Attachment B - Chapter 37
City of Phoenix — Transportation, Infrastructure and Innovation Subcommittee (2020-09-02)
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Attachment B
Chapter 37
WATER
Article I. General
Sec. 37-1.
Definitions.
In this Chapter:
Approved backflow prevention assembly or assembly means any testable
assembly for the purpose of backflow prevention, with the exception of an
approved air gap, that has been issued a certificate of approval by the
University of Southern California Foundation for Cross-Connection Control
and Hydraulic Research, or such other third-party certifying entity,
unrelated to the product’s manufacturer or vendor, that is acceptable to
the Arizona Department of Environmental Quality. The Director maintains
a list of assemblies.
Association means the Salt River Valley Water Users’ Association, an
Arizona corporation.
Backflow means the undesirable reversal of flow of water or mixtures of
water and other liquids, gases or other substances into the distribution
system of the public potable water supply.
Backpressure means a form of backflow due to any elevation of pressure
in the downstream piping system (by pump, elevation of piping, or steam
and/or air pressure) in excess of the supply pressure at the point of
service delivery that would cause, or tend to cause, a reversal of the
normal direction of flow through the backflow prevention assembly.
Body of water means a lake, pond, lagoon or swimming pool in a new
development that has a total surface area greater than 12,320 square feet
or is larger than one per cent of the net lot area of the parcel of land on
which the water feature is located, and that is filled or refilled for
landscape, scenic or recreational purposes. A body of water that is used
incidentally for landscape, scenic or recreational purposes is deemed not
to be filled or refilled for landscape, scenic or recreational purposes. Only
for the purpose of determining the surface area of a body of water, two or
more bodies of water that are connected are considered to be one body of
water. A swimming pool that has a surface area less than 12,320 square
feet is not a body of water.
Certified repairer means an individual certified to repair backflow
prevention assemblies by the California-Nevada Section of the American
Water Works Association, the Arizona State Environmental Technology
Training Center, or another agency or organization involved with the
training and certification of repairers acceptable to the Arizona Department
of Environmental Quality.
Certified tester means an individual certified to test backflow prevention
assemblies by the California-Nevada Section of the American Water
Works Association, the Arizona State Environmental Technology Training
Center or another agency or organization involved with the training and
certification of testers acceptable to the Arizona Department of
Environmental Quality.
City design standards means the City Design Standards Manual for Water
and Wastewater Systems as described in section 37-17.
City public water system or public water system means all water utility
components operated and maintained by the City by which the City
provides water within the City and to the City’s customers.
Contiguous means in contact at any point along a boundary or part of the
same master planned community. Two parcels of land are contiguous
even if they are separated by one or more of the following: a road,
easement or right-of-way.
Cross connection means any unprotected or potential connection or
structural arrangement between a public or a customer’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. Bypass arrangements, jumper
connections, removable sections, swivel or changeover devices and other
temporary or permanent devices through which or because of which
"backflow" can or may occur are considered to be cross connections.
Compliance with the Phoenix Plumbing Code creates a rebuttable
presumption that a cross connection does not exist.
Customer means any person that holds a City water or wastewater
services account in the person’s name or that receives water from the City
public water system.
Department means the City Water Services Department.
Department representative means an employee of the Department or a
person contracted to do work for the Department.
Developer means any person that subdivides land or constructs,
reconstructs, converts, structurally alters, relocates, or enlarges any
structure.
Development means the subdivision of land or the construction,
reconstruction, conversion, structural alteration, relocation or enlargement
of any structure.
Director means the City Water Services Director or a person designated in
writing by the Director to act on the Director’s behalf.
DWR means the Arizona Department of Water Resources.
Existing turf-related facility means a turf-related facility that, as of
September 30, 1994, is in operation or has obtained all pre-construction
permits and approvals required by federal, state or local government, or
for which substantial capital investment has been made in the physical on-
site construction of the facility in the 12 months before September 30,
1994, or that is owned or operated by a party, successor or designee who
has agreed to be bound by the provisions of an agreement requiring use
of reclaimed water and covering the conditions of reclaimed water service
entered into with the City before September 30, 1994. This includes an
expansion or modification of a turf-related facility, if that expansion or
modification increases the area of land to which water is applied for turf-
related watering purposes and has been substantially commenced as of
September 30, 1994. An expansion or modification has been substantially
commenced if the owner or operator of the facility has obtained all pre-
construction permits or approvals required by federal, state or local
government for that expansion or modification or has made a substantial
capital investment in the physical on-site construction of the expansion or
modification in the 12 months before September 30, 1994.
Groundwater Code means the Arizona Groundwater Management Act,
Arizona Revised Statutes, tit. 45, ch. 2 (A.R.S. sections 45-401 et seq.)
[2018], and any subsequent amendments of those statutes.
Landscape watering means the application of water from any source,
including effluent, by a turf-related facility, to a water-intensive landscaped
area, a low water use area, or revegetation acres. Revegetation acres
means acreage contiguous to a turf-related facility that has been approved
by the Director as qualifying for a revegetation allotment adjustment.
Landscaping plant means any member of the kingdom Plantae, including
any tree, shrub, vine, herb, flower, succulent, ground cover, or grass
species that grows or has been planted outdoors and is used for scenic
design purposes.
Lot means a parcel of land or two or more contiguous parcels to be used
as a unit.
Management Plan means the management plan for the Phoenix Active
Management Area most recently adopted by the Director of DWR
pursuant to Article 9 of the Groundwater Code.
New turf-related facility means a turf-related facility, including any
expansion or modification, that increases the area of land to which water
is applied for turf-related watering purposes, that has not been
substantially commenced as of September 30, 1994, and that does not
qualify as an existing turf-related facility.
Non-potable water means reclaimed water; stormwater runoff that is not
subject to appropriation under section 45-141, Arizona Revised Statutes;
water withdrawn pursuant to a poor quality groundwater withdrawal permit
pursuant to section 45-516, Arizona Revised Statutes; groundwater
withdrawn pursuant to a Type 1 or Type 2 non-irrigation certificate of
grandfathered right issued by DWR; and any non-potable water source of
a quality suitable for landscape irrigation, which meets all local, state and
federal water quality requirements for full body contact.
Planning and Development Director means the Director of the City
Planning and Development Department, or his authorized deputy, agent,
designee or representative.
Point of service delivery means the terminal end of a service connection
from the public water system. If a meter is installed at the end of the
service connection, then the point of service delivery means the
downstream end (i.e., customer’s side) of the meter. If an unmetered
connection exists, then the point of service delivery means at the point of
demarcation between the public right-of-way or easements and private
property.
Potable water means water delivered through the City’s public water
system after treatment designed to meet Environmental Protection Agency
and Arizona Department of Environmental Quality drinking water
standards.
Reclaimed water means wastewater that has been treated or processed
by a wastewater treatment plant or an on-site wastewater treatment facility
for reuse.
Roosevelt Irrigation District Exchange means the agreement and
arrangement by which the City, Roosevelt Irrigation District, the Salt River
Project, and the Salt River Pima Maricopa Indian Community exchange
water.
Salt River Project means the Association and the Salt River Project
Agricultural Improvement and Power District.
Sewage, sewer, sewer system, and wastewater have the same meanings
prescribed in section 28-1.
Suspend water service means to terminate or limit flows of the City public
water system to a premises pursuant to this Chapter.
Terminate water service means to cease water flows of the City public
water system to a premises pursuant to this Chapter.
Turf-related facility means a facility that applies water from any source to
10 or more acres of land for turf-related water purposes.
Used water means any water from the public water system after it has
passed through a customer’s point of service delivery.
Sec. 37-2.
Water Services Department—Duties—Water Services
Director.
The Director is the general executive officer of the Department and is in
charge of all operations, personnel, equipment and facilities of the
Department. The Director will control and ensure the sufficiency of the
water supply. Except in emergencies, the Director will notify the affected
public in advance of the need to suspend water service to make repairs,
extensions, or connections. The Director will establish, administer and
supervise rules, policies, procedures and agreements consistent with this
Chapter. The Director will recommend and administer water and sewer
service charges and fees. At all times, the Director’s actions are subject to
approval of the City Manager.
Sec. 37-3.
Authority of Director to make decisions.
To accomplish this Chapter’s goals and purposes, the Director may
resolve any issue not expressly addressed by this Chapter, subject to the
approval of the City Manager.
Sec. 37-4.
Water Services Department—Duties.
The Department, under the supervision of the Director, will operate and
maintain all City public water and sewer system facilities.
Sec. 37-5.
Ownership of City public water system.
The City owns and controls all components of the City public water
system. No person may claim, use, or control any facility of the City public
water system except as otherwise provided by this Chapter.
Sec. 37-6.
Shut-off valves.
The Department has exclusive control and authority over all shut-off
valves of the City public water system. No unauthorized person may
molest, disturb, or manipulate any shut-off valve on the City public water
system. Customers may install a shut-off valve for the customer’s use
downstream of the point of service delivery.
Sec. 37-7.
Obstruction of public water system.
No person may place any object, material, debris, or structure of any kind
near or around, or in any way obstruct access to, valves, valve boxes,
curb stops, water meter boxes, water gates, or any other component of
the City public water system. No person may tamper with or damage the
City’s water infrastructure. No person may fill or cover any valve or meter
box.
Sec. 37-8.
Tampering with and damaging public water system.
No person may break, deface or damage any hydrant, valve, pipe, meter,
waterworks appliance, or any other component of the City public water
system. No person may interfere with the operation of the City public
water system.
Sec. 37-9.
Only authorized persons to turn on water.
A.
Except for a Department representative, no person may open City
water valves or otherwise turn on water from the City mains without written
permission from the Director.
B.
If a person turns on City water service without authority, the
Department will promptly terminate water service. Service will not be re-
established until the appropriate fee and any applicable repaving costs are
paid.
Sec. 37-10. Unauthorized possession, sale or fabrication of
Department keys or hydrant wrench.
No person may knowingly own, possess or maintain control of a curb stop
key, valve key or hydrant wrench for the City public water system without
written permission from the Director. No person may fabricate, buy, sell or
otherwise transfer a curb stop key, valve key, or hydrant wrench without
written permission from the Director.
Sec. 37-11. Fire hydrants—Generally; purpose and use; permits.
The City installs and maintains fire hydrants for the primary purpose of
extinguishing fires. The Department and the Fire Department may use the
fire hydrants for any City purpose. The Department may issue a permit to
allow persons to use fire hydrants temporarily for construction, dust control
and special events and charge those fees and rates prescribed in section
37-73. The permit will contain conditions as the Director determines
appropriate. The Director may deny or cancel a fire hydrant permit if a
person fails to comply with the permit, damages a hydrant, violates any
provision of this Chapter, or is delinquent for more than 30 days for
payments owed to the City for water service.
Sec. 37-12. Fire hydrants—Obstructing access; unlawful use,
tampering with or injuring.
No person may place any object, material, debris, vegetation or structure
of any kind within 10 feet of, or in any way obstruct access to, a fire
hydrant. No person may tamper with or damage a fire hydrant. No person
may attempt to open or use a fire hydrant without a permit issued by the
Department.
Sec. 37-13. General construction water—From fire hydrants;
unmetered water for City projects to be estimated.
A.
A person may apply for a fire hydrant permit from the Department
for water for construction purposes only if an existing water service
connection is unavailable or inadequate. If the permit is granted, the
person must pay all applicable fees and charges prescribed in section 37-
73, comply with all permit requirements, and comply with all provisions of
this Chapter.
B.
The Department may make unmetered water available for City
projects, subject to the Director’s approval and the terms of this
subsection. The City department responsible for the project will furnish the
Department with an estimate of all unmetered water used. The
Department will bill the City department for all unmetered water used on
the project at the same rate as water taken through a fire hydrant, in
addition to a charge equal to the cost, including overhead, for any work
the Department performed to provide the water for the City project.
Sec. 37-14. Interruption of water service.
The Department may shut off water service from the City’s mains at any
time without notice to address emergencies or to complete repairs,
extensions, or other work. The City is not liable for any damages arising out
of a water service shut-off or water escaping from the City mains breaking
any pipe or fixture. Customers having machinery, material, processes, or
operations requiring a constant supply of water must take all measures
necessary to ensure a constant water supply, including installing a private
water storage facility or taking other action as necessary on the customer’s
premises to prevent damage due to any interruption of the City’s water
service.
Sec. 37-15. Street works; utility relocation; notice to Department.
All persons performing work, such as grading, filling and trenching, or
paving, within the City right-of-way must give the Director at least five
business days’ written notice in advance of the work. Any person
performing work within the City right-of-way is liable to the City for any
damage to the City’s infrastructure resulting from that work. Any person
performing work within the City right-of-way must comply with the City
design standards.
Sec. 37-16. Structure unfit for human occupancy.
On receiving a written report from an authorized City or County officer that
a structure has been declared unfit for human occupancy and ordered
vacated, the Director will immediately terminate water service to the
structure. The Director will not restore water service until the Director
receives written notice from an authorized City or County officer that the
structure is safe and fit for human occupancy.
Sec. 37-17. Adoption of City Design Standards Manual for Water and
Wastewater Systems.
The Director will prepare and maintain a City Design Standards Manual for
Water and Wastewater Systems with policies, standards, procedures, and
practices related to compliance with this Code. The Design Standards
Manual for Water and Wastewater Systems is a comprehensive, state-of-
the-practice water and wastewater design document that addresses water
and wastewater design criteria, water distribution and transmission
systems, wastewater collection including lift stations, and force main
requirements for public and private development within the City. For the
purposes of this Chapter, the City Design Standards Manual for Water and
Wastewater Systems includes the checklists, engineering details, policies
and procedures, and specifications and details referenced and used in the
City Design Standards Manual. The Design Standards Manual for Water
and Wastewater Systems will be on file in the Office of the City Clerk and
will be available on the Department’s website.
