“Act” or “Clean Water Act” shall mean the Federal Water Pollution Control Act.

“Applicant” means a person making an application to the District for any purpose set forth in this Code including, but not limited to, applications for water or Sewer service, Permits or other Services provided by the District.

“Approved Backflow Prevention Device” shall mean devices which have passed laboratory and filed evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the California Department of Health.

“Authorized or Duly Authorized Representative” means:

“Approved Water Supply” means any water supply whose potability is regulated by a state or Local Health Agency.

“Automatic Violation” means a violation defined by any provision in the Pinedale Ordinance Code as an Automatic Violation.

“Auxiliary Supply” means any water supply on or available to the premises other than the Approved Water Supply.

“AWWA Standard” means an official standard developed and approved by the American Water Works Association. (AWWA).

“Backflow” means a flow condition, caused by a differential in pressure that causes the flow of water or other liquids gases, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than an Approved Water Supply source. Backsiphonage is one cause of Backflow. Back pressure is the other cause.

“Board” shall mean the Board of Directors of the Pinedale County Water District.

“Building” shall mean any structure used for human habitation for a place of business, recreation or other purpose containing Sanitary Facilities.

“CFR” shall mean the Code of Federal Regulations.

“Citation” or Administrative Citation” shall mean a Civil Citation issued pursuant to this Code stating that there has been a violation of one or more provisions of the Pinedale Ordinance Code and setting the amount of the administrative penalty to be paid by the Responsible Party.

“Combined Sewer” shall mean a Sewer receiving both surface runoff and Sewage.

“Commercial Establishments” shall mean any Building used for conducting private or public wholesale or retail transactions involving the exchange of Services, commodities or financial business. Such facilities normally produce domestic Wastes, but may also contain Industrial Wastes.

“Condominium” shall mean residence sited in multiple residence unit Buildings but usually owned by different individuals. Common areas of the subdivision are owned jointly by all unit owners.

“Contamination” means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health, or which may impair the usefulness or quality of the water.

“Contractor” shall mean any Contractor licensed by the State of California to enter into contracts for and to perform the work of installing, repairing, replacing or relocating Sewers under District jurisdiction, or the Owner of private property doing Owners own residential Sewer work on Owners private property only.

“County” shall mean the County of Fresno, California.

“Cross Connection” means any physical connection between the piping system from the District Service and that of any other water supply that is not, or cannot be, approved as safe and potable for human consumption, whereby water from the unapproved source may be forced or drawn into the District Distribution Mains.

“Customer” means any person or entity applying for or receiving any service, permit or any entitlement from the District.

“Discharge” shall mean to pump, to place, to deposit, to permit, or to cause to flow or to be transported by a flow.

“District” shall mean the Pinedale County Water District located in the County of Fresno, State of California.

“District’s Counsel” shall mean an attorney appointed by the Governing Board to represent the District.

“District Engineer” or “Engineer” shall mean the Engineer appointed by and acting for the Board and shall be a Registered Professional of the State of California.

“District Inspector” or “Inspector” shall mean the Inspector acting for the Board and may be a Member of the Board, the District Engineer, an Inspector appointed by the Board, or person otherwise authorized to inspect the District’s facilities.

“Double Check Valve Assembly” means an assembly of at least two independently acting check valves including tightly closing shut off valves on each side of the check valve assembly and test cocks available for testing the water tightness of each check valve.

“Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency or other duly authorized official of said agency.

“Equivalent SFR Unit” or “ESU” shall mean the prevailing quantities of daily quantities of water received, emissions of gallonage, pounds of BOD and pounds of SS for the average single family residence (“SFR”) as stated in the Master Schedule of Fees, Charges and Penalties, or as it may be amended.”

“Garbage” shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sales of food.

“General Manager” or “Manager” means the person holding the position or acting in the capacity of General Manager of the District who shall administer and enforce the rules and regulations of the District.

“Governing Board” or “Board” shall mean the five person Board of Directors constituted under the County Water District Act (Water Code Sections 30000 et seq.) empowered as a group acting in public meetings to legislate in all matters related to the District’s jurisdiction as established by the laws of the State of California.

