Before water from an existing service connection is turned on or transferred to another consumer, the party desiring service shall make application for such service and furnish to the district information about the specific use for which application is made, the post office address to which water bills shall be mailed and the location of the property, and shall state whether applicant is owner or tenant.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990)
All applicants for service or turn-on where there is or has been a preexisting service connection must investigate previous applications and service restrictions. By the application the applicant will be deemed to have acknowledged that this has been done, that he agrees to be bound thereby and that he is conversant with prior applicants and any restrictions on the service.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990)
(a) 
For any service to be activated for which an application or variance has previously been approved, the applicant must provide the district with a building permit which indicates the proposed use of the service, and such use must be consistent with the use stated on the service application or in the variance approval, or as set forth in the pipeline extension agreement or, if not consistent, the use must result in no increase in the district's historic commitment to the service.
(b) 
The district has established an off-services program to establish its commitment for certain services. Off services are: (1) services obtained prior to August 12, 1977 which have never been activated, and (2) services which have not been active since July 1, 1986. Such services, and any service for which a variance was granted before December 13, 1989 resulting in commitments for water which have never been activated, shall pay connection fees upon activation equal to the difference between the connection fees originally paid and the fees which would be due if service had been applied for at the time of activation. The term "activation" for purposes of this subsection means connection of the water service to a structure permitted to be occupied under applicable local building codes or application of the water to the purpose for which the service was sought where service was for irrigation purposes.
(c) 
Services, the meters to which are being read and billed, that have had minimal or no consumption for two or more years shall be reviewed by staff to ascertain their status. Such services shall be put to their intended use no later that January 1, 1994 or lose their entitlement to water. Such services which did not receive water budgets at the time of activation shall be given water budgets prior to the commencement of water use and pay connection fees at that time equal to the difference between the connection fee originally paid and the connection fee applicable at the time of use.
(Ord. 346 §2, 1993)
All services are granted solely for the specific use for which application was made. No substantial change in the character or increase in the amount of water use through an existing service connection shall be made except by making application therefor to the district. At the time the application is made, the district shall determine, based upon estimated annual consumption and probable peak demand, whether the existing service has a sufficient water entitlement and the meter and piping are of adequate size for the new use.
The district will review services at its discretion for substantial changes in character or increase in use:
(1) 
A substantial change in the character of water use includes but is not limited to, change from one of the following uses to another: single-family residential, multiple residential, commercial, industrial or irrigation;
(2) 
A substantial increase in the amount of water use is defined as an increase over the water entitlement for the service. A substantial increase is a five-percent increase over the amount assigned with a minimum of 0.1 acre-foot or any increase of ten acre-feet or more.
The district will permit water consumption to exceed an existing service's water entitlement so long as no building modifications have been made, there has been no expansion of landscape, and water is being used without waste. However, payment for water use in excess of a service's water entitlement in the higher rate tiers will not result in an increase in the entitlement or be deemed a credit toward connections fees necessary to purchase a larger entitlement and, in the event of the imposition of rationing, the rationed allocation will be based on the actual water entitlement and not on the demonstrated usage level.
(Ord. 176 §1, 1978; Ord. 281 §2, 1989; Ord. 314 §2, 1990; Ord. 327 §1, 1991; Ord. 340 §1, 1992; Ord. 376 §1, 1997)
The district may assign an annual water budget to all new or existing services. The water budget will be the district's determination of the actual consumption requirement of the service and will be based upon, but is not limited to, consideration of consumption history, estimated annual consumption, site audits, and area averages for similar services. The water budget may be less than or equal to, but in no cases shall exceed the water entitlement for the service.
(Ord. 327 §1, 1991)
Applicants requesting water service which requires the installation of a new service or which substantially changes the character or amount of water use of an existing service shall make written application for a new service connection and water budget on a form provided by the district and all blanks thereon shall be filled in or completed. The district shall, at its sole discretion, determine the appropriate service and meter size required based upon probable peak demand. When the proper size of service and meter for the use applied for has been determined, and the installation made, the district shall have fulfilled its obligation insofar as the installation is concerned.
