of the Utility. ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 2010 -037 Dated: 04 -13 -10 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.2.1 Anaheim, CA 92805 RULE NO. 2 DESCRIPTION OF SERVICE A. QUANTITIES 1. The Utility will endeavor to supply Potable Water dependably and safely in adequate quantities to meet the reasonable needs and requirements of Customers. 2. The Utility will endeavor to supply Recycled Water when such Recycled Water becomes available and if feasible. B. PRESSURES 1. The Utility will generally maintain minimum operating pressures at the Service Connection of not less than twenty-five pounds per square inch (25 psi). Pressures may be lower at times of maximum demands, or because of unusual topography or other special conditions. 2. The Utility will generally maintain maximum operating pressures at the Service Connection of not more than one hundred seventy-five pounds per square inch (175 psi). Pressures may be higher at times of minimum demands, or because of unusual topography or other special conditions. 3. If it is deemed appropriate to either increase or decrease a Customer's on -site pressure, it shall be the responsibility of the • developer or Customer to install and maintain any booster pumps, pressure regulators, relief valves, and such other equipment or facilities required by the Utility. The Utility will provide a recommendation as to such requirements to the Planning Department who has full authority to require such installations. C. QUALITY Whenever furnished for human consumption or for domestic uses, the Utility will endeavor to provide Potable Water that is wholesome, in no way harmful or dangerous to health and, in so far as practicable, free from objectionable odors, taste, color and turbidity. ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.:99R -142 Dated: 06 -22 -99 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.3.1 Anaheim, CA 92805 RULE NO. 3 APPLICATION FOR SERVICE A. APPLICATION FOR SERVICE Each Applicant applying for Service may be required to sign an Application on a form provided by the Utility and, upon request, will be required to furnish the following information: 1. Name, address and contact phone number of Applicant. 2. Date and place of Application. 3. Location of Premises to be served. 4. Date Applicant will be ready for Service. 5. Whether the Premises have been heretofore supplied. 6. Purpose for which Service is to be used. 7. Customer's mailing address. 8. Whether Applicant is owner or tenant of, or agent for, the Premises. 9. Rate Schedule desired if optional rate is available. 10. Information to establish credit of Applicant. 11. Such other information as the Utility may reasonably require. For Recycled Water Service(s), Applicant shall provide the information described in the Recycled Water Users' Guide. The required information may be supplied by the Applicant either in writing or by telephone if the Applicant's signature is not required. An Application for Service shall be required for each individual Service Connection to the Public System. A single Application for Service may include more than one Service Connection when all Service Connections are made at the same relative time as part of a single development under single ownership. The owner of a single development which is constructed in phases shall complete at least one Application per phase of development. The Application is a request for Service and does not in itself bind the Utility to serve except under its filed Tariff Schedules, nor does it bind the Customer to take Service for a longer period than the minimum requirements of the Rate Schedule. No Person shall cause to be made or installed any Service Connection to the Public System without an approved Application from the Utility. B. INDIVIDUAL LIABILITY FOR JOINT SERVICE Two or more Persons who join in one Application or contract for Service shall be jointly and severally liable thereunder and shall be billed by means of a single periodic bill or summary bill mailed to the Person designated on the Application to receive the bill or summary bill. C. CHANGE IN CUSTOMERS' EQUIPMENT OR OPERATIONS Customers shall give the Utility written notice of the extent and nature of any material change in the size or character of the plumbing, equipment, operations, or use of Potable Water or Recycled Water for which the Utility is supplying Service before making any such change. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 2007 -040 Dated:04 -17 -07 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.3.2 Anaheim, CA 92805 RULE NO. 3 APPLICATION FOR SERVICE C. CHANGE IN CUSTOMERS' EQUIPMENT OR OPERATIONS (Continued) No changes or connections shall be made to On -Site Systems within any site using Recycled Water without approval by the Utility. D. SERVICE ESTABLISHMENT CHARGE 1. The Utility will charge a Service establishment charge for any Service or Services established at an individual Service rehs hid Ru 21. 2. The ndividu Service establishment addss. charge provarge ided is for conta herein ne in is in le addition to the charges in accordance with the applicable schedule and may be made each time an account is established. As used herein, establishment means each time an account is opened, including a turn on of Service or a change of name which requires a Meter reading. 