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Environmental Code

TITLE 3. WATER SUPPLY SYSTEM ORDINANCE

(Adopted by the Tribe 04/27/19)

CHAPTER 1. SHORT TITLE, FINDINGS, AND PURPOSE

SECTION 1. Short Title

This Ordinance shall be known as the Tribal Water Supply System Ordinance of the Dry Creek

Rancheria Band of Pomo Indians.

SECTION 2. Findings

The Dry Creek Rancheria Board of Directors hereby finds as follows:

(A) Since time immemorial, the creek informally known as Rancheria Creek and the Russian River,

its tributary streams, the streambeds thereof and the riparian areas adjacent thereto, have been natural

resources of profound significance to the Dry Creek Rancheria Band of Pomo Indians and the Dry Creek

Rancheria Pomo people have used these resources for cultural, ceremonial, religious, fishery, seasonal

residential, and other purposes fundamental to the Tribe's way of life.

(B) The people of Dry Creek Rancheria have a primary interest in the protection, control, and

conservation of the water resources which flow into and through the Dry Creek Rancheria and the quality

of such waters must be protected to insure the health, economic, aesthetic, and cultural well-being of the

Dry Creek Rancheria Pomo People.

regulations regarding water service provisions and extensions of said water service from the Tribal water

system.

(D) Under 1988 amendments to the Clean Water Act, 33 U.S.C. §1377, Indian Tribes are entitled to

be certified by the U.S. Environmental Protection Agency as authorized to exercise exclusive jurisdiction

(Tribal primacy) over all on-Rancheria surface and ground water quality matters, including over on-

Rancheria portions of waters, such as those of the creek informally known as Rancheria Creek, that flow

through other jurisdictions.

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Title 3. Water Supply System Ordinance — Adopted by Tribe 04/27/19

SECTION 3. Purpose

The purpose of this Ordinance is to establish general rules and regulations for the provision of water

service and extension of such water service from the Tribal water system and to promote the public

health, safety, and general welfare of the users of the Tribal water system, in accordance with standards

established by the Tribe and the Federal government.

SECTION 4. Applicability

The provisions of this Ordinance shall apply to all water services provided and work performed by the

Tribe with respect to the provision of said water services.

CHAPTER 2. DEFINITIONS

Interpretation of Definitions. For the purpose of this Ordinance the following words or phrases have the

meaning set forth herein, unless the context indicates otherwise.

(A) Board means the Board of Directors of the Dry Creek Rancheria Band of Pomo Indians.

(B) Commercial services means water services to multiple dwelling units or businesses engaged in the

manufacture and/or sale of a commodity or commodities, or the rendering of a service, such as hotels,

motels, and hospitals.

to supply water for drinking purposes and any source or system containing water or any substance that

is not or cannot be approved as safe, wholesome, and potable for human consumption.

(D) Customer means all persons obtaining water service from the Tribal water system of the Dry Creek

Rancheria.

(E) Industrial services means water service connections to a business enterprise engaged in the

manufacture of products, materials, equipment, machinery, and/or supplies on a substantial or major

scale.

(F) Main means a water line designed or used to serve more than one premises.

(G) Multiple dwelling units means two or more residential units, including, but not limited to, duplexes,

apartment buildings, condominiums, mobile home parks, and trailer courts.

(H) Person means any natural person, association, firm, company, society, group, partnership, or

corporation, whether acting by themselves or through a servant, agent or employee.

(1) Plant Operations means the Plant Operations Division of the Department of Environmental Protection

of the Dry Creek Rancheria Band of Pomo Indians.

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Title 3. Water Supply System Ordinance — Adopted by Tribe 04/27/19

(J) Premises means a parcel of land and any buildings on the land, including a private home, apartment

house, condominium, trailer court, mobile home park, or group of adjacent buildings under the control

of one person with respect to use of and responsibility for payment of water provided by the Tribe to the

parcel and any buildings thereon. ,

(K) Rancheria means the site of the Dry Creek Rancheria.

(L) Residential services mean a water service connection to a family dwelling unit.

(M) Service installation, service connection, or connection means all piping’s and fittings from the main

to the customer side of the water meter assembly.