(Ord. 176 §1, 1978; Ord. 281 §3, 1989; Ord. 314 §2, 1990)
All applications for service will constitute an agreement to pay for all service rendered pursuant to that application, and to be bound by all rules and regulations of the district. All applications must be signed by the person who is to be responsible for the bills. Applications may be made in person or by mail.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990)
Receipt of application is not an indication that service will be rendered. Each application will be reviewed individually by the district. After such review, the district reserves and shall have the right to grant or reject said application for any cause which will affect district welfare.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990)
"Fronting a main", as used in this chapter, means that a district owned service main is located in a district easement or public way which is immediately contiguous to the parcel to be served and that an imaginary line projected at a right angle to such main extends to or beyond the centerline of the parcel's frontage or to the centerline of the structure, whichever is farther.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990)
Pressure will be deemed adequate to serve an area or any consumer therein if there is:
(1) 
A normal operating pressure of forty pounds per square inch or greater, based on the minimum hydraulic gradient, at the highest water-using fixture within the structure or facility to be served; and
(2) 
A maximum operating pressure of eighty pounds per square inch or less, based upon static conditions within the entire system serving the area at the lowest water-using fixture within the structure or facility to be served.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990)
Pressure will be deemed low to serve an area or any consumer therein if there is less than a normal minimum operating pressure of forty pounds per square inch at the highest water-using fixture within the structure or facility to be served, based upon the minimum hydraulic gradient in the main at the service connection supplying said highest fixture or less than fifteen pounds per square inch determined in the same manner at the highest ground elevation on undeveloped property. Any service with low pressure is subject to the provisions of subsection (1) of Section 11.08.120.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990)
The pressure shall be considered excessively high for service whenever the pressure at the lowest fixture unit within the structure or facility to be served exceeds eighty pounds per square inch, based upon static conditions within the entire system serving the area. Any service with excessive pressure is subject to the provisions of subsection (2) of Section 11.08.120.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990)
(a) 
Approval of an application for a new service installation will normally be granted providing that:
(1) 
The property to be served is fronting an existing district main;
(2) 
The structure to be served is within one hundred twenty-five feet of the property line fronting the main;
(3) 
Adequate pressure is available to serve all portions of the property;
(4) 
Property to be served is not at such an elevation that either low or excessive water pressure will result;
(5) 
Such installation is in compliance with all other district rules, regulations and conditions of service.
(b) 
Applicants who cannot meet condition (1) or condition (2) of subsection (a) must arrange for a pipeline extension pursuant to Chapter 11.36 et seq.
(Ord. 176 §1, 1978; Ord. 243 §2, 1984; Ord. 314 §2, 1990)
Applications for service installations which do not comply with Section 11.08.110 will not be granted, except pursuant to a variance granted pursuant to Section 11.04.110 or as set forth in this section:
(1) 
Service to Property Located Above Service Zone—Low Pressure Application. When, in the opinion of the district, it is doubtful that satisfactory water service from district mains can be given to a property due to the elevation or location of the same, and that sufficient pressure will not be available, or that the supply of water from the existing facilities will not be adequate or constant, the district reserves the right to refuse service entirely or to require of the applicant or owner of the property a written release (duly executed before the service connection is installed) from liability for any damage or inconvenience which may occur by reason of such insufficient pressure or inadequate rate of flow of water or intermittent supply. The applicant or owner must, at his own expense, provide himself with private pipelines, storage facilities and/or pumping plant sufficient to ensure constant supply to the premises being served.
(2) 
Service to Properties Located Below Service Zone—High Pressure Application. In areas where the location of the property is such that it lies below the lower limit of the service zone or where, in the opinion of the district, the pressure will be excessively high for domestic service, the requested service may be refused in its entirety or the district may grant the application on the condition that the applicant sign a high pressure release which will in effect, release the district of any liability attributable to any damage to the consumer's property caused by such high pressure. The applicant must also furnish, install and maintain, at his own expense, a pressure reducing valve in the consumer's pipeline between the meter and first point of use. The district will assume no responsibility or liability for the proper functioning of such pressure-reducing valve.