“Hazardous Substance” shall mean any substance which is imminently hazardous to District personnel, the public, or the environment; and includes but is not necessarily limited to: (A) any substance designated a Hazardous Substance by the Federal Water Pollution Control Act, (B) any element, compound, mixture, solution or substance designated pursuant to section 102 of the Comprehensive Environmental Response, Compensation and Liability Act, (C) any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress), (D) any toxic Pollutant listed under section 307(a) of the Federal Water Pollution Control Act, (E) any hazardous air Pollutant listed under section 112 of the Clean Air Act, and (F) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to Section 7 of the Toxic Substances Control Act.

“Health Agency” means the California Department of Health Services, or the Local Health Agency with respect to a small water system.

“Hearing Officer” means any person, persons or entity appointed by the Board of Directors or any District official designated by the Board of Directors, by resolution to preside over the Administrative Hearings provided for by this Chapter.

“Holding Tank Waste” shall mean any waste from holding tanks such as vessels, chemical toilets, industrial process detention tanks, and brine tanks and grease/sand interceptors.

“House Sewer” shall mean any Sewer or Building Drain beginning at the plumbing or drainage outlets of any Buildings and running to the property line.

“Lateral Sewer” shall mean that portion of the Building Drain within a public street, which, with the House Sewer, comprises the Side Sewer.

“Local Health Agency” means the county or city health authority.

“Main Sewer” shall mean a Public Sewer designed to accommodate more than one Lateral Sewer.

“Manager” shall mean the General Manager, or his/her/theirdesignee, of the District or the Manager’s designated representative(s) acting within the scope of the policy directives of the Governing Board of the District.

“Master Schedule of Fees, Charges and Penalties” means the Master Schedule of Fees, Charges and Penalties as established and amended, from time to time, by resolution of the Board of Directors of the Pinedale County Water District. The Master Schedule of Fees, Charges and Penalties may also be referred to herein as the “Master Schedule of Fees” or “Schedule of Fees.”

“May” and “should” are permissive.

“Mobile Home” shall mean a residence on wheels or a County or State approved “permanent foundation” which requires a special permit to be moved and usually, but not always, sited in a park or development exclusively zoned for such residences. Frequently, the spaces are rented from the owner operator of such developments which can offer community facilities such as a recreation Building, swimming pools, sauna, etc. Mobile Homes are those mobile residences with 400 square feet or more of floor space.

“Month” means a calendar month.

“Multiple Family Dwellings” shall mean Buildings such as duplexes, triplexes, apartments, etc., under a single owner, usually occupied by renters.

“Must," “will” and “shall” are each mandatory.

“Non-Residential” shall mean all uses other than as defined for Residential.

“Nuisance” shall mean anything which is injurious to health or is indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property or which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal as set forth in this Pinedale Ordinance Code or as determined by the Board.

“Official” or “Enforcement Officer” or “Public Officer” shall mean the General Manager, or his/her/theirdesignee, or any other individual or body appointed or designated by the Board of Directors or the General Manager, or his/her/theirdesignee, to enforce violations of the Pinedale County Water District Water Ordinance.

“Ordinance” or “Code” shall mean any provision of the Pinedale County Water District Water Code, Sewer Code or any other Ordinances enacted by the Board including but not limited to the Solid Waste Ordinance all of which shall mean and may be referred to as the Pinedale County Water District Ordinance Code or Code.

“Outside Sewer” shall mean a Private Sewer beyond the limits of the District, not subject to the control or jurisdiction of the District.

“Owner” means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the County Recorder’s Office, or the person in possession of the property or Buildings under claim of, or exercising acts of ownership over same for himself, or as executor, administrator, guardian or trustee of the owner. Owner may also be referred to herein as the User and vice versa.

“Permit” shall mean any written authorization required pursuant to this Code or any other rule, regulation or ordinance of the District for the installation of any Sewer Facilities connected to the Sewerage System.

“Permittee” shall mean the Person to whom the Permit was issued.

“Person” shall mean any individual, partnership, co-partnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state and local governmental entities.

“Premises” means all structures on permanent foundations used for human habitation or place of business, recreation or other purposes shall be classified as single premise.

“Private Fire Protection Service” means water Service and facilities for Building fire sprinkler system, hydrants, hose reels and other facilities installed on private property for fire protection and the water available therefore.