Sec. 37-18—37-21. Reserved.
Sec. 37-22. Protection of water supply and sewer systems.
The Director and the Planning and Development Director may establish
additional policies and rules necessary to protect the City public water and
sewer systems.
Sec. 37-23. Water Services Department—Right of entry for
inspection; credentials.
A.
The Department will at all reasonable times have access to a
customer’s premises for inspection, maintenance and operation of meters,
service connections, and other components of the City public water
system and to ensure the protection of the City public water supply. On
presentation of the Department representative’s credentials, the owner or
occupant of any premises for which the City supplies water must provide
access to the premises to allow for inspection, maintenance and
operation.
B.
If an authorized Department representative has presented
credentials and is refused access to any premises or is hindered or
prevented from accessing the premises, the Director may terminate water
service to the property after providing 24 hours’ written notice to the owner
or occupant of the property.
C.
No unauthorized person may possess or present credentials or
otherwise impersonate a Department representative.
Sec. 37-24. Duty of other City departments to aid Water Services
Department.
All City departments will assist the Department in the enforcement of this
Chapter and will report all observed or suspected violations to the
Director.
Sec. 37-25. Reserved.
Sec. 37-26. Permit required for customer to supply water to others.
No owner or lessee of property to which the City supplies water may
furnish water to any other person or property without written authority from
the Director. Any authority granted by the Director may include conditions
as the Director determines necessary and may be terminated by the
Director at any time.
Sec. 37-27. Waste of water; failure of customer to make repairs to
pipes, valves and fixtures.
A. Each customer served by City water is responsible for all leaks, or
damages due to leaks, downstream of the customer’s point of service
delivery. Each customer is responsible for full payment of charges to the
City for any water lost due to leaks and other causes downstream of the
customer’s point of service delivery.
B. Each customer must maintain water pipes, faucets, valves,
sprinklers, plumbing fixtures or any other water appliances in good repair
to prevent waste of water. If a customer fails to maintain water facilities in
good repair, the Director may terminate water service to the customer’s
property in an emergency or after providing 10 days’ written notice to the
service address to be terminated. The Director may restore water service
when the condition forming the basis for the termination has been
remedied to the satisfaction of the Director. The customer must pay all
fees and charges relating to the termination and restoration of water
service before water service is restored.
C.
Unless authorized in writing by the Director, no person may
construct or maintain any channel, ditch, flume, or conduit to run water, or
otherwise cause water to flow or discharge, from any premises, residence
or place of business on any street, gutter, way, sidewalk, alley or public
place.
Sec. 37-28. Reserved.
Sec. 37-29. Application outside City; exception.
This Chapter and all policies, procedures, and rules established under this
Chapter related to the terms and conditions for providing water service
apply to all areas of the City’s water service area, including those areas
outside the City limits.
Article II. Main Extensions And Construction
Sec. 37-30. Main extensions – Connections with distribution system.
A.
Any person or developer wanting to connect water main extensions
to the existing City public water distribution system must submit
construction plans and specifications to the Director, pay established fees
and charges, and receive permits approved by the Director before any
construction of the water main extension commences.
B.
The Department will not perform field engineering or prepare
detailed plans and specifications for water main extensions and
associated appurtenances for any owner or developer. The owner or
developer is responsible for all costs for hiring a civil engineer registered
in Arizona to perform all work. The owner or developer must pay all costs
to design, permit, and construct the water main extension, including any
costs of acquiring rights-of-way and easements, preparation of as-built
plans, and the Department’s inspection of construction.
C.
Any water main extension must be sized for adequate service
during peak demands and fire flows, as determined by the Director. The
Director will determine the necessary layout of public water mains.
D.
Each service connection must have a flow rate of at least three
gallons per minute, with a minimum residual pressure of 40 pounds per
square inch at the meter.
E.
If public booster pumps or pressure reducing valves are necessary
to maintain appropriate water pressures in mains because the
development to be served with the main extension is near the hydraulic
gradient of the distribution system of the City service area, the developer
must construct at the developer’s expense the necessary facilities and
must meet City design standards.
F.
All water main extensions, service connections, public booster
pumps, pressure reducing valve, and all other water distribution facilities
constructed by developers pursuant to this article upstream of points of
service delivery become and remain the property of the City on
acceptance of the facilities by the City. The City assumes ownership,
maintenance and operation of the facilities on acceptance.
G.
If the finished floor elevation of a structure that receives water
service is above the designed pressure zone’s top elevation boundary, the
developer must construct a private booster-pump station and associated
storage facilities to provide adequate pressure for the required flows to the
property. If the finished floor elevation is below the designed pressure
zone’s low elevation boundary and the static pressure at the meter
exceeds 80 pounds per square inch, the developer must install a pressure
reducing valve to decrease pressure adequately for the required flows.
Any stations, facilities or valves must be located downstream of the point
of service delivery and remain privately owned, operated, and maintained
at the property owner’s sole cost and expense.
Sec. 37-31—37-32. Reserved.
Sec. 37-33. Extensions in subdivisions, single lot, and sublot
developments and all other developments.
A.
Except for a single residence on a single lot, in all developments
where the City is to provide water service, the owner or developer must
plan, construct, and furnish to the City all water mains, service
connections, valves, fittings and appurtenances within the boundary of the
development, as well as the streets bounding the entire development,
pursuant to all of the following:
1.
All plans must be approved by the Director.
2.
The developer must pay all fees specified by the City Code.
3.
The developer must plan, construct and furnish to the City all
off-site water mains necessary to complete a looped connection to
existing City mains as determined by the Director. All water lines
must be constructed to conform with the City’s water distribution
master grid system and must be constructed as a general area
improvement regardless of whether the water lines will directly
serve the property being developed.
4.
Except as provided in paragraph 5 of this subsection,
minimum water main size is 12-inch mains on section line streets or
grid arterials, eight-inch mains on mid-section line streets or mid-
grid feeders, and six-inch mains on all other streets, unless peak
demands and fire flow require a larger main, as determined by the
Director.
5.
For developments in the downtown core area, the minimum
water main size is 12-inch mains unless an existing eight-inch main
meets the needs of the development, including fire flow
requirements, as determined by the Director. For the purposes of
this section, “downtown core area” has the meaning prescribed in
the City design standards.
6.
For all developments, the developer must install fire
hydrants, valves, pipes, and fittings required for the hydrant
installation pursuant to the City design standards.
B.
Existing lines larger than 12 inches in diameter are part of the
transmission system and are not part of the water distribution master grid
system. The Director will require the developer to construct distribution
mains of the required size in parallel to such existing transmission system
mains. If existing distribution system mains within a development, or the
streets bounding a development, do not meet the size specifications of
this Chapter, or are inadequate for the demands, including fire flows, of
the development, as determined by the Director, the Director will require
the developer to replace or parallel existing mains with mains of the
required size.
C.
If no water main exists along the frontage of a single, existing,
residential lot zoned for single-family use (R1-6 through Re-43), and the
developer of the single lot requests City water service, the developer must
construct and extend the existing main to the point of the requested
service connection plus an additional 10 feet. If the Director determines
that a repayment agreement is practicable, and the applicant agrees to
enter into a repayment agreement, the developer will construct the new
water main beyond the connection point and across the entire lot frontage.
D.
The developer must guarantee all water mains, service
connections, valves, fittings and appurtenances installed by the developer
against all defects for a period of two years after acceptance of the
facilities by the Department.
E.
Only authorized Department representatives may install, remove or
reinstall water meters. If a developer removes, changes, or relocates
water meters, the developer must pay the City for the cost of restoring
meters to the authorized and designated locations.
Sec. 37-34. Construction water through metered service
connections; rates.
The Director will accept applications from a developer for the installation of
a meter to measure water for construction purposes if a service
connection has been installed by the developer and accepted by the City.
The Department will prepare a separate billing for each metered service
connection used to supply water for construction, and the Department will
assess the following charges:
1.
Inside the City.
a.
For each metered service connection used to supply
water for construction inside the City, the developer must
pay, in advance, an estimated water use charge for six
months of water for construction. The Department will apply
the water rates for inside-the-City water service prescribed in
section 37-63 to the estimated quantity of use for the six-
month period. If construction continues longer than 120
days, the developer must pay, in advance, an additional
monthly minimum water use charge, based on estimated
water use, for each month construction continues.
b.
The developer must pay the estimated six-month
water use charge before the Department will set a meter.
The developer must pay the City for all water recorded by all
meters from the date the meter is set until a new account is
established for the property served by the meter pursuant to
this Chapter.
c.
When a new account is established for the property
served by a meter, the Department will take a final meter
reading and will bill the developer for any water use in
excess of the estimated payments. The developer must pay
the amount due within 60 days. In no event is any portion of
the estimated water use charge refundable.
2.
Outside the City. For each metered service connection used
to supply water for construction outside the City, the provisions of
paragraph 1 of this section apply, except that the Department will
apply the water rates for outside-the-City water service prescribed
in section 37-64 to the water estimates and use.
Sec. 37-35. Water repayment program for Class 1 and Class 2 off-site
infrastructure needed for development.
A.
The repayment program is a program that allows for the orderly and
efficient extension of the City public water system by allowing for the
construction of infrastructure with capacity in excess of the needs of a
single development and providing for equitable distribution of the costs of
the infrastructure capacity and repayment to the original developer. The
repayment program applies to Class 1 and Class 2 projects.
1.
For the purposes of this article, a Class 1 project is an off-
site water main that is extended by one developer and connected to
later by one or more developers and that does not qualify as a
Class 2 project.
2.
For the purposes of this article, a Class 2 project is a project
that includes an off-site water main 12 inches or greater in
diameter, a booster station, a pressure reducing station, or a
combination of such water mains and stations, that meets all of the
following conditions:
a.
The project is constructed by one or more developers
and provides a benefit to a defined area.
b.
One or more additional developers will likely directly
or indirectly connect to the project.
c.
The infrastructure costs exceed $1,000,000.00, or the
area benefitted by the project, except for the first developer’s
property, is comprised solely of State trust land and the
Director has agreed to waive the $1,000,000.00 minimum
requirement.
3.
For the purposes of this article, an indirect connection
means that a development is hydraulically benefited by, but is not
directly connected to, a Class 2 project.
4.
For the purposes of this article, off-site infrastructure means
infrastructure necessary or beneficial to a development that is not
located on the property of the development.
B.
The Director may require a developer to increase the capacity of
off-site infrastructure. If increased capacity is required, the City will be
responsible for the cost of the increased capacity. The City’s contribution
to the project will be subtracted from the total costs used to calculate the
repayment amount that is owed to the developer under a repayment
agreement.
C.
The developer must employ a civil engineer registered in the State
of Arizona to perform field engineering, submit detailed plans and
specifications, and submit information on existing or proposed
infrastructure, development plans, local drainage conditions and other
items that are necessary to establish the benefiting area to be served by
the Class 2 project. The Department, using local drainage conditions and
other appropriate factors, will make the final determination of the area to
be served and benefitted by the Class 2 project. The Department must
approve the final detailed plans and specifications for the water facilities
before construction begins. The construction must meet Department
specifications, requirements, and approval and will be subject to
inspection by the Department during construction.
D.
The cost of distribution mains within the boundary of a development
is not eligible for repayment and will not be included in a repayment
agreement.
E.
Direct project costs eligible for recovery under the repayment
program are costs of engineering and design plans, direct labor costs,
subcontract costs, costs of materials and equipment incorporated in the
completed construction, and staking and materials testing. The developer
must include all cost items except those related to engineering and design
plans, materials testing, and staking in the bids that are submitted to, and
reviewed by, the Department. The developer must show all unit pricing on
all bids. The developer must provide, and submit to the Department for
review, all cost items related to engineering and design plans, materials
testing, and staking on the engineer’s letterhead. The City and developer
will agree on the engineering costs for determination of total construction
cost before execution of the repayment agreement, except that the
engineering costs may not be more than 20 per cent of the construction
low bid. Eligible project costs do not include costs associated with
temporary facilities, permit fees, taxes or attorney fees. The Department
may allow additional direct construction costs to be included in the total
project cost, except that the additional direct costs may not in the
aggregate be more than 10 per cent of the lowest construction bid
submitted. Interest is not eligible for recovery under the repayment
program.
F.
To qualify for a repayment agreement, the developer must submit a
minimum of three written sealed bids for the project construction to the
Department before acceptance of the project by the Department. The City
may review all bid submissions, reject any or all bids, and require that the
process be repeated using bids submitted by different contractors. The
developer must ensure that bids adequately represent the full extent of the
anticipated contract requirements, including facility locations and sizes,
site constraints, material and labor quantities. The costs eligible for
repayment may not be more than the lowest of the three bids except that
the Director may approve reimbursement of additional costs that would
have been eligible if included in the low bid but were unforeseeable when
the contract was bid, except that unforeseen costs may not in the
aggregate be more than 10 per cent of the low bid.
G.
On completion of the Class 1 or Class 2 project and final
acceptance of the project by the Department, the project becomes
property of the City, is subject to exclusive control by the City, and is
subject to all provisions of this Chapter. The developer must ensure that
the project is free and clear of all encumbrances and liens.
H.
If the Director determines that the Class 1 or Class 2 project
qualifies for the repayment program, the City may enter into a repayment
agreement with the developer. In addition to other appropriate conditions,
the repayment agreement will include all of the following:
1.