(Ord. 176 §1, 1978; Ord. 314 §1, 1990)
(a) 
All single-family homeowners applying for a new water service will be required to pay a $75 security deposit if they previously had an unsatisfactory payment history with Marin Municipal Water District. All other single-family homeowners will not be required to pay a deposit unless they subsequently develop an unsatisfactory payment history with Marin Municipal Water District.
(b) 
All other applicants for water service are required to either establish good credit when the application is made or to post a security deposit. Good credit shall be deemed established if the applicant presents a current credit reference from another utility company (or from this district if the applicant is currently a customer and has a good payment record for the previous two years) reflecting a good payment history within thirty days of turn-on.
(c) 
If good credit cannot be established, a security deposit of $75 or an amount twice the estimated average water bill, whichever is less, shall be added to the consumer's first bill. The district may also require a $75 security deposit from any consumer who incurs two late charges within any six-month period. The district may extend the time in which security deposits must be paid up to sixty days for good cause.
(d) 
Paid security deposits shall earn simple interest of five percent per year which shall be added to the security deposit. Upon termination of the service or prompt payment for six months after payment of the security deposit and all bills rendered by the district, the security deposit and any interest earned thereon shall be credited to the consumer's account.
(Ord. 176 §1, 1978; Ord. 204 §1, 1979; Ord. 243 §3, 1984; Ord. 314 §2, 1990; Ord. 334 §1, 1992; Ord. 347 §2, 1993; Ord. 371 §3, 1996; Ord. 386 §1, 1999; Ord. 386 §1, 1999)
When a special meter reading is taken on an existing water service connection, a charge of thirty dollars will be made if the reading is taken between 8:00 a.m. to 4:30 p.m., Monday through Friday, and $80 if the reading is taken outside of these hours or on district holidays.
(Ord. 334 §2, 1992; Ord. 355 §2, 1994; Ord. 368 §2, 1995)
When an application for water service is made by a person who is liable to the district for a liquidated amount for any fees or charges provided for in this code or by virtue of a contract with the district, under a judgment held by the district, or otherwise, the application may not be granted until the entire amount thereof is paid and credit established pursuant to Section 11.08.130, if applicable.
(Ord. 176 §1, 1978; Ord. 251 §1, 1985; Ord. 314 §2, 1990)
A charge of $50 will be made, except in the event of a true emergency, both for turn-offs and turn-ons of existing water service connections and private fire taps, $100 if made outside of regular district hours (Monday—Friday 8:00 a.m. to 4:30 p.m. Pacific Standard Time). If both turn-off and turn-on are accomplished in one field trip, then only one fee will be charged. If a field trip is made to deliver a shut-off notice, the consumer's account will have a $30 trip fee added to the bill. Such turn-on, turn-off or field trip charge may be waived by the district for good cause. When a consumer's service has been terminated pursuant to Section 11.28.020, the applicable turn-on charge plus any delinquent bills must be paid to the district before service will be restored.