(N) System or Tribal water system means all water source and supply facilities, transmission pipelines,

storage facilities, pumping plants, distribution mains and appurtenances, vehicles, and material storage

facilities owned and operated by the Tribe.

(O) Temporary main means a main which does not conform to standards with respect to size, location,

type of material and/or method of installation.

(P) Treasurer means the Water Plant Operations Treasurer.

(Q) Tribe means the Dry Creek Rancheria Band of Pomo Indians.

(R) Water service area means that area within the boundary limits of the Dry Creek Rancheria plus those

areas that have been or may be designated for water service by the Board.

CHAPTER 3. INSPECTIONS

(A) Authorized employees of Plant Operations, properly identified, shall have access, at reasonable hours

of the day, to all parts of a premises or buildings to which water is supplied by Plant Operations, for the

purpose of assuring conformity to this Ordinance.

(B) Whenever the customer of any premises to which the Tribe provides water service fails to allow

authorized Plant Operations employees to make such necessary inspections, water service may be

refused or discontinued.

CHAPTER 4. UNLAWFUL ACTS DEFINED

(A) Any person causing damage to any property belonging to the Tribe shall be liable to the Tribe for

any and all damages resulting either directly or indirectly there from.

(B) It shall be unlawful for any person to willfully disturb, break, deface, damage or trespass upon any

property belonging to or connected with the Tribal water system, in any manner whatsoever.

rubbish within a distance of five (5) feet of, or to interfere with, the access or operation of any water

meter, gate valve, fire hydrant, or other appurtenance in use on any water service, connection, water

main, or fire protection service.

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Title 3. Water Supply System Ordinance ~ Adopted by Tribe 04/27/19

CHAPTER 5. HYDRANT--AUTHORIZED USE

It shall be unlawful for any person, other than authorized employees of the Tribe, to operate fire hydrants,

valves, and hose outlets, unless proper arrangements have been made for payment therefore and

permission has been granted by Plant Operations.

CHAPTER 6. EMERGENCY INTERRUPTION OF SERVICE

(A) In case of emergency, or whenever the public health, safety, or the equitable distribution of water so

demands, Plant Operations may change, reduce or limit the time for, or temporarily discontinue the use

of water. Water service may be temporarily interrupted for the purposes of making repairs, extension or

doing other necessary work.

(B) Before so changing, reducing, limiting or interrupting the use of water, Plant Operations shall notify,

insofar as practicable, all water consumers affected.

the Tribal water system.

CHAPTER 7. CROSS CONNECTIONS PROHIBITED

(A) The installation or maintenance of a cross connection is prohibited.

(B) Any such cross connection now existing or hereafter installed is hereby declared a nuisance and shall

be abated immediately.

this section.

CHAPTER 8. TRIBE NOT LIABLE FOR DAMAGES

The Tribe shall not be liable for damages in case the operation of the Tribe’s source of water supply or

means of distribution fails or is curtailed, suspended, interrupted or interfered with, or for any cause.

Such failure, curtailment, suspension, interruption or interference shall not be held to constitute a breach

of contract on the part of the Tribe, or in any way affect any liability for payment for water made available

or for money due on or before the date of such occurrence.

CHAPTER 9. DISCONTINUANCE OF SERVICE.

(A) Plant Operations may discontinue service by reason of a failure to pay a bill for service or the failure

to comply with the provisions of this Ordinance.

(B) Service to any premises upon which a private water supply system is used or operated contrary to

the provisions of this Ordinance may be discontinued or refused.

Discontinue Service to the customer at the address on file with the Plant Operations office. The customer

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Title 3. Water Supply System Ordinance — Adopted by Tribe 04/27/19

shall have seventy-two (72) hours from the date of the Notice of Intent to Discontinue Service in which

to comply with the Ordinance. If the customer fails to comply with the Ordinance within seventy-two

(72) hours, Plant Operations may discontinue water service to the premises.

CHAPTER 10. ADMINISTRATION

(A) Plant Operations may create such administrative policies and procedures for the efficient

implementation of this Ordinance that are not inconsistent with its provisions in order to encourage and

facilitate the use of water, pursuant to Board resolution approving the same.