For Class 1 projects, a just, equitable and reasonable charge
to be paid by persons along the frontage of the Class 1 project
making a connection to the Class 1 project. The connection charge
will be determined on a cost-per-frontage-foot basis utilizing the
Class 1 project’s construction cost. Project costs associated with
that portion of the developer’s frontage requirements specified by
Section 37-33 will not be included in the total construction cost
used to calculate the repayment fee and are solely the
responsibility of the developer.
2.
For Class 2 projects, a just, equitable and reasonable charge
to be paid by persons within the benefiting area making a
connection to the Class 2 project. The connection charge will be
determined by dividing the Class 2 project cost by the maximum
service area acreage. The maximum service area acreage is the
developer’s service area plus the benefiting area. Project costs
associated with that portion of the maximum service area that falls
within the developer’s service area will be excluded from the total
repayment amount and are solely the responsibility of the
developer.
3.
Repayment agreement charges will not affect the right of the
City to assess any building permit, connection fee (water tap),
water service or other charges, fees and taxes against the owners
of property located along the frontage of the Class 1 project or
within the maximum service area of the Class 2 project.
4.
The repayment agreement for Class 1 projects will terminate
10 years from the date of execution by the developer, or when the
total repayment amount is repaid, whichever occurs first.
5.
The repayment agreement for Class 2 projects will terminate
20 years from the date of execution by the developer, or when the
total repayment amount is repaid, whichever occurs first.
6.
In order for the Department to recover costs associated with
the administration of a repayment agreement, the Department will
charge a fee. For Class 1 projects, the charge will be $500.00. For
Class 2 projects, the charge will be $500.00 or $2.00 per acre times
the benefiting area, whichever amount is greater. The developer
must pay the charge at the time of execution of the repayment
agreement. In addition, the Department will retain three per cent of
the monies collected under a repayment agreement.
7.
Any person connecting directly to a Class 1 project or within
the benefiting area connecting to a Class 2 project must pay the
connection charge. The Department will remit the appropriate
amount to the person entitled to receive the payment under the
repayment agreement within 90 days of receipt but will retain the
three per cent administration fee referenced in paragraph 6 of this
subsection.
8.
If a project is located in an area in which water impact fees
are assessed and the facility is eligible for credit against fees, the
developer will only receive credit against impact fees for that
proportion of the project cost that the repayment agreement
allocates to the developer. The developer may not be repaid for
project costs for which impact fee credits were issued.
9.
In certain situations, it may be desirable for the developer to
increase its proportion of the project cost to increase its share of
impact fee credits. The developer may request that the connection
charges in the benefiting area be reduced so that the total
proportion of cost attributable to the developer is increased. At the
sole discretion of the Director, a reduction in charges may be
permitted, and if implemented, will be applied uniformly to all
benefiting areas in the repayment agreement.
Sec. 37-36—37-38. Reserved.
Article III. Service Connections
Sec. 37-39. Connection to water mains required.
A.
To protect and support public health and welfare, where property
abuts a street in which a water main is laid, the property must be
connected with the City public water system. These service connections
must extend at right angles from the main to the curblines and must be
installed pursuant to City design standards.
B.
The number, location, manner of construction and size of all service
connections is subject to the approval of the Director.
Sec. 37-40. Buildings to have separate service connections;
exceptions.
Each building supplied with City water must have its own separate service
connection with the City mains, except two or more buildings located on
the same lot under single ownership, or a property that is known as a
court, apartment house, trailer court or other similar developments
covering more than one lot, on written permission of the Director, may be
supplied through a single metered connection with the City main. On
change from single ownership, the new owner must immediately make a
new and separate connection for the building or premises having the
indirect connection.
Sec. 37-41. Unauthorized connection with water mains.
No person may make any connection with the City public water system
without authority from the City. A violation of this section is a class 1
misdemeanor.
Sec. 37-42. Application for service generally; information required.
A.
Each person applying for a service connection from the Department
must present a valid permit issued by the Planning and Development
Department.
B.
The application must include all of the following:
1.
The applicant’s name.
2.
A description of the lot, block and addition to be served.
3.
The desired location where the City main is to be tapped.
4.
The desired size of the tap to be made.
5.
The house number and street name assigned to the
premises as shown by the Department’s records.
6.
The purpose for which the property will be used.
C.
The applicant must pay all applicable costs and fees to the
Department before the installation of the service connection and meter.
Sec. 37-43. Services and materials to be property of Water Services
Department; customer to pay for damages.
All meters and all materials the Department supplies in the installation,
repair, maintenance and replacement of any meter, pipe or service
connection remains the property of the City and will be maintained,
repaired and replaced by the Department. The customer is responsible for
any intentional or negligent damage to City meters, pipes, service
connections or appurtenances and must reimburse the Department for
any expense incurred in repair or replacement of the meter or materials.
The Director may terminate water service to the pertinent property if
reimbursement to the Department is not paid in full within 60 days of the
Department billing the customer.
Sec. 37-44. Service connections on existing mains.
If all or part of a new subdivision is served by existing City water mains,
only authorized Department representatives will make taps for service
connections.
Sec. 37-45. Developer to install service connections on new mains
in new subdivisions.
In all new developments where there are no existing City water mains,
developers must install all the service connections simultaneously with the
installation of the development’s water mains pursuant to City design
standards. In all new developments where the developer installs the
service connections, the developer must apply to the Department for
installation of water meters pursuant to this Chapter.
Sec. 37-46. Reserved.
Sec. 37-47. Changes to existing service connection.
If an existing service connection is abandoned or no longer used, or if a
change in location or size of the existing connection is requested, the
Department may immediately reclaim and disconnect the existing
connection at the main. If a new, restored, relocated, or resized service
connection is requested for the premises, the owner must apply and pay
applicable fees for a new service and connection pursuant to this Chapter.
Sec. 37-48. Service pipes—Location.
A.
The Department will not permit a service connection if the service
pipe will pass over or through premises that are, or may become, the
property of persons other than the owner of the premises to be supplied
from the connections.
B.
A water service pipe may not be laid in a sewer trench or within six
feet of a sewer trench.
Sec. 37-49. Service pipes—Excavations under sidewalk; installation.
A.
Where basement areas have been excavated beneath sidewalks,
the City will lay water service pipes only to the inside of the area wall, and
the owner must construct, from plans approved by the Director, a suitable
meter pit and covered sidewalk opening that allows the meter to be
located abutting the sidewalk side of the curbline in regular position.
B.
The Department will install water service pipes extending from the
main to the meter abutting the sidewalk side of the curbline.
Sec. 37-50. Special connections for fire prevention service;
installation and fees; use.
A.
Any person desiring to install a separate fire prevention service line,
building standpipe and hose or sprinkler system, where the service line or
systems will not be connected to or supplied water through the premise’s
water service meter, must file an application with the Planning and
Development Department for a fire line tap and standby fire prevention
service. The applicant must install special fire prevention systems
pursuant to Planning and Development Department requirements and pay
review fees as prescribed in the City Code.
B.
The applicant must install a double check valve backflow
prevention assembly or reduced pressure principle backflow prevention
assembly on the fire prevention service line upstream of the first point of
water use.
C.
If a detector check assembly and bypass meter is required for the
fire prevention service line, the applicant must furnish and install all
materials and equipment. The bypass meter must be acceptable to the
Department and must be tested and sealed by the Department before its
installation. If a detector meter on a fire prevention service line records
water delivery without a fire having occurred and without prior notice to the
Director, the Department will bill and collect the charge prescribed in
section 37-74.
D.
Every outlet valve on a non-metered sprinkler system must be
sealed. Seals may be removed for authorized purposes only, such as
testing of the system. The owner or tenant may test the fire prevention
apparatus at any time by notifying the Department. A mutually agreeable
time will be set for the test. All outlet valves must be sealed immediately
after completion of any test on a non-metered system. If a sealed valve is
opened without prior notification of the Department, the Department will
bill and collect the charge prescribed in section 37-74. In addition, the
Department may install a detector check assembly and bypass meter and
will bill all associated costs to the owner.
E.
No person may tap any component of a standby fire prevention
service, and no person may use water from a standby fire prevention
service, for any purposes other than testing the system pursuant to this
section or extinguishing fire on the premises.
F.
The Department may inspect the premises on which a standby fire
prevention service is installed at any time. The occupant of the premises
must cooperate with the inspection, provide reasonable access, and
provide all reasonably requested information to the inspector.
G.
The Department will bill and collect the standby fire prevention
service charge prescribed in section 37-75.
Sec. 37-51. Service connection fees.
The Department will bill and collect, in advance of installation, the fees for
laying and constructing service connections established by this Chapter.
Sec. 37-52. Installation of special services.
If an installation, special service, or work is required for any purpose not
covered by other provisions of this Chapter, the Department, on approval
of the Director, will perform the necessary special service, installation, or
work. The Department will bill, and the applicant must pay, the cost of the
Department staff time, material, excavation, repairs, and applicable
overhead.
Article IV. Meters
Sec. 37-53. Services to be metered.
A.
All water service provided by the City public water system must be
metered, except as otherwise provided by this Chapter.
B.
A separate water meter is required for the following new services
established after January 1, 1990:
1. Landscape watering of all landscaped areas greater than
10,000 square feet.
2. All water features having a daily consumptive use of 1000
gallons per day or greater.
Sec. 37-54. Location of meters.
All meters must be located on the sidewalk side of the curbline pursuant to
City design standards.
Sec. 37-55. Relocating meters inside buildings.
Where meters have been set inside of buildings, the Department will
relocate meters abutting the sidewalk side of the curbline. The Department
will bill the customer for all work and expense of resetting the meter. The
customer must relay the service pipes to conform to the new meter
location at the customer’s expense.
Sec. 37-56. Cost of changing size of meter or service.
If a person applies for a resized meter or service, the applicant must pay
the charges for the installation of a new meter or service prescribed in this
Chapter. The Department will remove the original tap.
Sec. 37-57. Removal of meters.
Only authorized Department representatives may move or remove meters.
If a meter is moved or removed in violation of this section, the Department
will terminate water service to the pertinent premises and will not restore
service until the customer for the premises reimburses the Department for
all costs incurred in restoring the meter to the authorized location.
Sec. 37-58. Replacement of meters.
The Department may replace any meter as needed and will determine the
size and type of any water meter installed. If the meter registers a rate of
flow excessive for a structure or facilities of a similar size and use for at
least three consecutive months, the Department may install a meter of
adequate size and will bill the customer for all costs incurred to replace the
meter.
Sec. 37-59. Reserved.
Sec. 37-60. Testing meter accuracy.
A.
If a customer asserts that a bill for any of the preceding three billing
periods has been excessive, the Department will, on written request, re-
read the meter and inspect the point of connection for leaks. The
Department will charge the fee prescribed in section 37-85.
B.
A customer may have the accuracy of a meter examined and tested
by the Department by making a request in writing or by email. On receipt
of the request, the Department will examine and test the meter. If the
meter registers more than two per cent in excess of the actual quantity of
water passing through it, the Department will replace the meter. The
Department will also adjust the customer’s current bill by the estimated
overcharge, as determined by the Director, and will not charge a fee. If the
meter registers two per cent or less in excess of the actual quantity of
water passing through it, the Department will charge the customer the fee
prescribed in section 37-85. On request, the customer may be present
during the test to verify the accuracy of the test.
Article V. Deposits, Rates, Billing Procedures and Miscellaneous Charges
Sec. 37-61. Financial responsibility deposits.
A.
To establish water service, all customers must post a security
deposit with the Department unless the customer has a good payment
record. “Good payment record” is defined in the Deposit Policy, a copy of
which is on file with the Department. The deposit will be an amount equal
to the average one-month City services bill for similar types of premises
for the previous 12 months. All deposits are non-interest bearing. If a
customer fails to post the required deposit, the Department will not initiate
or will terminate water service.
B.
If a customer’s water service is suspended for non-payment, the
customer must post a security deposit.
C.
If the customer fails to make timely payment of the City services
bill, the Department will apply the customer’s deposit to the unpaid
balance. If a customer makes full and timely payments of the City services
bill for 12 consecutive months, the Department will apply the deposit to the
customer’s City services account balance.
D.
If an account is closed at the customer’s request, the Department
will refund the deposit to the customer within 60 days, minus any amounts
owed to the City.
Sec. 37-62. Independent water rate review.
The City Manager will retain an independent consultant with expertise in
water rate analysis to review a proposed increase to the water rates
prescribed in section 37-63. The consultant will present the consultant’s
findings and review to the public, the City Manager and the Council before
proposed water rate increases are submitted to the Council for action.
Sec. 37-62.1.
Method of developing a water quantity charge.
A.
The water quantity charge will be developed by the following
methodology. The water quantity charge per 100 cubic feet, which is
added to the monthly service charge, will be calculated in two separate
rates which will be added together for a combined rate. The separate rates
will be for non-environmental raw water expenses and for other non-
environmental expenses.
1.
The raw water charge will include costs for acquiring water
from wholesale suppliers or any other sources and transporting that
water to points of delivery at water treatment plants, into the water
distribution system or into a storage facility, as that term is defined
by section 45-802.01, Arizona Revised Statutes. Raw water costs
may be reduced by a budgeted transfer from the water resources
acquisition fee fund. The raw water costs to be included in the raw
water charge are limited to the following:
a.
Direct payment of charges to the Central Arizona
Water Conservation District, the Salt River Project or other
supplier for the purchase, lease, transport, recovery, and
delivery of untreated water for use or storage by the City.
Charges will include fixed and variable operations and
maintenance charges, capital charges, and administrative
costs.
b.
Direct payment of charges to the Roosevelt Irrigation
District or Salt River Project for pumping and canal
maintenance charges related to the Roosevelt Irrigation
District exchange water.
c.