(Ord. 176 §1, 1978; Ord. 188 §2, 1978; Ord. 194 §3, 1979; Ord. 219 §3, 1981; Ord. 241 §2, 1984; Ord. 245 §7, 1984; Ord. 255 §2, 1985; Ord. 284 §2, 1989; Ord. 314 §2, 1990; Ord. 334 §1, 1992; Ord. 368 §2, 1995; Ord. 416 §1, 2010; Ord. 443 §9, 2019)
Upon approval of an application for a new service connection and payment by the applicant of the service installation charge and connection fees set forth in Chapter 11.56, the district will make all necessary installations. All deposits made for such charges and fees shall be credited to the parcel of land to be served, shall run with said parcel of land, and are refundable only to the owner of record of said parcel or his designee.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990)
Each application, each service and each water entitlement approved pursuant thereto runs with the parcel of land for which it is applied and/or approved and may not be transferred to any other parcel of land except in the following circumstances, after application to the district:
(1) 
When both parcels are owned by a single public agency and sufficient water will remain with the transferor parcel to serve any remaining use thereon; or
(2) 
When both parcels are adjacent and in the same ownership and sufficient water will remain with the transferor parcel to serve any remaining use consistent with zoning thereon; or
(3) 
A non-residential water entitlement purchased pursuant to Section 11.56.040 may be transferred with the concurrence of the Environmental and Engineering Services Division Manager and the General Manager to another parcel located within district boundaries provided:
(a) 
District infrastructure is in place to deliver the water at an adequate rate to the transferee parcel;
(b) 
All affected property owners and tenants of the transferor and transferee parcels enter into a written agreement allowing the water entitlement transfer;
(c) 
An adequate water entitlement remains with the transferor parcel for reasonable uses consistent with zoning thereon;
(d) 
All affected property owners and tenants agree to disclose the resulting water entitlements to existing and future tenants and prospective purchasers of both parcels; and
(e) 
The applicant pays a transfer administrative charge of $500 to the district for each transfer; or
(4) 
A non-residential water entitlement established based on historic water use meeting the requirements of subsection (3) above may be transferred to accommodate an existing use on the transferor parcel that is being relocated to the transferee parcel within district boundaries. The water available for such a transfer shall be 85% of the amount used on average between 1980 and 1988 less the amount necessary for reasonable use of the transferor parcel consistent with the zoning thereon. If there was a change in character of use between 1980 and 1988 any years after that change in character will be eliminated from a calculation of the average. Upon completion of a transfer of an entitlement based on historic water use, the water entitlement based on historic use remaining with the property shall be reduced by 15% and may be further reduced as provided in Section 11.08.180 if more water otherwise would remain with the parcel than necessary for use consistent with the parcel's zoning. Calculation of the amount necessary for use consistent with zoning which must remain with the transferor parcel shall take this 15% reduction into account.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990; Ord. 340 §1, 1992; Ord. 376 §2, 1997; Ord. 377 §3, 1997)
(A) 
All existing non-residential services have an assigned water entitlement. The water entitlement is the maximum amount of water the district is committed to supply any non-residential individual service on annual basis. For services with a service agreement entered into on or before February 28, 1989, the water entitlement was based on historic use and is the designated annual consumption (as defined below) or the FY 86/87 consumption, whichever was greater. However, if the FY 86/87 consumption exceeded the calculated consumption (as defined below), the calculated consumption was used instead of the FY 86/87 consumption. For service agreements entered into after February 28, 1989, the water entitlement is the amount of water for which connection fees have been collected based on calculated consumption.
A non-purchased water entitlement, based on historic use, is subject to (1) adjustment pursuant to Section 11.08.170 when an entitlement transfer is completed or (2) upon determination by the district that the historic use level will not be experienced again due to zoning changes, in which event the entitlement will be adjusted downward commensurate with reasonable use consistent with the parcel's zoning.
(B) 
Designated annual consumption is the average annual water use for either: (1) the period from 1981 through 1991 or (2) for any years from 1981 until February 27, 1989 if there was a change in character or increase in use; and in either case excluding the highest and lowest years and any years in which the district requested use reductions by its consumers, but if less than three years were available for calculation, then the district made its determination by calculated consumption.
(C) 
Calculated consumption is determined by weighing the data gathered from site audits, known use factors and analysis of designated annual consumption.
(D) 
Potable Residential Irrigation Services:
(1) 
Beginning on July 20, 2005 and subject to the exclusions set forth in paragraph (5) of this subsection (D), a property zoned as single-family residential, supplied by both a potable residential service connection and a potable irrigation service connection that is used for private enjoyment and is not considered to provide a public benefit (as determined by the District) shall be assigned a combined maximum water entitlement and shall receive metered service subject to, on a cumulative basis, the tiered water rate schedule applicable to a single-family residential consumer.