“Private Sewer” shall mean a Sewer which has an independent Sewage disposal system not connected with a Public Sewer and which accommodates one or more Premises.

“Public Fire Protection Service” means the Service and facilities of the entire water supply, storage and distribution system of the District, including the fire hydrants affixed thereto, and the water available for fire protection, excepting house Service Connections and appurtenances thereto.

“Public Sewer” shall mean a Sewer in a public right-of- way or easement owned, permitted or controlled by the District or any other POTW, if applicable, or any Sewer constructed by the District.

“Public Water System” means a system for the provision of piped water to the public for human consumption that has five or more Service Connections or regularly serves an average of 25 individuals daily at least 60 days out of the Year.

“Reclaimed Water” means a Waste water which, as a result of treatment, is suitable for the uses other than potable use.

“Reduced Pressure Principle Backflow Prevention Device” means a device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, a tightly closing shut off valve on each side of the check valve assembly, and equipped with necessary test cocks for testing.

“Regular Water Service” means water Service and facilities rendered for normal domestic, commercial and industrial purposes on a permanent basis and the availability of water therefor. Except as determined by the Board, no water Service shall be made available to any firm or individual unless annexed to the District, nor will water be served to anyone not being served by the District’s Sewers. If Sewer service is unavailable, the Board may provide water Service if it is agreed that Sewer service will be used when available.

“Residence, Residential or Residential Unit” shall mean a Building for occupancy by one or more persons as a permanent or temporary habitat. Normally used to refer to and known as a Single Family Residence (SFR), physically separate from any other Building, or the equivalent thereof in a Multiple Family Dwelling or other Building.

“Responsible Party” means any person who is responsible for violating the provisions of the Pinedale County Water District Ordinance Code as described in this Chapter.

“Sanitary Facilities” means such facilities, devices and systems within a Building used for or useful in collection and Discharge of Sanitary Wastewater into the Wastewater Facilities or Private Sewer, as applicable.

“Sanitary Wastewater” shall mean (1) Domestic Wastes with storm and surface water excluded; (2) Wastewater Discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office Buildings, industrial plants, or institutions; and (3) the water supply of a community after it has been used and Discharged into a Sewer.

“Schedule of Penalties” means a schedule of fines and/or penalties for violation of any of the provisions of the Pinedale Ordinance Code. The Schedule of Penalties shall be part of the Pinedale County Water District Master Schedule of Fees, Charges and Penalties.

“Secretary” shall mean that person appointed by the Board to serve as Secretary of the District.

“Service” means the furnishing of water, sewer, or any other service of the District.

“Service” or “Service Connection” means the pipe line and appurtenant facilities such as the curb stop, meter and meter box, if any, all used to extend water Service from a distribution main to premises. (the point of connection of a User’s piping to the District’s facilities) Where Services are divided at the curb or property line to serve several customers, each such branch Service shall be deemed a separate Service.

“Side sewer” shall mean the part of the horizontal piping beginning at the foundation wall of any building and terminating in the sewerage system or private sewer and include the building sewer and lateral sewer.

“Special District” shall mean a local agency as defined in Section 54725 of the Government Code of the State of California.

“State” means the State of California.

“Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this district which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

“Temporary Water Service” means water Service and facilities rendered for construction work and other uses of limited duration, and the water available therefore.

“Tenant” and “Occupant” applies to a Building or land, includes any person who occupies the whole or a part of such Building or land, whether alone or with others.

“Trailer” shall mean mobile residence normally set up in a park constructed to provide utility hookups for such dwellings. Trailers are limited to 35 feet in length by the California Motor Vehicle Code and may be towed on the public highway without a special permit. Such residences have less than 400 square feet of floor space.

“Water Connection” means the connection of a Building to the District water system.

“Water Supplier” means the person who owns or operates the Approved Water Supply system.

“Water Customer” means any person obtaining water from an Approved Water Supply system.

“Watercourse” shall mean a channel in which a flow of water occurs either continuously or intermittently.

“Waters of the State” shall mean any water, surface or underground, including saline waters within the boundaries of the State.

“Year” means a calendar year. [Ord. 2022-2 § 2, 2022.]