Direct payment of groundwater withdrawal fees and
long-term storage credit recovery fees to DWR.
d.. Direct payment of charges and fees for water storage,
as that term is defined by section 45-802.01, Arizona
Revised Statutes, and for water exchanges, as that term is
defined by section 45-1001, Arizona Revised Statutes.
e.
Costs to treat wastewater to potable drinking
standards.
2.
The other non-environmental charge will include operations,
maintenance, and replacement costs for water operations, direct
capital costs, repayment agreements, contingency reserves and
operating cash reserves, in lieu of property tax payments on water
facilities, and administrative allocation of functions that support
direct water operations. Other non-environmental charge
expenditures can be offset by revenues from sources such as water
connection fees, intergovernmental charges and miscellaneous
revenues as well as water resource acquisition fees for appropriate
water conservation operations or direct capital expenditures.
Budgeted transfers between this fund and other funds such as the
raw water fund may occur.
B.
For metered service located outside the City and outside the Town
of Paradise Valley, the water quantity charge per 100 cubic feet which is
added to the monthly service charge will be calculated using the
methodology prescribed in subsection A of this section and adding to such
calculation other rate considerations, including a return on investment.
Sec. 37-63. Water rates within the City and within the Town of
Paradise Valley.
A.
Monthly service charges within the City and within the Town of
Paradise Valley—Generally.
1.
The Department will charge the following monthly service
charge for each metered service connection within the City and
within the Town of Paradise Valley (plus applicable taxes):
Size of Meter
Service Charge
5/8" x 3/4"
$4.64
3/4"
$6.03
1"
$8.81
1 1/2"
$15.77
2"
$24.13
3"
$43.62
4"
$71.46
6" and larger
$141.06
2.
Monthly service charges include the following amounts of
water:
Month
Cubic Feet
October through May
600
June through September
1,000
B.
Rates within the City and within the Town of Paradise Valley. The
Department will charge customers within the City and within the Town of
Paradise Valley each month according to the following rate schedule (plus
applicable taxes):
Quantity Charge to Be Added to Service Charge
Per 100 Cubic Feet
0—600
Cubic Feet
Over 600 Cubic Feet
Seasons
Raw Water
Other
Total
Winter
Months
(December,
January,
February,
March)
$0.00
$0.42
$2.78
$3.20
Spring &
Fall Months
(April, May,
October,
November)
$0.00
$0.42
$3.31
$3.73
0—1,000
Cubic Feet Over 1,000 Cubic Feet
Summer
Months
(June, July,
August,
September)
$0.00
$0.42
$3.67
$4.09
Sec. 37-63.1.
Non-potable and untreated water rates within the
City and within the Town of Paradise Valley.
A.
For each metered service connection within the City and within the
Town of Paradise Valley, the City will charge users of non-potable water
or untreated water supplied through City facilities for landscape irrigation
or for filling or refilling a body of water, as follows:
1.
The monthly service charge for each metered service
connection will be 100 per cent of the monthly service charge for
the meter size prescribed in subsection A of section 37-63.
2.
For users of non-potable water, the monthly consumption
rate will be 80 per cent of the rates prescribed in subsection B of
section 37-63.
3.
For users of untreated water, the monthly consumption rate
will be 40 per cent of the rates prescribed in subsection B of section
37-63.
4.
For users of mixed non-potable water and untreated water,
the monthly consumption rate will be prorated based on the relative
per cent of non-potable water and untreated water using the rates
prescribed in paragraphs 2 and 3 of this subsection.
B.
All rates and charges within the City will be in addition to the excise
tax charges prescribed in section 37-65.
Sec. 37-64. Water rates—Outside the City and outside the Town of
Paradise Valley.
A.
The City will charge an amount equal to one and one-half times the
monthly service charge for the same size of meter prescribed in
subsection A of section 37-63 for each metered service connection
outside the City, except for metered service connections located within the
Town of Paradise Valley which will be charged the charges and rates
prescribed in Section 37-63.
B.
The City will charge an amount equal to one and one-half times the
total quantity charge per 100 cubic feet prescribed in subsection B of
section 37-63 for each metered service connection outside the City,
except for metered service connections located within the Town of
Paradise Valley which will be charged the charges and rates prescribed in
section 37-63.
Sec. 37-64.1.
Non-potable and untreated water rates outside the
City and outside the Town of Paradise Valley.
For each metered service connection outside the City, except for metered
service connections located within the Town of Paradise Valley which will
be charged the charges and rates prescribed in section 37-63.1, the City
will charge users of non-potable water or untreated water supplied through
City facilities for landscape irrigation uses or for filling or refilling a body of
water, as follows:
1.
The monthly service charge for each metered service
connection will be 100 per cent of the monthly service charge for
the meter size prescribed in subsection A of section 37-64.
2.
For users of non-potable water, the monthly consumption
rate will be 80 per cent of the rates prescribed in subsection B of
section 37-64.
3.
For users of untreated water, the monthly consumption rate
will be 40 per cent of the rates prescribed in subsection B of section
37-64.
4.
For users of mixed non-potable water and untreated water,
the monthly consumption rate will be prorated based on the relative
per cent of non-potable water and untreated water using the rates
prescribed in paragraphs 2 and 3 of this section.
Sec. 37-65. Excise tax.
A.
The City hereby adds an excise tax to City water service accounts
within the City to raise general revenues to defray City costs and
expenses, including costs of jail housing of City prisoners. The excise tax
will be computed and levied as follows:
1.
All single-family residential accounts: $1.00 per month.
2.
All other water accounts based on water meter size as
follows:
Meter Size
Monthly
Charge
5/8" or 3/4"
$1.00
1"
2.50
1.5"
5.00
2"
8.00
3"
15.00
4"
25.00
6" and larger
50.00
B.
In addition to the excise tax imposed in subsection A of this section,
the City hereby imposes an excise tax on the delivery of water services to
City water service accounts within the City to raise general revenues to
defray City costs and expenses, including costs of the City’s storm water
management program. The excise tax will be computed and levied as
follows:
1. All single-family residential accounts—$0.70 per month.
2. All other water accounts based on water meter size as follows:
Meter Size
Monthly
Charge
5/8" or 3/4"
$0.70
1"
1.46
1.5"
3.50
2"
4.85
3"
12.80
4"
19.75
6" and larger
30.00
C.
In addition to the excise taxes imposed in subsections A and B of
this section, the City hereby adds an excise tax to City water service
accounts within the City to raise general revenues to balance the general
fund budget. The excise tax will be computed and levied as follows:
1. All single-family residential accounts: $1.50 per month.
2. All other water accounts based on water meter size as follows:
Meter Size
Added Charge
(Except for
Single-Family
Residential
Accounts)
5/8" or 3/4"
$1.50
1"
$3.75
1.5"
$7.50
2"
$12.00
3"
$22.50
4"
$37.50
6" and larger
$75.00
3. This excise tax does not apply to fire prevention service lines.
Sec. 37-66—37-67. Reserved.
Sec. 37-68. City government; fire hydrant charge.
A.
All City departments will pay the Department for water service used
for City purposes from funds budgeted for that purpose, at the rate
prescribed in section 37-63. All City services will be metered. The
Department will maintain all meters and services as provided in this
Chapter. The City department receiving service will maintain all plumbing
facilities downstream of the point of service delivery.
B.
The Fire Department will pay the Department one dollar per year
per fire hydrant installed on the City public water system for the number of
fire hydrants in service on June 30 of each year.
Sec. 37-69. Charges to the customer.
The Department will bill a customer for all rates, rate components,
charges, fees and penalties for water supplied to the customer from the
City public water system, including charges for meters supplied, installed
or repaired, charges for labor or materials furnished for installing any
service connection or for tapping City mains, charges for turning water on
or off, and all fines and penalties assessed or imposed by this Chapter or
the rules of the Department. The customer must pay all validly billed rates,
rate components, charges, fees and penalties.
Sec. 37-70. Drinking fountains, toilets and other fixtures.
Water supplied to watering troughs, drinking fountains, toilets, urinals or
other fixtures placed for the benefit of the public by private parties must be
metered. Water charges for water service to these facilities are as
prescribed by the rates, fees, and charges stated in this Chapter.
Sec. 37-71. Charges if meter fails to register correctly or unable to
be read.
A.
The Department will estimate a charge to the customer if the meter
fails to register correctly. The Director may develop a process to estimate
water consumption using the best available historical consumption data.
The Department will maintain a written description of the procedure on file
in the Director’s office.
B.
The Department may estimate a customer’s water use for billing
purposes whenever construction conditions, obstructions, inclement
weather or emergencies prevent reading the meter.
Sec. 37-71.1. Errors in water service charges.
A.
If an error occurs and an account holder has received water service
but was not charged for that service, the Director may charge the account
holder an amount not more than the cost of 36 months of service before
the date the Department becomes aware of the error.
B.
If an error occurs and an account holder was charged for water
service that was not received, the Director may approve a payment or
credit to the account holder in an amount not more than the cost of 36
months of service before the date the Department becomes aware of the
error.
Sec. 37-72. Charges for use of more than one meter.
Where premises have more than one meter, the Department will calculate
the minimum charge, and charge for water used, separately for each
individual meter.
Sec. 37-73. Fire hydrant meter—Deposit, charges, monthly service
charge and water rates; fire flow tests.
A.
When a person applies for a fire hydrant meter, the applicant must
post a deposit of $500.00. The Department will assess the following
charges and deduct them from the deposit if they are incurred:
1.
Meter installation: $132.00
2.
Meter removal: $132.00
3.
Meter relocation: $132.00
B.
The customer must post an additional deposit of $500 when the
charges exceed the amount of the deposit.
C.
The Department will assess additional charges as follows:
1.
Failure to return fire hydrant key: $100.00.
2.
Damage to hydrant or connection: Cost to the Department
to repair or replace.
3.
Failure to return meter: $500.00.
4.
Fire flow test: $360.00
D
The Department will charge the following monthly service charge
and water consumption rates:
1.
Monthly service charge: $50.00.
2.
Quantity charge per 100 cu. ft.: Quantity charge equal to the
quantity charge prescribed in subsection B of section 37-63 for the
Spring and Fall months (April, May, October, November).
E.
The Department will add all applicable taxes to all fees and
charges.
Sec. 37-74. Unapproved water use and/or removal of seals from fire
prevention system.
A.
If a flow detector meter on a fire prevention service line records
water delivery without a fire having occurred and without prior notice to the
Director, the Department will assess a charge of $100.00 per occurrence.
B.
If a sealed valve on a non-metered sprinkler fire prevention system
is opened without prior notification of the Department, the Department will
assess a charge of $100.00 per occurrence.
Sec. 37-75. Standby fire prevention service.
For standby fire prevention service, the Department will assess a monthly
charge for unmetered connections as follows:
1.
Inside City: $.75 per inch diameter of service pipe.
2.
Outside City: $1.50 per inch diameter of service pipe.
Sec. 37-76. Water service connection charges.
A.
The Department will assess water service connection charges as
follows:
Tap and Meter With Trench Paving Repairs Fee
Meter Sizes
Cost per Meter
5/8"
$3,041.00
3/4"
3,066.00
"
3,550.00
1 12"
4,005.00
2"
4,152.00
3"*
8,555.00
4"*
9,551.00
6"*
12,269.00
6" fire rated*
12,643.00
8" fire rated*
13,138.00
Tap and Meter Without Trench Paving Repairs Fee
Meter Sizes
Cost per Meter
5/8"
$1,753.00
3/4"
1,779.00
1"
2,263.00
Tap and Meter With Trench Paving Repairs Fee
Meter Sizes
Cost per Meter
1 12"
2,806.00
2"
2,953.00
3"*
7,526.00
4"*
8,522.00
6"*
11,240.00
6" fire rated*
11,614.00
8" fire rated*
12,720.00
* 3", 4", 6" and 8" sizes must be constructed at cost with trust deposit in
the amount shown. The concrete vault required for 3", 4", 6" and 8" sizes
is the responsibility of the developer.
B. Special provisions. The Department will charge the “Tap and Meter
with Trench Paving Repairs” fee if the tap and meter are located within a
paved street as designated by the City’s street classification map. The
developer must also comply with all requirements and pay all fees and
costs prescribed in section 31-49.1. In areas outside of the City, the
Department will charge the appropriate fee, and the developer must
coordinate the work and any additional fees with the governing jurisdiction.
Sec. 37-77. Separate tap and meter installations.
A.
Tap only. (Includes Corp Stop, Service Lines, Curb Stop, Meter Box
and Lid). The Department will assess tap installation charges as follows:
With Trench Paving Repairs
Meter Sizes
Cost per Meter
5/8"
$2,734.00
3/4"
2,734.00
1"
3,180.00
With Trench Paving Repairs
Meter Sizes
Cost per Meter
1 12"
3,527.00
2"
3,653.00
3"*
5,485.00
4"*
6,003.00
6"*
7,213.00
* 3", 4" and 6" sizes to be constructed at cost with trust deposit in the
amount shown. The concrete vault required for 3", 4" and 6" sizes is the
responsibility of the developer.
Without Trench Paving Repairs
Meter Sizes
Cost per Meter
5/8"
$1,442.00
3/4"
1,442.00
1"
1,893.00
1 12"
2,322.00
2"
2,454.00
3"*
4,457.00
4"*
4,974.00
6"*
6,184.00
* 3", 4" and 6" sizes to be constructed at cost with trust deposit in the
amount shown. The concrete vault required for 3", 4" and 6" sizes is the
responsibility of the developer.
B.
Meter only: The Department will assess meter installation charges
as follows:
Meter Sizes
Cost per Meter
5/8"
$680.00
3/4"
700.00
1"
794.00
1 12"
1,051.00
2"
1,203.00
3"*
3,625.00
4"*
4,527.00
6"*
5,331.00
* 3", 4" and 6" sizes to be constructed at cost, with trust deposit in the
amount shown.