(B) Plant Operations shall promulgate and enforce such customer service policies and related additional

rules as may be deemed necessary from time to time to encourage and facilitate the use of water, pursuant

to Board resolution approving the same.

CHAPTER 11. WATER SERVICE CONNECTIONS

SECTION 1. Application for service

(A) An application shall be made for all service connections, the use of fire hydrants, and work to be

performed by Plant Operations. Such application shall be on forms provided by Plant Operations.

(B) An application shall be accompanied by all fees or deposits required by this Ordinance or any

regulations promulgated hereunder.

information determined by Plant Operations to be necessary for consideration of the application for

service. All applications shall be submitted to the Board for approval.

(D) The application, when approved by the Board, shall constitute an agreement whereby the applicant

agrees to conform to the provisions of this Ordinance, as now enacted or hereafter amended and any

regulations promulgated hereunder.

(E) A change of use of the served premises will require that a new application for service be made and

approved by the Board as set forth above.

SECTION 2. Conditions applicable to all water service connections

(A) All service connections shall be metered.

(B) Each served premises must have a separate connection to a main, unless otherwise approved by Plant

Operations when a separate connection to a main is impossible or impractical.

connection, and separate service applications are required for each dwelling unit. Plant Operations may

require two or more customers served by a single service connection on the effective date of this

Ordinance to install a new service connection.

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Title 3. Water Supply System Ordinance — Adopted by Tribe 04/27/19

(D) When the premises for which service is sought does not abut a main with sufficient pressure and

capacity to provide the required flow, the application for service shall be rejected.

(E) No application for water service shall be accepted or approved for locations outside the Rancheria

water service area.

(F) The furnishing of water by a customer to a premises other than the premises approved for services

by the Board through the application process is prohibited, except during an emergency, provided that

such emergency service cannot continue for more than thirty (30) days and an application for emergency

service shall be made to Plant Operations within forty-eight (48) hours of the onset of the emergency.

(G) A request for a change in the size of service connection shall be treated as a request for a new service

installation.

(H) A change of use of the served premises requires a new service connection, unless Plant Operations

determines the existing service is adequate for the changed use

(1) All hose bibs shall have an anti-siphon device installed.

SECTION 3. Conditions applicable to all connections

(A) All water service connections shall be made by Plant Operations unless otherwise approved by the

Board. Water service connections may be installed by a Board-approved contractor during construction

of water main extensions.

(B) When buildings are replaced by new buildings, the existing water service connection shall not be

used if Plant Operations determines that such connection is not acceptable. In such instance, the customer

shall be required to install a new water service connection, in accordance with the provisions of this

Ordinance.

SECTION 4. New residential service connection fee

(A) The fee for new residential water service connections and inspections, up to and including the meter,

shall be determined by the Board.

(B) This fee shall cover the cost of tapping the Tribe’s water main for the necessary size of service,

providing and installing pipe saddle, installing the copper tubing, type “K” necessary to reach the meter

box to be installed within the right-of-way, and providing and installing a yoke, shut-off meter, and meter

box.

SECTION 5. New installation

When new water service connections are installed by Plant Operations for any premises, the valve at the

meter shall be turned to the “off? position and remain off until a “turn on” is applied for in writing by the

customer and an order issued by the Board after inspection and approval by Plant Operations.

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Title 3. Water Supply System Ordinance — Adopted by Tribe 04/27/19

CHAPTER 12. OWNERSHIP OF PERMANENT FACILITIES

(A) The ownership of all water mains, easements, and the water services from the main to the meter box

in public rights-of-way shall be solely vested in the Tribe, except for those mains which are designated

as private mains.

(B) The ownership of and responsibility for the maintenance of individual services from the meter to the

premises served shall be that of the customer of the premises served, and the Tribe shall not be liable for

any part thereof.

CHAPTER 13. CUSTOMER SERVICE PIPING SPECIFICATIONS.

Plant Operations may require a customer to install a pressure reducing valve, backflow preventive

device, pressure relief valve or similar device at any location where Plant Operations determines a need

to protect the water system. The customer shall have backflow prevention devices tested annually by a

certified Backflow Assembly Tester. The certification results shall be submitted to Plant Operations.

Failure to submit annual test results to the Plant Operations shall be grounds for discontinuing service.

