ARTICLE 5

SERVICE APPLICATIONS AND PERMITS

5-1       PERMIT REQUIRED; APPLICATION:  No person shall cause or permit any connection to any District facility without first obtaining a Tap Permit therefor as provided in this Article 5.  Any person who desires to obtain new service to property, or expand the water and/or sewer service to the property, within the District shall make written application therefor at the office of the District upon such forms as may be prescribed and furnished by the District.
(Cross reference:  3-6-1 Unauthorized Connection; 8-1-3 Unauthorized Connection)

5-2       APPROVAL STANDARDS; REVOCATION:

5-2-1    Approval Standards.  Upon a determination that all of the following conditions exist or have been met with respect to the application, the District shall issue its Tap Permit for the service requested:

5-2-1.1 The written application is accurate, complete, and proper as to form.
(Cross reference:  8-1-16 False Official Statement; Report; Appendix (F)  APPLICATION FOR PERMIT)
                                   
5-2-1.2 The person making application is the record owner of the property or owners agent.

5-2-1.3 All applicable fees imposed by or through the District have been paid at the time of application.
(Cross reference:  7-2 TAP FEES)

5-2-1.4 The property proposed for service is within the legal boundaries of the District.

5-2-1.5 The Main on which the Tap will be made has been accepted by the District and approved for use by all other governmental entities and agencies having jurisdiction.

5-2-1.6 The District system is adequate to serve the proposed Tap.

5-2-1.7 The Tap applied for is available under any current Tap Allocation program.
(Cross reference:  5-9 TAP ALLOCATIONS)

5-2-2    Conformity with District Standards.  Notwithstanding any other provision of these Rules and Regulations to the contrary, the District may withhold permits or approvals for service from any facilities, private or public, which do not conform to District Rules and Regulations, including incorporated provisions.

5-2-3    Revocation.  The District may revoke any Tap Permit, before or after the Tap is activated, upon a determination that the application therefor contained false or inaccurate information and, but for such misinformation, the application would have been denied when made.
(Cross reference:  3-3-1 Suspension/Termination; 8-1-16 False Official Statement; Report

5-3       EXPIRATION:  Obtaining a Tap Permit from the District does not obligate the Property Owner to activate the Tap, but such Permit shall expire and be of no further force or effect if the Tap is not activated within 24 months from the date issued.  The Tap Fee is not refundable, but the amount of the Fee so paid will be applied toward applicable fees if the Property Owner re-applies for the Tap, under the then current schedule of Tap Fees.

5-3-1    If, after the 24 month activation period, the tap is not activated but the property owner wishes to continue ownership of the tap; owner will be billed on a monthly basis an amount equal to 25% of the property’s estimated water and sewer  service fees.  The fees are due and payable until such time as property owner activates the tap or gives up ownership of the tap.  Estimated service fees paid are not refundable if tap is not activated.  IF estimated service fees are not paid tap fees paid are forfeit.

 
5-4       NON-TRANSFERABILITY OF TAP PERMIT OR TAP FEE:  Each Tap Permit applies only to the premises identified thereon, and is not deemed in any sense to be real or personal property. No Tap Permit or Tap Fee may be transferred from one premises to another without the approval of the District, but a Tap Permit and Tap Fee shall be deemed to follow any transfer or sale of the fee ownership of the Permitted Premises.

5-5       MULTIPLE USE OF TAP PROHIBITED:  Not more than one separately described parcel of land shall be served by any single Tap, but this provision shall not be construed to require owners of separate condominium units within any one building or group of buildings in the same condominium development to obtain their own separate Taps if the Tap for the entire building or project is of adequate size and is in the name of the owners' association. 
(Cross Reference:  3-6-1 Unauthorized Connection).