C. Special provisions. The Department will charge the “Tap and Meter
with Trench Paving Repairs” fee if the tap and meter are located within a
paved street as designated by the City’s street classification map. The
developer must also comply with all requirements and pay all fees and
costs prescribed in section 31-49.1. In areas outside of the City, the
Department will charge the appropriate fee, and the developer must
coordinate the work and any additional fees with the governing jurisdiction.
Sec. 37-78—37-79. Reserved.
Sec. 37-80. Meter relocation on existing service line for convenience
of customer.
The Department will assess charges for a meter relocation requested by a
customer as follows:
Fee
Service and
Meter Size
Cost per Meter
5/8"*
$1,271.00
3/4"*
1,271.00
1"*
1,717.00
1 12"*
1,799.00
2"*
1,931.00
* To be constructed at cost with trust deposit in the amount shown.
Sec. 37-81. Taps for water main extensions.
A.
The following charge is for the actual tapping operation only and
does not include materials. The contractor must furnish and install the
saddle or tapping sleeve and valve and make the excavation of sufficient
size to allow Department representatives adequate room to safely perform
the necessary work.
B.
The Department will assess a charge for tapping water main
extensions as follows:
Cast Iron/Cement/Asbestos/Pipe:
$622.00
Sec. 37-82. Test taps.
A.
The Department will charge a fee for test taps two-inch or less in
size installed in cast iron or asbestos cement pipe. The fee includes labor
and materials for installing the test tap but does not include excavation.
The contractor must make the excavation of sufficient size to allow
Department representatives adequate room to safely perform the
necessary work. The location and manner of location for test taps are
subject to the approval of the Director.
B.
The Department will charge the test tap fees as follows:
1.
Test taps installed during regular working hours: $380.00
2.
Test taps installed after regular working hours or on
weekends or holidays: $759.00.
Sec. 37-83. Water main shutdown; charges.
A.
The Director’s approval is required before the shutdown of a City
water main. Any contractor desiring the shutdown of a City water main
must apply to the Department and pay the established charges. The
contractor must notify the public in advance if a shutdown will cause any
City water customer to be without water.
B.
The Department will charge water main shutdown fees as follows:
Sec. 37-84. Activation or reactivation of water service.
A.
All persons requesting activation, reactivation or transfer of water
service must submit a service application to the Department. An
Fee
Size Main
Cost per Shutdown
during Regular Working
Hours
Cost per Shutdown after
Regular Working
Hours or on Weekends
or Holidays
12" and smaller
$292.00
$584.00
Larger than 12"
468.00
936.00
application must be submitted for each service address. Service
applications must include all of the following information:
1. Residential.
a. Name of responsible party (must be an individual).
b. Mailing address.
c. Service address.
d. Email address and telephone number, if available.
e. If property owner, proof of ownership.
f. If tenant, landlord’s name and address and a copy of the
lease agreement.
g. If agent, proof of agency.
h. Requested turn-on date.
2. Commercial.
a. Legal name of entity.
b. Service address.
c. Contact person.
d. Nature of business.
e. Whether there will be dining on the premises.
f. Federal employer identification number.
g. Mailing address.
h. Name and address of owner.
i. If property owner, proof of ownership.
j. If tenant, landlord’s name and address and a copy of the
lease agreement.
k. If agent, proof of agency.
l. Requested turn-on date.
B.
The Department will charge a service fee of $33.00 for activation,
reactivation or transfer of service.
Sec. 37-85. Delinquent account fees and miscellaneous charges.
A.
The Department will charge the following fees as applicable:
1.
Delinquent turn-off fee (charged if
water service has been suspended
for non-payment of bill)
$55.00
2.
Broken meter lock (if meter lock is
tampered with, broken, or removed)
$61.00
3.
Removing meter (if necessary to
prevent unauthorized use of water)
$110.00
4.
Turning off water service at main (if
necessary to prevent unauthorized
use of water)
$2492.00
5.
Plugging service (to prevent
unauthorized use of water)
$72.00
6.
Returned check
$18.00
7.
Testing customer’s water meter at
City facility (1-inch meter or smaller)
$253.00
8.
Testing customer’s water meter at
City facility (larger than 1-inch
meter)
Cost to
the City
9.
Water use without applying for
water service
$28.00
10.
Emergency turn-off at customer
request
$66.00
11.
Meter re-read at customer request
(waived if initial reading was
inaccurate)
$22.00
12.
Post notice (for posting at the
property for non-payment of bill)
$50.00
13.
Installation of anti-theft device (if
necessary to prevent unauthorized
water use)
$77.00
B.
All fees are subject to applicable taxes.
Sec. 37-86. Billing procedure.
A.
The Department will issue City services bills monthly. The bill will
contain the reading date, the meter reading, the consumption per 100
cubic feet or 100 gallons, the amount of the bill, the account number and
the total amount due.
B.
All money due the Department pertaining to water service will be
deposited with the City Treasurer. All money paid to the City Treasurer as
provided in this section pertaining to the Department’s receipts will be kept
by the City Treasurer in separate funds to be known as the water
maintenance and operation fund and the water revenue fund.
C.
All money due the Department pertaining to sanitary sewer rentals,
new sewer connections and other miscellaneous sewer revenues will be
deposited with the City Treasurer. All money paid to the City Treasurer
pertaining to sewer receipts will be kept by the City Treasurer in separate
funds to be known as the sewer maintenance and operations fund and
sewer revenue fund. All money due the Department pertaining to
sanitation fees will be deposited with the City Treasurer. The sanitation
revenues will be deposited into the general purpose fund.
D.
The City Treasurer will prepare a daily report of the total cash
receipts of water and sewer revenue, or other reports as may be required
from time to time, and submit copies to the Director and the City Auditor.
E.
No money will be drawn by the City Treasurer or any other officer
from the water maintenance and operation fund, the water revenue fund,
the sewer maintenance and operation fund or the sewer revenue fund
except on a warrant authorized by the Council in the same manner as
other warrants are required to be drawn against the various funds of the
City. All expenses necessary for the operation and maintenance of the
public water system will be paid by warrant drawn on the water
maintenance and operation fund. All expenditures for capital outlay
necessary for the operation of the Department will be paid by warrant
drawn on the water revenue fund. All expenses necessary for the
operation and maintenance of the sewers system will be paid by warrant
drawn on the sewer maintenance and operation fund in the same manner
as other warrants required to be drawn against the various funds of the
City. All capital expenditures for capital outlay necessary for the operation
of the sewer system will be paid by warrant drawn on the sewer revenue
fund.
F.
The Director may designate private establishments as authorized
City water payment stations, in the capacity of limited agents, to collect
customer payments. These payment stations must perform pay station
functions consistent with rules and instructions issued by the Department
and will be paid a collection fee for the acceptable performance of these
functions.
Sec. 37-87. Accounts generally; notices; house numbers to be
correct.
The Department will identify all water accounts in its records by the house
number and street name. The Department will send all notices regarding
water accounts, and all notices regarding any other matter pertaining to
the City water supply to any property, to the house number and street
name of the property. The customer may submit a written request to have
notices sent instead to an email address or to an address other than the
service account address. Changes of address or notifications of an
incorrect address must be promptly submitted to the Department.
Sec. 37-88. Payment of bills and charges.
A.
All City service charges are due and payable when billed. The
customer must pay all amounts by the due date printed on the City
services bill. If the total amount owed is not fully paid to the Department by
the monthly bill’s published due date, the Department will assess a late
fee of 3% per month on the delinquent amount. The next month’s bill will
indicate the amount past due, all late fees, and the current balance due.
The Department will assess a late fee each month on any delinquent
amount, including unpaid late fees. If water service is suspended as
prescribed in subsection B to a single-family residence, the Department
will not assess additional late fees to the customer as of the date of the
suspension of water service, except that the customer must pay late fees
already assessed as of that date, along with any other amounts due, to
restore water service pursuant to subsection B.
B.
The Department will suspend water service if the customer’s
account is delinquent for non-payment. The Department will send to the
customer a notice of non-payment informing the customer of the amount
that needs to be paid and the date on which payment must be received to
avoid suspension of water services. The Department will send the notice
by mail or electronically if the customer has previously elected to receive
bills electronically. The Department will provide no further notice. The
customer must pay all amounts due and owing, including the turn-off fee
and any assessed late fees, before the Department will restore water
service.
C.
The Department will not suspend water service for delinquent
accounts on a Friday, Saturday, Sunday, City-observed holiday, or the day
before a City-observed holiday.
D.
If an account holder disputes the accuracy of the bill, the account
holder may present objections by following the procedures prescribed in
section 37-95.
E.
An unpaid account balance may be transferred to another water
service account with the same account holder.
F.
The Department will send all delinquent accounts to a collection
agency.
Sec. 37-89. Unpaid bills at previous location.
The Department may not establish a water service account for a person
that owes a delinquent amount for City utility services, including delinquent
charges and fees.
Sec. 37-90. Water service to tenants.
A.
A tenant that is responsible under a lease for establishing and
paying for water service may establish water service pursuant to section
37-84 and is responsible for the payment of all charges, costs, and fees
for that service.
B.
Landlords may enroll in a landlord/tenant transfer of service
agreement to facilitate the uninterrupted transfer of services from landlord
to tenant, and tenant to landlord, when there is a change in occupancy
status of a property. To enroll, the landlord must complete, notarize and
submit the agreement to enable this service and pay the fee established in
section 37-84.
Sec. 37-91. Unregistered or unassessed water.
The Department will assess water charges, fees, and costs for any use of
City water, even if the person who used the water failed to apply for or
establish water services.
Sec. 37-92. Miscellaneous charges for water.
The rates to be charged and collected for all classes of service not named
in this Chapter will be at the meter rates established in this Chapter, for
quantities as near as may be estimated from the amount of water
consumed in similar places, and the consumption rates will be estimated
by the Director.
Sec. 37-93. Discontinuance of service—On order of account holder.
A.
The account holder or the account holder’s authorized agent must
make any request to discontinue water service. When a request to
discontinue water service is submitted, the Department will obtain a final
meter reading and calculate and bill for all unpaid charges for services
supplied to the premises. The account holder must pay all charges by the
date specified on the bill. The account holder requesting discontinuance of
service must also furnish the Department with a change of address.
B.
Until the account holder provides the Department with a notice of
discontinuance of service and the Department terminates service, the
account holder remains responsible for all charges, rates, fees and
penalties for water service at the service location.
C.
If the account holder has a deposit on account with the Department,
the Department will apply the deposit amount to any balance owing on the
account. The Department will refund to the account holder any credit in
excess of any balance owed by the account holder.
D.
The Department will assign to a collection agency any delinquent
amount remaining after the deposit is applied to the balance owed by the
account holder.
Sec. 37-94. Resumption of service.
A.
If water service is suspended due to a delinquent account, the
customer must pay all delinquent amounts before service is restored. The
Director may also require the customer to submit a security deposit
pursuant to section 37-61.
B.
On full payment of all delinquent amounts, the Department will
restore water service for the account, unless extenuating circumstances
such as broken or leaking pipes or other causes which are, in the opinion
of the Director, sufficient reason to refuse or delay restoration of service.
Sec. 37-95. Administrative hearing.
A.
To dispute the accuracy of the Department’s billing, an account
holder must submit to the Department a protest in writing or by email that
identifies the amount of the bill challenged and specifies the reasons for
the challenge. Any part of the bill not challenged is due and payable on
the date specified on the bill. The Department must receive the account
holder’s protest in writing or by email within 60 days after the end of the
billing period in dispute. If the Department does not receive a timely
protest, any dispute is waived. If the Department receives a timely protest,
the Department will review the protest and provide the account holder a
written decision that affirms or denies the protest and that informs the
account holder of the right to seek administrative review of the decision.
B.
The account holder may request administrative review of the
Department’s decision by submitting a written request for administrative
review to the City Auditor Department within 30 days of the Department
mailing the decision to the account holder. If the City Auditor Department
does not receive a timely written request for administrative review, the
Department’s decision is final and may not be further appealed, and any
challenged amount of the bill is immediately due and payable.
C.
A written request for administrative review must include all of the
following:
1.
A statement of the specific amount objected to.
2.
An explanation of why the billing is inaccurate and how that
billing should be adjusted.
3.
A request for hearing, if a hearing is desired.
D.
The City Auditor will assign the request for administrative review to
a hearing officer for consideration and decision. The hearing officer will be
a City employee but may not be an employee of the Department.
E.
The scope of the administrative review is limited to the accuracy of
the Department billing of the account holder. The hearing officer may not
consider legal, equitable, or policy arguments either in support of, or in
opposition to, the fees, costs and charges adopted by the Council and
codified in the Phoenix City Code. To prevail in the administrative review,
the account holder must establish by a preponderance of the evidence
that the Department incorrectly billed the account holder.
F.
The hearing officer will provide to the Department a copy of the
account holder’s request for administrative review and will request a
response from the Department. The Department will submit to the hearing
officer, and mail to the account holder, a written response to the request
for administrative review within 30 days of receipt of the request from the
hearing officer.
G.
If the account holder does not request a hearing, the hearing officer
will issue a written decision based on the documentation submitted by the
account holder and the Department. The hearing officer’s decision may
uphold or deny, in whole or in part, the account holder’s objection to the
account holder’s bill.
H.