CHAPTER 14. LAWN SPRINKLER SPECIFICATIONS

(A) A lawn sprinkler system connected to a domestic or commercial connection shall be equipped with

an approved backflow prevention device placed between the sprinkler stop and waste valve and the first

sprinkler outlet. The stop and waste valve and approved backflow prevention device shall be in the

sprinkler line after it branches from the water service pipe or the building plumbing.

(B) The stop and waste valve for a lawn sprinkler system shall be at the same depth as the water service

pipe; however, the lawn sprinkler system proper may be laid to a lesser depth at the option of the

customer.

also be installed.

(D) All backflow prevention devices shall be inspected and approved by an authorized Tribal employee

prior to utilization of the system.

(E) Water service may be refused on existing lawn sprinkler systems which are not equipped with a stop

and waste valve and an approved backflow prevention device.

CHAPTER 15. WATER SERVICE CHARGES

SECTION 1. Turn off--No charge

After written application or verbal request, any water service will be turned off without charge where

such “turn off can be accomplished at a time convenient to Plant Operations. Plant Operations’ monthly

base service rate will remain in effect during the turn-off period.

SECTION 2. Turn on charge

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(A) “Turn on” charges shall include expenses incurred in taking meter readings, administrative costs,

accounting fees, data processing, and overhead charges incurred in transferring or establishing a new or

existing account. The “turn on” fee shall be deemed fully earned if all or any part of the above activities

are accomplished.

(B) “Turn on” charges shall not be prorated for services started during a billing period. These charges

shall be $25.00 and may be increased from time to time in order to cover the Tribe’s costs as described

above.

for turn on, or an arrangement for payment satisfactory to Plant Operations shall be made before water

is supplied to the premises.

CHAPTER 16. TURN ON—UNAUTHORIZED

(A) It shall be a violation of this Ordinance for any person, except duly authorized employees of Plant

Operations, to “turn on” the water supply to the premises after a “turn off is made at the meter by Plant

Operations.

(B) A water service to any premises turned on by an unauthorized person, after said water supply had

been turned off by Plant Operations, may, upon discovery, be disconnected by Plant Operations from

the water main in the street, and shall not be connected again until all fees due as a result of the

disconnecting and reconnecting of such service are paid.

CHAPTER 17. TURN OFF, TURN ON—LIABILITY DISCLAIMER

The Tribe shall not be liable for any damage to persons or property resulting from a properly performed

and authorized “turn off or “turn on” of the water service, including, but not limited to, situations where

water service is left on between a change of customers occupying the premises, at the request of one of

the customers, or the services disconnected for “non-payment” or “no contract.”

CHAPTER 18. SERVICE DISCONNECTION

SECTION 1. Disconnection of service--Condemned buildings

Whenever a premises supplied with water has been found by the Board to be dangerous to human life

and/or unfit for human habitation, and notice of such findings has been provided to the customer, Plant

Operations shall cause the water service to such premises to be turned off. Water service to such premises

shall not be restored until the customer has secured a release or clearance from the Board indicating that

the premises is safe and fit for human habitation.

SECTION 2. Shut Off for Non-Payment/Re-Instatement of Water Service

All charges for water service shall be payable to the Dry Creek Rancheria POD and shall be due on the

tenth day of the month. If the payment is not received by the Plant Operations Division on or before the

tenth day of the month in which the bill is due, a notice will be sent to the operator stating that water to

the premises may be turned off without notice. If water services is cancelled, it will not be re-instated to

the premises until the customer pays all outstanding balances plus a re-instatement charge, unless other

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Title 3. Water Supply System Ordinance — Adopted by Tribe 04/27/19

acceptable arrangements are made. Failure to receive a bill for water services shall not be an excuse for

non-payment; if a customer does not receive a billing statement, it is the customer's obligation to contact

the Plant Operations Division to determine the amount owing for that month and pays the bill as provided

in this section.

SECTION 3. Notice of Intent to Terminate Service

A customer must give one-week written notice to the Plant Operations Division of his or her intent to

terminate water service to the premises. Water service to the premises can be resumed upon payment of

a turn-on charge.