3. Service requests will be processed and scheduled on a first -come, first -served basis. If a Customer desires to have his request scheduled earlier, or ahead of other Service requests, an additional charge will be assessed. These charges are contained in Rule 21. 4. The Service establishment charge shall not be applicable by Customers of the Utility to Service rendered through submeters to tenants. E SERVICE FOR HOUSING UNITS AFFORDABLE TO LOWER INCOME HOUSEHOLDS (GOVERNMENT CODE SECTION 65589.7 or successor statutes) 1. Senate Bill 1087 (Government Code 65589.7 or successor statutes) was enacted to improve the effectiveness of the law in facilitating housing development for lower income households. 2. The City Council adopted written policies and procedures to comply with Senate Bill 1087. The policies and procedures are to be updated at least once every five (5) years. As identified in the adopted policy, the Utility shall grant a priority for the provision of Service to proposed housing developments that help meet the regional housing needs for lower income households. ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 2007 -040 Dated: 04 -17 -07 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.14.1 Anaheim, CA 92805 RULE NO. 14 CONTINUITY OF SERVICE A. SHORTAGE AND INTERRUPTION 1. The Utility will exercise reasonable diligence to furnish a continuous and sufficient supply of Potable Water to its Customers and to avoid any shortage or interruption of delivery thereof. It cannot, however, guarantee a continuous or sufficient supply or freedom from interruption. 2. The Utility will not be liable for interruption or shortage of supply, nor for any loss or damage occasioned thereby. 3. Whenever, in the operation of the Utility's Water System, interruption in the delivery of Potable Water to Customers results from causes other than the exercise by the Utility of its right under Paragraph B -1 below, notice of any such interruption will not be given to the Customers of the Utility, but the Utility shall exercise reasonable diligence to reinstitute delivery of Potable Water. B. TEMPORARY SUSPENSION FOR REPAIRS 1. The Utility, whenever it shall find it necessary for the purpose of making repairs or improvements to its Water System, will have the right to suspend temporarily the delivery of Potable Water. In all cases as reasonable notice thereof and as circumstances will permit, reasonable notice will be given to the Customer, and the making of such repairs or improvements will be prosecuted as rapidly as may be practicable and, if practicable, at such times as will cause the least inconvenience to its Customers. 2. When it is necessary to suspend temporarily the delivery of Potable Water for repairs or improvements to the Water System in accordance with Paragraph B -1 above, and the Customer requests that such suspension of service occur at other than normal Utility working hours, the Customer shall pay in advance the total estimated labor related costs incurred by the Utility for performing the work during non - regular Utility work hours. C. APPORTIONMENT OF SUPPLY DURING TIME OF SHORTAGE Should a shortage of supply ever occur, the Utility will apportion its available supply of Potable Water among its Customers as authorized or directed by the General Manager in the manner that appears to him or her most equitable under conditions then prevailing. ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 84R -246 Dated: 06 -26 -84 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.16.1 Anaheim, CA 92805 RULE NO. 16 SERVICE CONNECTIONS, METERS, AND CUSTOMERS' FACILITIES A. GENERAL 1. When an Application for Service is made that requires only a small domestic Service (2 inch or smaller), the Utility shall furnish and install the Service Connection, Meter box, and Meter after all applicable fees are paid. 2. For all other improvements, such as new subdivisions, developer - installed mains and/or improvements that include the installation of a large Service (larger than 2 inch), the Customer shall furnish and install the Service Connection, Meter box, and Meter after all applicable fees are paid. 3. The Service Connection, Meter, and Meter box will generally be installed at a convenient location between the curb or edge of pavement and the property line. If it is considered impractical to install the facilities in this location, they may be installed upon the Customer's Premises, in which case an easement will be required. 4. Any existing galvanized or plastic Service Connection serving a property undergoing development, renovation or building construction shall be replaced with a new copper Service Connection at the Customer's expense, as required to comply with applicable federal, state and local laws and regulations. This shall also include the cost of abandonment of the existing Service Connection. B. SERVICE CONNECTION AND METER INSTALLATION CHARGES * 1. Inside City Limits (Installation of Service Connection, Meter box, and Meter). a. Charge with replacement of pavement required: 1 inch Service Connection with 5/8 x 3/4 inch Meter $1,540.00 1 inch Service Connection with 1 inch Meter $1,610.00 2 inch Service Connection with 1 -1/2 inch Meter $2,575.00 2 inch Service Connection with 2 inch Meter $2,920.00 b. Charge without replacement of pavement required: 1 inch Service Connection