If the account holder requests a hearing, the hearing officer will
schedule the hearing as soon as practicable after the Department submits
the response pursuant to subsection F. The hearing officer will conduct
the hearing pursuant to rules and procedures established by the City
Auditor. The hearing officer may grant extensions of time limits prescribed
in this section on a showing of good cause. Hearings will be conducted
informally, and the rules of evidence will not apply, except that the hearing
officer will make a decision based solely on substantial and reliable
evidence. The account holder and the Department may appear at the
hearing with witnesses and counsel to present information, explanation,
and documentation. The Department and the account holder will each
bear all of their own expenses incurred in the hearing, including counsel
fees, witness fees, mileage, reproduction of documents, and other similar
costs.
I.
Within 30 days of the conclusion of the hearing, the hearing officer
will issue a written decision. The hearing officer’s decision may uphold or
deny, in whole or in part, the account holder’s objection to the account
holder’s bill.
J.
If the hearing officer upholds the account holder’s objection in
whole or in part, the hearing officer may accordingly adjust the account
holder’s bill. The hearing officer’s decision is final and conclusive between
the City and the account holder as to the account holder’s protest. The
Department will not suspend the account holder’s water service for failure
to pay the amount subject to administrative review, until the hearing
officer’s written decision is issued as provided in subsection G or I. If the
hearing officer denies the account holder’s objection in whole or in part,
the amount of the account holder’s bill found to be owing to the
Department is immediately due and payable.
Sec. 37-95.1. Public emergencies; medical and financial hardships.
The Director may establish rules for addressing public emergencies and
medical and financial hardships faced by customers. The rules may
provide for waiver of fees and alternate payment methods for the
customer.
Article VI. Water Utilities Appraisal Review Board
Sec. 37-96. Water Utilities Appraisal Review Board—Established on
ad hoc basis; composition; appointment and terms of members;
administration; compensation of members.
The Water Utilities Appraisal Review Board (“Board”) is established on an
ad hoc basis to review appraisals of water utilities, including their water
supplies, for possible acquisition to expand the City public water system.
The Council will appoint three members to the Board on approving the
consideration of the acquisition of a water utility. The members serve until
final action by the Council on the consideration of the acquisition of the
water utility. The Board members will, at their first meeting, elect one of
the members chairperson and adopt rules for the administration and
proper functioning of the Board that are consistent with State law and the
Phoenix City Charter and Code. The members of the Board receive no
compensation for their services and will not be reimbursed for any
expenses incurred by them in the performance of their official duties.
Sec. 37-97. Water Utilities Appraisal Review Board—Duties and
powers.
A.
The duties and powers of the Board are limited to reviewing the
appraised values of water systems, including their water supplies, under
consideration for acquisition by the City and advising the City Manager
and the Council of its recommendations regarding the purchase price for
the water systems, including their water supplies.
B.
After review of the Board’s recommendations, the Director may
negotiate for the acquisition of the water systems and the water supplies.
Sec. 37-98. Reserved.
Article VII. Enforcement Of Chapter
Sec. 37-99. Interference with or obstructing water system facilities;
contamination; criminal penalties.
A.
No person may intentionally or knowingly deface, damage, use
without authority or interfere with any component or facility of the City
public water system.
B.
No person may pollute or contaminate the potable water supply of
the City public water system.
C.
A violation of this section is a class 1 misdemeanor.
Sec. 37-99.1. Civil penalties; recovery of expenses.
Except as otherwise provided in this Chapter, a person who violates any
provision of this Chapter is subject to a civil sanction of at least $100.00
dollars per violation and not more than $2500 dollars per violation.
Sec. 37-100. Terms and conditions of water service; recovery of
expenses; authority of Director to suspend water service.
A.
The provisions of this Chapter are the terms and conditions under
which the City provides water service to customers.
B.
The Department will charge and collect from any person who
violates this Chapter the full amount of the City’s economic loss caused by
the violation.
C.
In addition to any other sanction available under this article, the
Director will suspend water service to any property owned or used by a
person who violates any provision of this Chapter, including a provision
requiring payment of water charges, rates, and fees. The Director will
provide notice of any discontinuation of water service as provided by
subsection B of section 37-88. If water service is suspended under this
section, the water service will not be restored until the person has paid to
the City all penalties, applicable fees and deposits, and compensation for
the City’s economic loss.
Sec. 37-101. Provisions to be enforced; exception.
The provisions of this Chapter are for the benefit of the customers of water
in the City and for the protection of the City’s public water supply system.
Enforcement of the provisions of this Chapter may not be intentionally
ignored by any City official or employee. When strict enforcement of any
provision could result in a gross injustice on a customer, the Director may
order a suspension of the provision for that particular case.
Article VIII. Citizens’ Water Rate Advisory Committee
Sec. 37-102. Citizens’ Water Rate Advisory Committee; creation;
composition; term of office.
A.
The Citizens’ Water Rate Advisory Committee ("Committee") is
established. The Committee consists of nine members, serving without
compensation, who must be Phoenix water users nominated by the Mayor
and appointed by the Council.
B.
Committee members serve for a period of three years. The initial
appointment will be for the following terms:
1.
Three members will be appointed to serve for the term of
three years;
2.
Three members will be appointed to serve for the term of two
years;
3.
Three members will be appointed to serve for the term of
one year.
C.
All subsequent appointments will be for the term of three years. In
the event of death, resignation, removal or disqualification of any member
of the Committee, the Mayor will nominate and the Council will appoint a
member who will serve for the remainder of the unexpired term.
Sec. 37-103. Function and purposes.
The duties of the Committee include all of the following:
1.
Annually review the water revenue requirements of the City’s
public water system and recommend through the City Manager to
the Council rate and fee adjustments.
2.
Consult with the City Manager and the Council from time to
time as may be required by the City Manager and the Council
relative to the financial needs of the City’s public water system.
3.
Sit and act as the Citizens’ Wastewater Rate Advisory
Committee. When sitting as the Citizens’ Wastewater Rate
Advisory Committee, the Committee will have duties prescribed in
section 28-58 of the City Code.
Sec. 37-104. Appointment of officers and adoption of rules.
A.
The Mayor will designate the Committee chairperson and vice-
chairperson annually by the second Monday of July of each year.
B.
The members of the Committee will adopt rules for the
administration and proper functioning of the Committee. Any rule adopted
must be consistent with the laws of the State, the Charter of the City, and
the ordinances of the City.
C.
One-half of the membership of the Committee constitutes a quorum
for conducting Committee business.
D.
The affirmative vote of a majority of the members present is
necessary to pass any proposed motion. Committee members must vote
on all issues placed before the Committee. A failure to vote or a voluntary
abstention is counted as an "aye" vote unless the member refrains from
voting as required by Section 38-503, Arizona Revised Statutes. In case of
a tie in votes on any motion, the motion is defeated.
E.
The Committee may appoint subcommittees as the Committee
deems necessary.
F.
The Council may remove a Committee member from the
Committee if the member is absent from three consecutive regular
meetings of the Committee.
G.
The Committee and its members may not incur any expense on
behalf of the City, and the City is not obligated for any expense incurred
by any member of the Committee on behalf of the Committee, unless the
expense is expressly authorized by action of the Council.
Secs. 37-105, 37-106, 37-107, 37-108, 37-109. Reserved.
Article IX. Water Conservation
Sec. 37-110. Limitations on water use for turf-related facilities.
A.
A person may not apply water from any source to a water-intensive
landscaped area in excess of the maximum annual water allotment
established by the management plan.
B.
The City may limit water deliveries to a turf-related facility to
amounts less than the maximum annual water allotment pursuant to a
drought management response procedure, as prescribed in Article X of
this Chapter.
Sec. 37-111. Limitations of water use for bodies of water.
A.
Except as provided in subsection B of this section, a person may
not use water from any source to fill or refill all or a portion of a body of
water, unless the body of water meets one of the conditions listed in
section 45-132(B), Arizona Revised Statutes.
B.
If the body of water is larger than one per cent of the net lot area
but less than 12,320 square feet and is located in an area for which the
cost of providing a non-potable water supply would be prohibitively high to
either the City or the facility owner, as determined by the Director, a
person may use water to fill or refill that body of water. For purposes of
this section, "prohibitively high" means the per acre-foot 20-year amortized
capital and operation and maintenance cost of providing non-potable
water service to the development would exceed the estimated cost of the
most expensive future water resource alternative identified in the City’s
long-range water resources plan. This determination will be based in part
on the distance and cost of extending existing and planned reclaimed
water mains and other non-potable water delivery systems to the body of
water site.
C.
A person who constructs any body of water after September 30,
1994, must comply with both of the following:
1.
When full, the body of water must contain a minimum of five
acre-feet of water per acre of surface area.
2.
The body of water must be lined or sealed with an approved
material to minimize water loss from seepage and must meet all
applicable requirements of law.
D.
A person may not use non-potable water to fill or refill a body of
water if it would result in significant adverse impacts to groundwater
quality in the area around the body of water.
E.
The developer of a body of water must design and construct the
water system to the body of water to allow for future conversion to non-
potable water supplies, if the initial supply is not non-potable water, unless
the Director determines that the body of water is in an area in which the
cost of providing a non-potable water supply within the projected life of the
body of water would be prohibitively high to the developer or the City.
F.
The City may limit water deliveries to a body of water pursuant to a
drought management response procedure, as prescribed in Article X of
this Chapter.
Sec. 37-112. Limitations on water use for watering landscaping
plants and turf-related facilities.
A.
A person must comply with the management plan when applying
water delivered by the City to water landscaping plants.
B.
A person may not apply water delivered by the City to a new turf-
related facility unless one of the following apply:
1.
The water to be applied is exclusively non-potable water or
untreated water delivered by the City.
2.
The new turf-related facility is located in an area for which
the cost of providing a non-potable or untreated water supply would
be prohibitively high to the City or the person, as determined by the
Director. For purposes of this section, “prohibitively high” means the
per acre-foot 20-year amortized capital and operation and
maintenance cost of providing non-potable or untreated water
service to the new turf-related facility would exceed the estimated
cost of the most expensive future water resource alternative
identified in the City’s long range water resources plan. The
Director will make this determination based in part on the distance
and cost of extending existing and planned reclaimed water mains
and other non-potable water delivery systems to the new turf-
related facility.
C.
A person may not apply non-potable water to a new turf-related
facility if it would result in significant adverse impacts to groundwater
quality in the area around the new turf-related facility.
D.
A person must comply with any other reasonable water
conservation and non-potable water use requirements imposed by the
Director when applying water delivered by the City to a new turf-related
facility.
E.
A developer of a new turf-related facility must design and construct
the water system to the new turf-related facility to allow for future
conversion to non-potable or untreated water supplies, if the initial supply
is not non-potable or untreated water, unless the Director determines that
the new turf-related facility is in an area in which the cost of providing a
non-potable or untreated water supply within the projected life of the turf
facility would be prohibitively high to the developer or the City.
F.
The requirements of section do not apply to any of the following:
1.
An existing turf-related facility.
2. A new turf-related facility located on shareholder lands of the
association.
3.
A new turf-related facility that is owned or operated by a
party, successor or designee who has agreed to be bound by the
provisions of an agreement entered into with the City before
September 30, 1994, requiring the use of reclaimed water and
covering the conditions of reclaimed water service.
G.
The City may limit water deliveries to a new turf-related facility
pursuant to a drought management response procedure, as prescribed in
Article X of this Chapter.
Sec. 37-113—37-114. Reserved.
Sec. 37-115. Construction and repayment of non-potable or untreated
water components.
A.
The developer of a body of water or a turf-related facility that is
required pursuant to this article to use non-potable or untreated water
supplies delivered by the City is responsible for constructing any water
treatment or delivery system components necessary for that delivery not
included in a facilities plan or master plan approved by the Council and not
included in the five-year capital improvement program approved by the
Council. The Director will determine whether a component is included in
an approved plan and in the approved capital improvement program as of
the date the developer applies for a necessary City permit for the
development of the body of water or turf facility.
B.
If the developer of a body of water or a turf-related facility is not
required by this article to use non-potable or untreated water supplies
because the facility is located in an area for which the cost of service of
that water supply is currently prohibitively high, but is located in an area
for which the City has a master plan showing extension of a non-potable
or untreated water line in the future, the developer must construct non-
potable or untreated distribution lines from the turf area or body of water to
the boundary of the development of sufficient size to allow for future use of
non-potable water for that turf facility or body of water.
C.
If to comply with this article, a developer must extend a City non-
potable or untreated water main in order to serve a development or
project, the City may enter into an agreement with the developer that
addresses the delivery and use of non-potable or untreated water. The
City may require the developer to construct a pipeline of a diameter larger
than that needed to serve the development’s projected peak day demand
if the larger pipeline is included in a facilities plan or master plan approved
by the Council, but is not yet in the five-year capital improvement program
approved by the Council. If required to construct a larger pipeline, the
developer’s nonrefundable cost is limited to the amount required to
construct a non-potable or untreated water main of sufficient capacity to
serve the development’s projected peak day demand. The City will collect
connection charges from other developers connecting to the main and will
repay those amounts to the developer using the repayment program
procedure generally described in section 37-35. The City will assess the
original developer a charge of $100 for the administration of each
repayment agreement.
D.
Any developer that connects to a non-potable or untreated water
main constructed by the City or approved by the Council in a planned five-
year capital improvement plan shall pay a proportionate share of the City’s
cost for the main based on a percentage of the developer’s maximum
peak day demand from the water main to the maximum peak day delivery
capacity of the water main constructed by the City. If the water main is not
yet constructed, but in the City’s five-year capital improvement program,
the developer must enter into an agreement with the City to pay the
developer’s proportionate share before the date of application for the
permit specified in subsection A of this section.
Sec. 37-116. Non-potable water use requirements for existing bodies
of water and existing turf-related facilities.
A.
The Director may require a body of water or turf-related facility to
convert to use of non-potable or untreated water if all of the following
apply:
1.
The body of water or turf-related facility was constructed
after September 30, 1994.