5-6       INSTALLATION STANDARDS:  The Owner or Developer shall make the Tap at its sole cost, subject to all requirements of Parts B and C of Article 9, and subject further to the following:

5-6-1    Inspection.  No Tap shall be activated until the service line has been inspected and approved by the District.  Property Owner shall notify the District not less than 48 hours before activating the service, and shall set a time for the District's inspection thereof.
(Cross reference:  9B-1-6 Inspections)

5-6-2    Record Drawing.  The Owner or Developer will make and keep a record drawing on electronic media compatible with the District records showing the location of the Tap and the service line and provide such to the District on acceptance of installation.
(Cross reference:  2-27 RECORD DRAWINGS)

5-7       TAP SIZING: The number of Single Family Equivalents associated with the Tap shall be determined in accordance with the procedure set forth in Appendix A hereto.  Any increase in the number of SFE of the Tap shall obligate Property Owner to pay an additional Tap Fee to the District for the increase in size, based upon current Tap Fees at the time.  No adjustment will be made for a decrease in the size of any Tap.
(Cross reference:  7-2 TAP FEES)

5-8       VOLUNTARY DISCONNECTION/ABANDONMENT:  Any Property Owner desiring to have water or sewer service permanently disconnected shall notify the District a minimum of 48 hours in advance of the date of disconnection.  Property Owner shall, at his sole cost, uncover the Service Line at the location determined by the District and install a plug.  If a water or sewer tap is abandoned, the District shall cause a plug to be installed, thereby effecting a permanent disconnection.  Disconnection of service by this means shall not be deemed completed until the District has inspected and approved the plug.  All work done pursuant to this Section shall be at the Property Owner's sole cost, subject to the provisions of Part B, Article 9 below.  From and after the effective date of disconnection, the District shall not assess any service charges for the property so disconnected, but this shall not relieve the property from liability for taxes, or limit the District's right to levy taxes against the property.  Any reinstatement of a service disconnected pursuant to this Section shall be treated as an application for new service, and no credit shall be allowed for any Tap Fee previously paid.

5-9       TAP ALLOCATIONS:  The issuance of taps may be restricted from time to time due to limited availability.  During any period of such restrictions, taps shall be allocated and sold within the District on a first come, first served basis.

5-10     SWIMMING POOL USE:

5-10-1  General Conditions.  The District may impose such reasonable restrictions as to frequency, times, volume and rate of swimming pool discharge as may be appropriate to reduce the risk of surcharge or other potential problems in the District System which may result from the entry of Swimming Pool Discharge into the District System.
(Cross reference:  3-6-2 Unauthorized Use or Discharge)

5-10-2  Mechanical Controls.  The District may further require Property Owner, at his sole cost and subject to the provisions of Part B of Article 9 below, to install such equipment as the District may reasonably prescribe Such equipment shall not be modified, altered, removed or bypassed without the express written consent of the District.
(Cross reference:  3-7-7 Tampering)

           
5-11     EXTRA-TERRITORIAL SERVICE:  Provided that services outside the District shall in no way cause any limitation of the availability of services within the District, nothing in these Rules and Regulations shall prohibit the District from providing services outside its legal boundaries under such terms and conditions as the Board may determine, subject to the limitations set forth in Section 1-10 and this Section.  All tap and service fee charges for extra-territorial services will be assessed with an additional 25% charge above current fees charged within the District.  Any such service shall be rendered only by written permit, lease or contract approved by the Board, and no oral statement and no course of dealing or action on the part of the District shall create an express or implied contract or obligation for such service.  No written permit, lease or contract, however, or the services rendered pursuant thereto, shall be construed to impose upon the District any obligation to provide other service outside of its legal boundaries, nor shall the existence of such contract or the services rendered in connection therewith constitute an offer by the District to serve outside of its boundaries generally.  A person, entity, association, corporation, municipality or quasi-municipal corporation whose sewer system or line connects with or discharges into the District System or any facility owned or operated by the District, and the situs of which is located outside the legal boundaries of the District, shall be referred to as an Outside Connector.
            (Cross reference:  1-10 SERVICE OUTSIDE THE DISTRICT)

5-12     NO JOINING OF TAPS:  Each Tap is a separate permit for use, and no user may or shall allow any Taps to be joined, interconnected or manifolded together.

5-13     INDUSTRIAL USERS:  Industrial users, as defined in the Code of Federal Regulations, are required to supply information and to submit to various inspections, testing and monitoring, as well as all other applicable federal, state and local rules and regulations pertaining to the discharge, transmission and treatment of wastewater. 

5-14     SILVER RECLAIM:  Any photo lab, photo processing facility, or other person, business, or entity doing silver reclaim shall comply with EPA rules and regulations pertaining to the silver reclaim process.  This applies to those entities doing silver reclaim as part of their "in-house" operation, as well as to all others.