with 5/8 x 3/4 inch Meter $985.00 1 inch Service Connection with 1 inch Meter $1,050.00 2 inch Service Connection with 1 -1/2 inch Meter $1,785.00 2 inch Service Connection with 2 inch Meter $2,035.00 * Pursuant to the guidelines established in Resolution 2009 -078, collection of the Service Connection and Meter Installation Charges and the charges for Plan Check and Field Inspection of New Backflow Devices resulting from the repair or reconstruction of structures damaged as a result of the Freeway Complex Fire shall be waived for those applicants deemed eligible with the waiver of those fees expiring on March 10, 2011. (Continued) ISSUED BY: Effective: Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 2009 -078 Dated: 05 -19 -09 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.16.2 Anaheim, CA 92805 RULE NO. 16 SERVICE CONNECTIONS, METERS, AND CUSTOMERS' FACILITIES B. SERVICE CONNECTION AND METER INSTALLATION CHARGES (Continued) 2. Outside City Limits (Installation of Service Connection, Meter box, and Meter). a. Charge with replacement of pavement required: 1 inch Service Connection with 5/8 x 3/4 inch Meter $1,635.00 1 inch Service Connection with 1 inch Meter $1,700.00 2 inch Service Connection with 1 -1/2 inch Meter $2,705.00 2 inch Service Connection with 2 inch Meter $3,045.00 b. Charge without replacement of pavement required: 1 inch Service Connection with 5/8 x 3/4 inch Meter $1,070.00 1 inch Service Connection with 1 inch Meter $1,135.00 2 inch Service Connection with 1 -1/2 inch Meter $1,895.00 2 inch Service Connection with 2 inch Meter $2,160.00 (Continued) ISSUED BY: Effective: Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.:2001R -192 Dated: 07 -10 -01 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.16.3 Anaheim, CA 92805 RULE NO. 16 SERVICE CONNECTIONS, METERS, AND CUSTOMERS' FACILITIES B. SERVICE CONNECTION AND METER INSTALLATION CHARGES (Continued) 3. Installation of Meter box and Meter (existing Service Connection lateral) 5/8 x 3/4 inch Meter w/Meter box (existing 1" Service Connection) $ 85.00 1 inch Meter w/Meter box (existing 1" Service Connection) $145.00 1 -1/2 inch Meter w/Meter box (existing 2" Service Connection) $340.00 2 inch Meter w/Meter box (existing 2" Service Connection) $420.00 4. Installation of Meter only (existing Service Connection and box) 5/8 x 3/4 inch Meter (existing 1" Service Connection and box) $ 45.00 1 inch Meter (existing 1" Service Connection and box) $110.00 1 -1/2 inch Meter (existing 2" Service Connection and box) $270.00 2 inch Meter (existing 2" Service Connection and box) $350.00 5. Meter boxes requiring a cast iron cover will be charged an additional $15.00 for a 1" Service Connection and an additional $65.00 for a 2" Service Connection for all installation categories where applicable. 6. For those 1 -1/2" and 2" Service Connections where a turbine Meter is required, add the following charges to the cost of the Meter. 1 -1/2" = $190.00 2" = $230.00 7. Application for connections in excess of two inches, special Services and Fire Services. a. All connections larger than two inches and any special Services, including Fire Services shall be made at the Customer's expense. All labor, equipment, and material to be furnished by the Customer. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.:99R -142 Dated: 06 -22 -99 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.16.4 Anaheim, CA 92805 RULE NO. 16 SERVICE CONNECTIONS, METERS, AND CUSTOMERS' FACILITIES B. SERVICE CONNECTION AND METER INSTALLATION CHARGES (Continued) b. Request for such Services shall be made to the Public Utilities Department, Water Engineering Division. A fee of $695.00 per Application, plus $90.00 for each additional Service Connection, when processed as part of a single Application shall be required to cover the cost of plan check and inspection. A fee of $170.00 per Application, plus $60.00 for each additional Service Connection, when processed as part of a single Application shall be required to cover the cost of the field valve program. For Services installed on private property an additional fee of $345.00 shall be required to cover the cost of processing a public utility easement. c. All installations in the public right -of -way will require a Public Right -of -Way Excavation and Construction Permit as issued by the City of Anaheim's Public Works Department, together with appropriate fees, deposits and insurances. 8. Increase in existing Service Connection and /or Meter size. In the event a Customer is required or requests a larger Service Connection and/or Meter for his property, the fees as stated in Sections 3 and 5 above will apply. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.:99R -142 Dated: 06 -22 -99 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.16.5 Anaheim, CA 92805 RULE NO. 16 SERVICE CONNECTIONS, METERS, AND CUSTOMERS' FACILITIES B. SERVICE CONNECTION AND METER INSTALLATION CHARGES (Continued) 9. Service Extension 5 Feet or Less. In the event a Customer requests a Service Connection to be extended 5 feet or less and the existing Service Connection complies with the most current version of the WSSS, the following fee is required: a. Single Extension 1 inch Service Connection $195 2 inch Service Connection $620 b. Each additional extension when constructed in conjunction with the first. 