2.
The body of water or turf-related facility is not using water
from the Salt River Project pursuant to a decreed and appropriative
right appurtenant to the land on which the body of water or turf-
related facility is located.
3.
The body of water or turf-related facility when constructed
was not required by this article to use non-potable or untreated
water.
4.
The City provides non-potable or untreated water to the point
of service delivery for the body of water or turf-related facility.
B.
The owner of the body of water or turf-related facility must pay for
all cost of construction beyond the point of service delivery for the non-
potable or untreated water delivery system or modifying the existing water
delivery system, including metering, installation and tap charges.
C.
The owner must begin using non-potable or untreated water within
five years of the date of receipt of a written notice from the Director that a
non-potable or untreated water supply will be made available at the point
of service delivery.
Sec. 37-117. Responsibility of facilities using untreated and non-
potable water to secure necessary permits.
Developers of bodies of water or turf facilities required to use non-potable
or untreated water supplies pursuant to this article must apply for and
obtain all applicable federal, state and local permits necessary for use of
the non-potable or untreated water.
Sec. 37-118—37-119. Reserved.
Sec. 37-120. Additional remedies.
A.
A person who violates any provision of this article, in addition to any
other sanction authorized by this Chapter, is subject to a civil sanction of
not more than the following amounts:
1. Two hundred per cent of the charges for water used in violation
of this article, if the violation is the person’s first violation of this
article and the violation continued for less than one year.
2. Five hundred per cent of the charges for water used in violation
of this article, if the violation is the person’s second violation of this
article or if the violation continued for more than one year but less
than two years.
3. One thousand per cent of the charges for water used in
violation of this article, if the violation is the person’s third violation
of this article or if the violation continued for more than two years
but less than three years.
4. Two thousand per cent of the charges for water used in
violation of this article, if the violation is the person’s fourth or more
violation of this article or if the violation continued for more than
three years.
B.
If, as a result of a person’s violation of this article or state law, the
City is assessed a civil penalty or is ordered to take remedial action by
DWR, the person must pay to the City the amount of the civil penalty,
along with all costs and expenses incurred by the City due to the person’s
violation.
Article X. Drought Management Response Procedure
Sec. 37-121. Scope.
A drought management response procedure is established for the City
and its water service area for implementation during a declared water
shortage. The drought management response procedure includes the
provisions of this article, rules and guidelines adopted pursuant to this
article, and the drought management plan.
Sec. 37-122. Declaration of policy.
The waste or unreasonable use of water must be prevented during times
of drought and water system or supply interruptions to ensure the general
public welfare and safety. Therefore, the drought management response
procedure is adopted.
Sec. 37-123. Authorization.
The Director shall implement the drought management response
procedure on the Director’s determination, pursuant to the standards
stated in this article, that implementation is necessary to protect the public
welfare and safety.
Sec. 37-124. Application.
The provisions of this article apply to all persons, customers and property
served by the Department.
Sec. 37-125. Water Use Reduction Stages; Violations
A.
No person may knowingly use or permit the use of water from the
City in violation of the drought management response procedure.
B.
The Director will promulgate a drought management plan that sets
out criteria, consistent with this article, for determining when and where
particular regulations within a water use reduction stage are to be
implemented and terminated. The Director will update the drought
management plan when, in the opinion of the Director, the conditions of
the public water system have changed and necessitate an update. The
drought management plan will be available to the public at the City Clerk’s
office, the Department administrative offices, and on the City’s website.
C.
If there is a violation of the drought management response
procedure, the Director may take actions, including mandatory measures
up to and including disconnection of service, and other enforcement
actions as necessary to ensure compliance with the drought management
response procedure. The Department will provide notice of the violation to
the customer for the service where the violation occurred electronically or
by placing a notice on the property where the violation occurred. The
Department will provide a duplicate notice by United States mail to any
other person known to the Department to be responsible for the violation
or its correction. The notice will describe the violation and order the action
corrected, ceased, or abated immediately or within a time specified by the
Department. If the order is not complied with, the Department may
immediately terminate the service where the violation occurred. If a
service is terminated, the Department will assess and collect a fee, in an
amount to be determined by the Director, before service is restored. The
fee will be in addition to other fees or charges imposed by this Chapter for
termination or reconnection of service.
D.
If a second violation occurs at the same property or is committed by
the same responsible party, the Department may immediately physically
disconnect service at the location of the violation. Service will not be
reconnected unless a device supplied by the Department that restricts the
flow of water to the service is installed. The Director may impose an
additional fee, in addition to other fees or charges imposed by this section
and Chapter, for the disconnection and reconnection of service.
Sec. 37-126. Stage 1—Water Alert
A.
The Director may declare a Stage 1 Water Alert when an
insufficient water supply appears likely due to water system or supply
limitations or structural failure, or when a catastrophic incident threatens
the existing water supply or water delivery system. The declaration may
designate the entire City service area or a portion of the service area, if
the shortage is not system-wide.
B.
On publication of a declaration by the Director of a Stage 1 Water
Alert, the Department will implement the drought management plan. The
water alert will trigger an intensive public education and information
program to assist all customers impacted by the shortage to understand
the state of the emergency and the need for voluntary compliance. City
personnel will direct resources to enforce all existing City codes that
impact water use.
C.
The Director may terminate the Stage 1 Water Alert when the
Director determines that the conditions on which the Director declared the
Stage 1 Water Alert no longer exist.
Sec. 37-127. Stage 2—Water Warning.
A.
The Director may declare a Stage 2 Water Warning when an
insufficient water supply occurs due to water system or supply limitations
or structural failure, or when a catastrophic incident limits the existing
water supply or water delivery system. The declaration may designate the
entire City service area or a portion of the service area, if the shortage is
not system-wide.
B.
On publication of a declaration by the Director of a Stage 2 Water
Warning, elements of a Stage 2 Water Warning prescribed in the drought
management plan may become mandatory and be enforced, as
determined necessary by the Director. The elements may include, in
addition to any other remedy available in this Chapter, surcharges
authorized by this Chapter.
C.
The Director may terminate the Stage 2 Water Warning when the
Director determines that the conditions on which the Director declared the
Stage 2 Water Warning no longer exist.
Sec. 37-128. Stage 3—Water Emergency.
A.
The Director may declare a Stage 3 Water Emergency when
additional reductions in deliveries or other system constraints will occur to
a level such that Stage 2 water use reduction measures will be insufficient
to ensure water demands are met in the service area. The declaration
may designate the entire City service area or a portion of the service area,
if the shortage is not system-wide.
B.
On publication of a declaration by the Director of a Stage 3 Water
Emergency, the Department will implement mandatory water use
reduction programs, and the Director will recalculate the surcharge, and
the surcharges will be applied to meet the increased regulation and
enforcement expenses of this article.
C.
The Director may terminate the Stage 3 Water Emergency when
the Director determines that the conditions on which the Director declared
the Stage 3 Water Emergency no longer exist.
Sec. 37-129. Stage 4—Water Crisis.
A.
The Director may declare a Stage 4 Water Crisis when additional
reductions in deliveries or other system constraints will occur to a level
such that Stage 3 emergency supply and water use reduction measures
will be insufficient to ensure water demands are met in the service area
and additional measures are necessary to protect human health and
safety. The declaration may designate the entire City service area or a
portion of the service area, if the shortage is not system-wide.
B.
On publication of a declaration by the Director of a Stage 4 Water
Crisis, the Director may impose a surcharge for water service sufficient to
reduce water demand to match available supplies. All monies collected
from surcharges in excess of replacement of revenues lost through
drought-induced demand reduction and use programs will be used
consistent with this article.
C.
The Director may terminate the Stage 4 Water Crisis when the
Director determines that the conditions on which the Director declared the
Stage 4 Water Crisis no longer exist.
Sec. 37-130. Water use reduction implementation.
A.
The Director, in consultation with the City Manager, will declare a
stage of water use reduction by public declaration and will publish the
declaration a minimum of one time in a daily newspaper or a weekly
publication of general circulation. The declaration may include water-use
restrictions and other measures ordered by the Director as allowed by this
article or the drought management plan. Applicable restrictions take effect
and are enforceable on publication of the announcement; except that
restrictions due to water treatment or delivery system failure, or
unforeseen sudden increases in demand for water, are enforceable
immediately following the filing of intent with the office of the City Clerk. All
declarations will also be publicly available on the City’s website.
B.
Termination of a stage of water use reduction will be effective on
publication of notice of termination in a daily newspaper or weekly
publication of general circulation. The notice of termination of a stage of
water use reduction will also be publicly available on the City’s website.
Sec. 37-130.1. Surcharges, fees, penalties, and variances.
A.
The assessment of surcharges, fees, and penalties is an exercise
of the City’s regulatory and police powers, and monies collected from
reconnection fees, penalties, and surcharges are not rates for production
of water revenue. Monies collected from surcharges will be placed in a
special fund. The fund will be used for furthering the purposes of this
article including meeting the expenses of enforcement of this article,
providing demand reduction assistance to customers, meeting demand
reduction-induced cash shortfalls, or augmenting water supplies.
B.
The Director may, in writing, grant variances to persons who apply,
on forms supplied by the Department, for water uses not in compliance
with the drought management response procedure or for relief of the
drought surcharge. The Director may grant a variance if the water use is
necessary to prevent an emergency condition relating to health, safety, or
extreme economic hardship; is essential to governmental services such as
police, fire, and similar emergency services; or is for customers who have
made every reasonable effort to reduce water use. The Director may
consider the applicant’s efforts to conserve water before onset of drought
conditions in granting a variance.
Article XI. Water Environmental Charge
Sec. 37-131. Definitions.
In this article:
Advanced water treatment means programs and processes required to
meet the 1987 amendments to the Safe Drinking Water Act, the National
Pollutant Discharge Elimination System (NPDES) permit and any
subsequent amendment to the Safe Drinking Water Act or NPDES permit.
These processes may include used water recovery, corrosion control,
reduction of disinfectant byproducts, well head treatment or down-hole
modifications, granular activated carbon treatment, water quality testing
and monitoring and other similar programs as deemed appropriate by the
Director.
Corrosion control (lead and copper) means programs implemented to
reduce lead and copper in the water system and at the customer’s tap.
Disinfectant byproducts reduction means programs required to reduce
disinfection byproducts that are produced when natural organics in the
water interact with disinfectants. The Safe Drinking Water Act amendment
regulates the level of disinfectant byproducts in treated water.
Granular activated carbon treatment means a process in which nonvolatile
and semivolatile organic compounds are removed through absorption on
the surface of carbon particles.
Used water recovery means a process required for the treatment of waste
streams produced by water treatment plants and residual solids handling
to meet water quality standards for discharge to receiving waters.
Water quality programs means programs required by the 1987
amendments to the Safe Drinking Water Act and any subsequent
amendments, such as water quality testing and monitoring and customer
education.
Well head treatment or down-hole modification means treatment
processes to remove contaminants from groundwater at the well head or
structural modification to seal wells at the level that contaminants are
occurring.
Sec. 37-132. Purpose of water environmental charge.
The purpose of the charge imposed by this article is to identify and to
ensure recovery of the cost of advanced water treatment.
Sec. 37-133. Water environmental rate.
A. In addition to other rates and charges prescribed in this Chapter,
the Department will charge monthly the following water environmental
rates for customers receiving the City water service located within the City
or the Town of Paradise Valley:
Environmental Rate
1. Residential Users:
Single-
family
residence,
rate per
100 cubic
feet
$0.620
Multi-family residence:
Trailer
courts
and all
other
multiple-
family
uses, rate
per 100
cubic feet
$0.620
2. Commercial Users:
All
commercial
categories,
rate per
100 cubic
feet
$0.620
3. Industrial Users:
All
industrial
categories,
rate per
100 cubic
feet
$0.620
B.
The Department will charge monthly customers serviced directly by
the City located outside the City’s limits, except the Town of Paradise
Valley, a water environmental rate in the amount of one and one-half
times the water environmental rate for the same classification of service
inside the City.
Sec. 37-134. Payment of bills and charges.
The Department will charge all water service accounts the monthly water
environmental rate on the monthly utility bill, and the Department will state
the water environmental rate separately on the utility bill.
Sec. 37-135. Utilization of water environmental charge revenues.
A.
The City will maintain financial records to ensure use of water
environmental charge revenues pursuant to this section.
B.
The water environmental charge revenues may be used for any of
the following:
1.
Operations, maintenance and replacement costs for
advanced water treatment.
2.
Water quality programs required by the 1987 amendments to
the Safe Drinking Water Act, and any subsequent amendments to
the Safe Drinking Water Act, such as treatment plant laboratory
analysis and monitoring.
3.
Debt service, direct capital costs, and in lieu of property tax
payments incurred for facilities necessary for advanced water
treatment.
4.
Administrative functions that directly support advanced water
treatment. Administrative functions include Department and division
indirect costs, central service costs from other City departments,
and computer billing implementation costs.
Sec. 37-136—37-140. Reserved.
Article XII. Backflow Prevention
Sec. 37-141. Declaration of policy; authorization.
Danger to the public health, safety, and welfare resulting from
contamination or pollution of the public potable water supply system
requires that measures be adopted to protect that system by authorizing
City officials to do all of the following:
1.
Protect the public potable water supply from the possibility of
contamination or pollution by preventing the backflow of
contaminants or pollutants into the public potable water supply
system.
2. Promote the awareness and elimination of cross
connections, actual or potential, of a customer’s internal potable
water system with the public potable water supply system.
3. Provide for a continuing program of backflow prevention
control that will prevent the contamination or pollution of the public
potable water supply system.
4. Provide for the monitoring and enforcement of a continuing
program of backflow prevention that will prevent the contamination
or pollution of the public potable water supply.