CHAPTER 19. METERS

SECTION 1. Customer and installation

All meters installed on water service connections shall! be and remain the property of the Tribe and shall

be removed only by authorized Tribal employees.

SECTION 2. Exchange and reinstallation

(A) Whenever a customer desires to change the size of a meter, an application shall be made to Plant

Operations, and, upon approval, the exchange will be made at the expense of the customer, less credit

for the usable value of the meter removed.

(B) Overload Meters. Whenever demand periodically exceeds the rated capacity of a meter to the extent

that the meter may be damaged, Plant Operations shall so notify the customer. After evaluating the

customer’s requirements, Plant Operations shall advise the customer what size meter is necessary to give

proper service without damage to the meter. Plant Operations shall provide the customer with an estimate

of the cost of such change upon request of the customer, without charge. If the customer does not make

the required deposit for the installation of the larger meter within thirty (30) days after the date of the

notice, then Plant Operations may either install the proper size meter and charge the cost for such

replacement to the customer or discontinue service.

SECTION 3. Maintenance and repair

(A) Plant Operations shall maintain and repair all service meters and shall replace meters periodically,

when necessary, if rendered unserviceable by ordinary use.

(B) When replacement or repairs to any meter are made necessary by a willful act, an act of negligence

or carelessness on the part of the customer, all expenses for such replacement shall be borne by the

customer.

SECTION 4. Tests and adjustment of bill

(A) Upon request from a customer, based upon a complaint that the water bill for any period has been

excessive, Plant Operations shall re-read the meter.

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(B) If the customer requests that the meter be tested for accuracy, the customer shall deposit a service

fee in an amount prescribed by Plant Operations to cover the cost of testing the meter. If the test discloses

an error of more than three percent in favor of Plant Operations, the deposit shall be refunded to the

customer, a correct registering meter shall be installed and the customer’s account shall be credited with

the excess consumption over the average consumption for the last previous reading, unless otherwise

approved by Plant Operations. If the test discloses either no error or an error of three percent or less, the

amount deposited will be retained by Plant Operations to cover the costs of such test.

CHAPTER 20. WATER SERVICE RATES

SECTION 1. Monthly water service rates

Monthly water service rates shall be charged to all users of the Tribal water system.

SECTION 2. Service rates

(A) The monthly rates for buildings to which water service is available shall commence sixty (60) days

after such water service becomes available and final notice of such availability is given to the customer

of record, or upon connection to such water facilities, whichever occurs first.

(B) After water services have been shut off because of a delinquency in paying utility charges, service

shall not be resumed until all charges, penalties and service fees have been paid. Service fees shall

include a fee for each service trip which has been made to the premises relative to the delinquent charges

at rate established by resolution of the Board.

services due to delinquency, and the customer wishes to pay the delinquent bill and delinquency penalty

at that time, a service fee for said trip at rates established by resolution of the Board shall be assessed. If

the delinquent charges, penalty and such service fee are paid at the time, the water service shall not be

discontinued.

(D) Each single-family residence, multi-family dwelling unit, and commercial unit shall be charged a

monthly service fee at a rate established by resolution of the Board.

CHAPTER 21. SERVICE TRIP CHARGE

Whenever Plant Operations responds to a request outside of regular working hours for assistance to

investigate a deficiency in water service to any premises and it is determined that the deficiency is the

result of improper operation or maintenance of the customer’s plumbing, a charge of $35.00 will be

made to defray a portion of the cost of responding to the request. The $35 charge may be increased from

time to time as necessary.

CHAPTER 22. VIOLATION—PENALTY

Violation of any portion of this Ordinance is a misdemeanor and is subject to a penalty of not more than

$500 plus costs incurred by the Tribe relative to any violation or as otherwise provided in this Ordinance.

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Title 3. Water Supply System Ordinance — Adopted by Tribe 04/27/19

CERTIFICATION

The foregoing Water Supply System Ordinance was presented at a General Membership Meeting held

on April 27, 2019, and was approved with a quorum present and such Ordinance has not been rescinded

or amended in any way.

Cy 27-2014

Chris Wright Date

Chairman

WAGs Rye 4-21 2014

Margie Rojes Date

Secretary/Treasurer

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Title 3. Water Supply System Ordinance — Adopted by Tribe 04/27/19

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.