(2) 
Beginning on July 20, 2005 and subject to the exclusions set forth in paragraph (5) of this subsection (D), a property with a single-family dwelling and a second living unit, supplied by an individual potable service connection or separate services in addition to a potable irrigation service connection, shall be assigned a combined maximum potable water entitlement and shall receive metered service subject to, on a cumulative basis, the tiered water rate schedule applicable to a single-family residential consumer with two legal living units.
(3) 
Beginning on July 20, 2005 and subject to the exclusions set forth in paragraph (5) of this subsection (D), a potable irrigation service serving private landscaping located on an otherwise undeveloped parcel zoned single-family residential shall retain its existing entitlement, or be assigned water entitlement and tiered water rate schedule applicable to a single-family residential consumer, whichever is less.
(4) 
Section 11.08.180(D)(3) does not apply to residential potable irrigation services supplying water for landscaping that provides a public benefit and exists as a requirement of another public agency.
(5) 
As of July 20, 2005, where there is an existing potable irrigation service supplying a property zoned for either (i) a single-family residential use, or (ii) for a single-family use with a second dwelling unit, such service shall continue to maintain its existing water entitlement and be subject to the tiered water rate schedule applicable to each such service, until such time as the property is sold or transferred. Transfer of the property to a spouse, living trust where there is no change in beneficial ownership, or domestic partner of the property owner(s) shall not constitute a transfer of the property within the meaning of this section.
a. 
Definitions:
"Transfer to a spouse or domestic partner"
is defined as:
(aa) 
Transfers to a trustee for the beneficial use of a spouse or domestic partner, or the surviving spouse or domestic partner of a deceased transferor, or by a trustee of such a trust to the spouse or domestic partner of the trustor;
(bb) 
Transfers which take effect upon the death of a spouse or domestic partner;
(cc) 
Transfers to a spouse or domestic partner or former spouse or former domestic partner in connection with a property settlement agreement or decree of dissolution of a marriage or legal separation, or domestic partnership; or
(dd) 
The creation, transfer, or termination, solely between spouses or domestic partners, of any co-owner's interest.
(ee) 
The distribution of a legal entity's property to a spouse or domestic partner or former spouse or former domestic partner in exchange for the interest of such spouse in the legal entity in connection with a property settlement agreement or a decree of dissolution of a marriage or legal separation or domestic partnership.
(ff) 
Domestic partner is defined herein to be consistent with California Family Code Section 297.
"Transfer to a living trust"
is defined as: Any transfer by the trustor, or by the trustor's spouse, or by both, into a trust for so long as (aa) the transferor is the present beneficiary of the trust, or (bb) the trust is revocable; or any transfer by a trustee of such a trust described in either clause (aa) or (bb) back to the trustor; or, any creation or termination of a trust in which the trustor retains the reversion and in which the interest of others does not exceed 12 years duration.
(6) 
Notwithstanding Section 11.60.010, all customers with potable irrigation services, as described in paragraphs (1), (2), and (3) of this subsection (D), must comply with District Code Sections 11.60.040 and 11.60.050. Watering by hand shall be considered an acceptable form of irrigation for such existing landscapes. Any new landscaping must comply with District Code in effect at the time of installation and must be approved by the District prior to installation.
(7) 
The District reserves the right to allocate water, including potable water for irrigation services, as necessary for the beneficial use of its consumers. Under state law, the District has the discretion at all times, especially in times of shortage or water shortage emergencies to allocate all of the water supply as it deems necessary and appropriate. The water provided to those consumers with potable irrigation services may be reduced or eliminated at any time, when, in the discretion of the Board, it is necessary for the public health and safety to do so. Those times include, but are not limited to times of shortage or drought.
(Ord. 292 §2, 1989; Ord. 314 §2, 1990; Ord. 327 §1, 1991; Ord. 376 §3, 1997; Ord. 401 §2, 2005)