5. Comply with R18-4-215, Arizona Administrative Code,
“Backflow Prevention," effective August 30, 2008. One copy of R18-
4-215 will be on file with the City Clerk and the Planning and
Development Department.
Sec. 37-142. Cross connections from or to source of water supply
other than that of City.
No person may cause a connection to be made or allow a connection to
exist for any purpose between the City water supply and any other source
of water without the approval of the Director.
Sec. 37-143. Responsibility for backflow prevention control.
A.
Director. The Director will protect the public water supply by
applying the remedies and enforcement provisions set forth in this article.
B. Planning and Development Director responsibilities. The Planning
and Development Director will enforce all of the following:
1. The Planning and Development Director will administer and
enforce all applicable cross connection control provisions of the
Phoenix Plumbing Code, including issuance of permits for all
required backflow prevention assemblies.
2. The Planning and Development Director will determine
whether a facility is a listed facility or activity in section 37-144 and
therefore requires backflow protection. This responsibility includes
inspection as necessary of all existing facilities connected to the
City water system.
3. The Planning and Development Director will, as a condition
of issuance of any building permit, require installation of appropriate
backflow prevention as required by section 37-144 and the Phoenix
Plumbing Code.
4. The Planning and Development Director will determine the
type and location of all backflow prevention assemblies in
accordance with this Chapter and all other codes and ordinances of
the City.
5. The Planning and Development Director will keep adequate
records of each test of an approved backflow prevention assembly
and any subsequent maintenance or repair thereof.
C. Customer responsibilities. A customer shall prevent pollutants or
contaminants from entering the customer’s water system and the public
potable water system. The customer’s responsibility is for the customer’s
water system, which starts at the point of service delivery from the public
potable water system and includes all water piping systems. The customer
shall properly locate, install, test and maintain each backflow prevention
assembly in good working condition and shall provide the necessary
inspections to assure that the assembly is operating properly. In addition,
the customer must comply with all of the following:
1. The customer shall obtain a permit from the Planning and
Development Department for the installation of any backflow
prevention assembly or for the modification of any plumbing
system.
2. The customer shall test all backflow prevention assemblies
at least once a year except that the Planning and Development
Director may require more frequent testing. As to fire lines or fire
sprinkler systems with backflow prevention assemblies, the initial
and annual test must be performed by a certified tester who is also
permitted by the City Fire Marshal to test fire lines or fire sprinkler
systems. The initial and annual test must include a full flow test.
The customer shall test and submit all testing results to the
Planning and Development Director. If the test reveals the
assembly to be defective or in unsatisfactory operating condition,
the customer shall perform to the satisfaction of the Planning and
Development Director all repairs or replacement so that the
assembly is in satisfactory operating condition.
3. If the Director, the Planning and Development Director, or
customer becomes aware during the period between annual tests
that an assembly is defective or in unsatisfactory operating
condition, the customer shall perform to the satisfaction of the
Planning and Development Director all repairs, replacement and
any retesting so that the customer has an assembly in satisfactory
operating condition.
4. Assembly testing must be performed by a certified tester.
Testing requirements must be in accordance with the procedures
outlined in the most recent edition of the University of Southern
California Manual of Cross-Connection Control ("USC manual").
Copies of the most recent USC manual will be on file with the City
Clerk and the Planning and Development Department.
Assembly repair must be performed by a certified repairer in
accordance with the procedures outlined in the most recent edition
of the American Society of Sanitary Engineering (ASSE) Series
5000 Cross-Connection Control Professional Standard #5130.
Copies of the most recent ASSE Standard will be on file with the
City Clerk and the Planning and Development Department
5. The customer shall submit copies of testing records
pertaining to assemblies, on forms approved by the Planning and
Development Director, by the date specified by the Planning and
Development Director. The customer must retain all records for a
minimum of three years from the date that a copy of the record was
provided to the Planning and Development Director.
6. The customer shall install backflow prevention assemblies,
at the customer’s expense, in compliance with the standards and
specifications adopted by the City.
7. In the event the customer’s or the public water system is
contaminated or polluted due to a cross connection or other cause,
the customer shall, on discovery of the contamination or pollution,
promptly notify the Director and the Maricopa County Health
Authority.
D.
For the purposes of this article, “customer” means any person that
has physical control, authority or responsibility for a water system that
receives water service from the City public water system.
Sec. 37-144. Backflow prevention methods.
A.
Approved backflow prevention method. Unless otherwise
specifically designated by the Director, an approved backflow prevention
method shall be one of the following types:
1. Air gap: An unobstructed vertical distance through the free
atmosphere between the opening of any pipe or faucet supplying
potable water to a tank, plumbing fixture or other device and the
flood level rim of said tank, plumbing fixture or other device. An
approved air gap must be at least double the diameter of the supply
pipe or faucet and in no case less than one inch.
2. Reduced pressure principle assembly (hereafter "RP"): An
assembly containing two independently acting approved
checkvalves together with a hydraulically operating, mechanically
independent pressure differential relief valve located between the
checkvalves and at the same time below the first checkvalve. The
assembly must include properly located test cocks equipped with
brass plugs and tightly closing resilient seated shut-off valves at
each end of the assembly.
3. Pressure vacuum breaker assembly (hereafter "PVB"): An
assembly containing an independently operating, loaded
checkvalve and an independently operating, loaded air inlet valve
located on the discharge side of the checkvalve. The assembly
must be equipped with properly located test cocks fitted with brass
plugs and tightly closing resilient seated shut-off valves located at
each end of the assembly.
4. Double checkvalve assembly (hereafter "DC"): An assembly
composed of two independently acting, approved checkvalves,
including tightly closing resilient seated shut-off valve at each end
of the assembly and fitted with properly located test cocks equipped
with brass plugs.
B.
Requirements for new services and existing services. An approved
backflow prevention method is required for the activities or facilities listed
in this paragraph that are connected to the public water system. The
backflow prevention method must be in accordance with that specified in
the USC manual. The location must be as close as practicable to the point
of service delivery except that the customer may request that the
approved backflow prevention method be located internally within the
activity or facility. The customer must demonstrate that the proposed
location will adequately protect the public water supply as well as satisfy
the applicable requirements of this article. For purposes of this paragraph,
the listed facilities, equipment or conditions must be as defined in the USC
manual, or if not listed in the USC manual, must be as defined in the City
of Phoenix Zoning Ordinance or Construction Code:
Industrial facilities:
1. Aircraft and missile plants (air gap or RP).
2.
Automotive plants (air gap or RP).
3.
Beverage bottling plants (air gap, RP or DC).
4.
Breweries (air gap or RP).
5.
Canneries, packing houses, reduction plants and food
processing plants (air gap or RP).
6.
Chemical plants—manufacturing, processing, compounding
or treatment (air gap or RP).
7.
Dairies and cold storage plants (air gap, RP or DC).
8.
Film laboratories (air gap or RP).
9.
Laundry and dye works (air gap or RP).
10.
Metal manufacturing, cleaning, processing and fabricating
plants (air gap, RP or DC).
11.
Oil and gas production, storage or transmission properties
(air gap or RP).
12.
Paper and paper products plants (air gap or RP).
13.
Plating plants (air gap or RP).
14.
Power plants (air gap or RP).
15.
Radioactive materials or substances—plants or facilities
handling (air gap or RP).
16.
Rubber plants—natural or synthetic (air gap or RP).
17.
Sand and gravel plants (air gap or RP).
18.
Semiconductor manufacturing facilities (air gap or RP).
19.
Sewage and storm drain facilities, reclaimed water (air gap
or RP).
Medical facilities:
20.
Research laboratories (air gap or RP).
21.
Hospitals, medical buildings, sanitariums, morgues,
mortuaries, autopsy facilities, nursing and convalescent homes and
clinics (air gap or RP).
22.
Veterinary hospital, animal research, or animal grooming
shops (air gap or RP).
23.
Medical marijuana grow facilities (air gap or RP).
Commercial and educational facilities:
24.
Buildings: Any structure having a cross connection in
violation of the Phoenix Plumbing Code or water operated sewage
pumping facilities, auxiliary water supplies or other like sources of
contamination which would create a potential hazard to the public
water system (air gap, RP or DC).
25.
Carwash facilities (air gap or RP).
26.
Motion picture studios (air gap or RP).
27.
Multi-storied buildings having booster pumps or above-
ground storage tanks (air gap, RP or DC).
28.
Multiple services—interconnected (air gap, RP or DC).
29.
Mobile home parks (RP or DC).
30.
Recreational vehicle parks (RP or DC).
31.
Schools and colleges with laboratories (air gap or RP).
32.
Retail shopping centers and strip malls; retail and industrial
shell buildings (when one service supplies more than one tenant)
(RP).
33.
Supermarkets, butcher shops, and restaurants (air gap or
RP).
34.
Retail and wholesale nurseries (air gap or RP).
35.
Equestrian properties (air gap or RP).
Portable or temporary services or equipment:
36.
Construction sites or construction water services (air gap or
RP).
37.
Mobile equipment utilizing public potable water (i.e., water
trucks, street sweepers, hydro-vacs, etc.) (air gap or RP).
38.
Portable insecticide and herbicide spray tanks (air gap or
RP).
Miscellaneous activities and equipment:
39.
Auxiliary water systems (air gap or RP).
40.
Chemically contaminated water systems (air gap or RP).
41.
Fire systems:
a.
Class 1 or 2: Backflow prevention assembly is
required. Check valve assemblies required by the Phoenix
Fire Code must be inspected, tested and maintained at least
annually to verify the valves are properly installed and
functioning. Annual flow and valve confidence tests must be
performed by a tester who is permitted by the City Fire
Marshal to test or maintain fire lines or fire sprinkler systems.
Test results, on forms approved by the City, shall be
provided to the Director and the City Fire Marshal within 30
days following the inspection. Any fire sprinkler system
which fails must be repaired as required by the Fire Code.
b.
Class 3, 4, 5, or 6 (RP).
42.
Industrial fluid systems. Any industrial fluid system
interconnected with the public water supply and containing any fluid
or solution which may be chemically, biologically or otherwise
contaminated or polluted in a form or concentration such as would
constitute a health, system, pollution or plumbing hazard if
introduced into an approved water supply (RP or DC).
43.
Irrigation systems:
a.
System using a chemical injection system (RP).
b.
System having elevated areas which are higher than
six inches below the PVB or multiple services (RP).
c.
System not subject to backpressure (PVB).
44.
Restricted, classified or other closed facilities including civil
works (air gap or RP).
45.
Solar heating systems—direct and auxiliary (RP).
Exception: Once through solar heating systems.
C.
The Planning and Development Director will determine on a case-
by-case basis backflow prevention requirements for any facility or activity
not listed in this section in order to prevent contamination or pollution of
the public potable water system.
D.
All assemblies must be accessible for testing and maintenance. A
reduced pressure principle assembly or double check valve assembly may
not be installed in a basement, meter box, pit, or vault. A pressure vacuum
breaker assembly must be installed above ground.
E.
Unless a cross connection problem is specifically identified, or as
except as otherwise provided in this article, the requirements of this article
do not apply to single-family residences used solely for residential
purposes.
F.
“Close as practicable” means the point nearest the point of service
delivery where the assembly can be installed. Where the assembly
installation location may interfere with obstacles such as driveways and
sidewalks, then “close as practicable” means the nearest point after the
obstacle, but in no event beyond the first tap.
G.
An air gap separation must be located as close as practicable to
the customer’s point of service delivery. All piping between the customer’s
connection and receiving tank must be entirely visible unless otherwise
approved by the Planning and Development Director.
Sec. 37-145. Appeals.
An action or decision concerning the determination of the Planning and
Development Director may be appealed to the Development Advisory
Board in accordance with the procedures set forth in chapter 2, article IX
of the Phoenix City Code.
Sec. 37-146. Remedies.
A.
If a customer has committed one or more of the acts contained in
subsection D below and has not taken the corrective action as required by
the Planning and Development Director, the Director may impose a civil
penalty of not more than 1000 per cent per billing period on the charges
for all water used beginning from the date the corrective action was
required and until the corrective action has been completed by the
customer.
B.
If a situation that would otherwise result in termination of water
service is not remedied within the time provided in the notice of
termination sent to the customer, the Director may install a backflow
prevention assembly at the customer’s point of service delivery and bill the
customer for all costs, together with all applicable penalties.
C.
The Director may publish in the largest daily newspaper published
in the City notice of customers who during the preceding 12-month period
were in violation of any requirement of this article. The publication will also
summarize any enforcement action taken.
D.
In addition to any other remedy available, the Director, if requested
by the Planning and Development Director, may terminate water service to
a customer, if the customer does any of the following:
1.
Fails to properly locate, install, test or maintain a required
backflow prevention assembly.
2.
Removes or bypasses a required backflow prevention
assembly without the prior approval of the Planning and
Development Director.
3.
Allows a cross connection to occur.
4.
Fails to timely submit records of tests and repairs of a
backflow prevention assembly.
5.
Fails to comply with the written policy on backflow prevention
and cross connection on file with the City Clerk and Planning and
Development Director.
6. Fails to comply with any requirements imposed on the
customer by R18-4-215, Arizona Administrative Code.
E.
Termination of water service as provided by subsection D of this
section will be immediate and without prior notice if the Director
determines that the customer’s water system may cause a health hazard
to the public potable water supply. Otherwise, the Director will give 10
days’ written notice to the service address to be terminated before
termination of water service. Water service may be restored when the
condition forming the basis for the termination has been remedied to the
satisfaction of the Planning and Development Director. The customer must
pay all costs, fees, and expenses incurred by the City, and all surcharges
and penalties relating to the termination and restoration of water service,
before the water service is restored.