1 inch Service Connection $105 2 inch Service Connection $470 10. Service Abandonment Fee. If a property has an existing Service Connection that is no longer required because the owner has requested a new Service Connection or the property's use has changed, then the following fee is required: a. Single Service 1 inch Service $510 2 inch Service $555 b. Each additional Service Connection abandonment if provided at the same time as the first: 1 inch Service $360 2 inch Service $400 An abandonment fee will not be required when the new Service Connection installation will not require the Utility (i) to install an additional tap into the Distribution Main, and (ii) to trench outside of the location of the previous Service Connection. 11. Service Connection Improvements. When a Customer makes any on -site improvements to existing facilities and is determined to have a Service Connection or Meter not in compliance with the most current version of the WSSS, he will be required to abandon the existing substandard appurtenance and install a new appurtenance prior to approval of the improvement plans. C. CUSTOMER'S RESPONSIBILITY The Customer, as a condition precedent to receiving Service shall: 1. Furnish and lay the necessary On -Site System and piping to make the connection to the point of delivery. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.:99R -142 Dated: 06 -22 -99 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.16.6 Anaheim, CA 92805 RULE NO. 16 SERVICE CONNECTIONS, METERS, AND CUSTOMERS' FACILITIES C. CUSTOMER'S RESPONSIBILITY (Continued) 2. Provide a main valve on the piping between the Service Connection and the point of Customer use, as per Building Division. 3. Provide a bacteria clearance certificate for Services 3 inches and larger. 4. Disconnect all inactive Service Connections from the Public System to the Customer's Premises in the manner prescribed by the Utility. D. OWNERSHIP AND ABSENCE OF RENTAL OBLIGATION WHERE FACILITIES ARE ON PREMISES OF CUSTOMER 1. The Service pipe, curb stop, Meter, and Meter box located wholly or partially upon a Customer's Premises are the property of the Utility. 2. No rent or other charge will be paid by the Utility where the Utility -owned Service facilities are located on a Customer's Premises. E. ACCESS TO PREMISES OF CUSTOMER 1. The Utility shall at all reasonable hours have access to Meter, Service Connections and other property owned by it which may be located on Customer's Premises for purposes of installation, Meter reading, maintenance, operation or removal of its property at the time Service is to be terminated. The Customer's On -site System shall be open for inspection at all reasonable times to authorized representatives of the Utility, County, CDPH, and RWQCB to verify that the Customer is complying with these Rates, Rules and Regulations. 2. Any inspection work or recommendations made by the Utility or its agents in connection with plumbing or appliances or any use of water on the Customer's Premises, either as a result of a complaint or otherwise, will be made without charge. F. CROSS - CONNECTIONS 1. Protective Regulation No physical connection between the Potable Water supply system of the Utility and that of any other water supply will be permitted except in compliance with the regulations of the State Department of Public Health contained in Title 17 of the California Administrative Code under "Regulations Relating to Cross - Connection ", as may be amended from time to time. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 99R -142 Dated: 06 -22 -99 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.16.7 Anaheim, CA 92805 RULE NO. 16 SERVICE CONNECTIONS, METERS, AND CUSTOMERS' FACILITIES F. CROSS - CONNECTIONS (Continued) 2. Special Protective Devices Required The Utility will require a Customer to install an approved reduced pressure principle type backflow protection device (RP) under any of the following conditions: a. Where a fresh water supply which has not been approved by the State Department of Public Health is already available to a Customer from a well, spring, reservoir or other source. (If the Customer agrees to abandon this other supply and agrees to remove all pumps and piping necessary for the utilization of this supply, the installation of reduced pressure principle type backflow protective devices will not be required.) b. Where salt water, or water otherwise polluted, is available to a Customer for industrial or fire protection purposes at the same Premises. c. Where the Customer's Premises are or may be engaged in industrial processes using or producing process waters or liquid industrial wastes, or where the Premises are or may be engaged in handling sewage or any other dangerous substance. d. Where the circumstances are such that there is special danger of backflow of sewage, Recycled Water, or other contaminated liquids through Customer's plumbing fixtures or water -using or treating equipment, or storage tanks and reservoirs. 3. Type and Expense of Protective Devices Any backflow protective device utilized shall be of the type and design specified and approved for these uses by the University of Southern California Foundation for Cross Connection Control and Hydraulic Research, and/or the Los Angeles Plumbing Test Lab and such device shall be installed, maintained and tested by and at the expense of the Customer, in a manner approved by the Utility and other Regulatory Agency when so required, and in a location which is readily available for periodic inspection. No physical connection shall be made or allowed to exist between any system conveying Recycled Water and any system conveying Potable Water. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 99R -142 Dated: 06 -22 -99 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.16.8 Anaheim, CA 92805 RULE NO. 16 SERVICE CONNECTIONS, METERS, AND CUSTOMERS' FACILITIES F. CROSS CONNECTIONS (Continued) 4. Periodic Inspection and Testing of Protective Devices Whenever backflow protective devices are installed, the Customer shall have competent inspections and tests conducted at least once a year, or more often in those instances where successive inspections and/or tests indicate repeated failure thereof. These devices shall be repaired, overhauled or replaced at the expense of the Customer whenever they are found to be defective. Records of such tests, repairs and overhaul shall be kept and made available to the Utility and the public health agency having jurisdiction. 5. Refusal to Serve or Discontinuance of Service for Failure to Install Protective Devices The Utility may refuse or discontinue Service until there has been installed on the Customer's piping approved devices of the required type to protect against backflow of water from the Customer's premises into the Utility's system. 6. Plan Check and Field Inspection of New Backflow Devices * To cover the cost of a plan check and inspection, the Utility shall charge a $100 fee on Service Connections that require a backflow prevention device. The Utility shall charge an additional $20 fee for each additional connection requiring a backflow device. G. RIGHT OF ACCESS 1. The Utility shall, at all times, have the right of ingress to and egress from Customer's Premises at all reasonable hours for any purposes reasonably connected with the furnishing of Services and exercise of any and all rights secured to it by law or these rules. 2. The Utility shall require that each Customer furnish the Utility, at the expense of the Customer and in the appropriate quantity as specified by the Utility, with the appropriate devices to gain access to a Customer's premises by way of keys, gate opener /clickers or a personal escort. 3. The Utility may charge a Meter reading fee if the Utility cannot gain access to the Customer's metering equipment on the scheduled read date. Rule 21 contains the above referenced charges. * Pursuant to the guidelines established in Resolution 2009 -078, collection of the Service Connection and Meter Installation Charges and the charges for Plan Check and Field Inspection of New Backflow Devices resulting from the repair or reconstruction of structures damaged as a result of the Freeway Complex Fire shall be waived for those applicants deemed eligible with the waiver of those fees expiring on March 10, 2011. ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.:2009 -078 Dated:05 -19 -09 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.18.1 Anaheim, CA 92805 RULE NO. 18 SERVICE TO SEPARATE PREMISES AND MULTIPLE UNITS AND RESALE OF POTABLE WATER OR RECYCLED WATER A. NUMBER OF SERVICES TO SEPARATE PREMISES Separate Premises under single control or management will be supplied through separate individual Service Connections except under the following conditions. 1. When more than one Premises is served through a single Service Connection from the Public System, a legal association of ALL those properties served must be recorded with the Orange County Recorder. The conditions, covenants, and restrictions of an association shall contain provisions which define the perpetual responsibility for the payment of all Utility Services provided and the individual responsibility of all association members. 2. The provisions of Rule 16.F, of these rules, shall apply. B. SERVICE TO MULTIPLE UNITS ON SAME PREMISES Separate houses, buildings, living or business quarters on the same Premises, under a single control or management, may be served at the option of the Applicant by either of the following methods: 1. Through separate Service Connections to each or any unit provided that the piping system from each Service Connection is independent of the others, and is not interconnected. The provisions of Rule 16F, of these rules, shall apply. 2. Through a single Service Connection to supply the entire Premises. The responsibility for payment of charges for all Service furnished to combined units through a single Service Connection, in accordance with these Rates, Rules and Regulations, must be assumed by the Applicant. C. RESALE OF POTABLE OR RECYCLED WATER A Customer shall not resell Potable Water to another Person at any charge higher than his pro rata share of the total charges as rendered by the Utility. This paragraph shall not apply to a flat rate charge as a portion of the rental of the Premises or space occupied. No Person shall resell any Recycled Water received by him on any Premises. No Person shall permit the use by another of any Recycled Water received by him on any Premises other than those specified in his Application for Service and listed in his approved User's Permit. ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 88R -368 Dated: 09 -27 -88 General Manager