Rules and Regulations

Part 4: Rules and Regulations Governing Water Service
Part 5: Rules and Regulations Governing Use of Reclaimed Water
Part 6: Water Rates, Fees and Charges

Rules and Regulations Governing Water Service

4.01 Water Conservation Plan

4.01 (a) Pursuant to Sections 10616 through 10656 of the California Water Code and to the Department and City Council, Burbank has adopted an Urban Water Management Program which contains Burbank's water conservation measures, including metering, leak detection, public education, public information, home retrofit devices, landscape irrigation program, reuse program, rate structures, drought management plan and other programs.

4.10 Provision of Water Service

4.10 (a) BWP shall endeavor to render a dependable supply of potable water in quantities adequate to meet the reasonable needs of its Customers.

4.10 (b) BWP shall endeavor to maintain operating pressures at the service connection of not less than 25 pounds per square inch. Pressures may be lower at times of maximum demand or because of unusual elevations or other special conditions.

4.10 (c) The Customer is advised that in order to protect public water supplies, certain acts are by state law misdemeanors and in some instances punishable by imprisonment in the county jail or state prison. State law in this regard includes, but is not limited to, the following:

Section 498 Penal Code: This section includes stealing water, as well as diverting other utilities illegally and taking water after service has been disconnected and the meter sealed, including unauthorized connection to fire hydrants.

Section 488 Penal Code: This section addresses permitting willful or neglectful seepage or overflow of water on adjacent lands, public or private roads or highways.

Sections 4450 to 4457 Health and Safety Code: These sections address acts which lead to the pollution of any conduit or reservoir.

4.11 Continuity of Water Service

4.11 (a) Whenever BWP shall find it necessary for the purpose of making repairs or improvements to the water system, it has the right to suspend temporarily the delivery of water. The making of such repairs or improvements will be completed as rapidly as may be practicable and at such times as will cause the least inconvenience to Customers. BWP will attempt to provide reasonable notice to Customers of such suspension when feasible, but shall not be liable for failure to do so.

4.12 Inspection

4.12 (a) BWP shall at all times have the right of ingress and egress to the Customer's premises at any time for any purpose connected with the furnishing of water.

4.13 Damage to Property

4.13 (a) The Customer shall at his own risk and expense furnish, install and keep in good and safe condition all apparatus and appliances which may be required for receiving, controlling, applying and utilizing water furnished by BWP. BWP shall not be responsible for any loss or damage caused by the improper installation of such apparatus and appliances, negligence, want of proper care, or wrongful act of the Customer or any of his agents, employees or licensees on the part of the Customer in installing, maintaining, using, operating or interfering with any such apparatus or appliances.

4.13 (b) BWP shall not be responsible for any damage occurring on the premises served, or elsewhere, by reason of open faucets, faulty fixtures, or broken pipes on such premises when service is turned on whether or not at that time there be any responsible interested person on the premises, nor for any damage resulting from the turning off of water service.

4.13 (c) Any damage occurring to meters or other appliances of pipes owned by BWP caused by carelessness or neglect of the Customer, including any damage which may result from hot water or steam from any boiler or heater on the Customer 's premises, shall be paid for by the Customer on presentation of a bill by BWP.

4.13 (d) When any Customer or other person is determined to be the responsible party that has caused damage to a fire hydrant, fire service, blowoff or other aboveground appurtenance, BWP shall charge that party the cost of repair plus the cost of water loss computed on the basis of duration of flow and the flow rate based on the type of land use zone in which the fire hydrant is located which are stipulated as follows:

Industrial zone -- 6,000 gallons per minute

Commercial zone -- 4,500 gallons per minute

Residential zone -- 3,000 gallons per minute

4.14 Public Fire Hydrants

4.14 (a) The Chief of the Fire Department shall designate the size and location of all fire hydrants to be installed.

4.14 (b) Fire hydrants shall be installed in the parkway and/or sidewalk area adjacent to the curb. BWP will, upon request approved by the Chief of the Fire Department, change the location of fire hydrants within such strip when necessary, provided BWP is reimbursed for the cost thereof.

4.14 (c) Fire hydrants are provided for the primary purpose of extinguishing fires and shall be used only by the Fire Department or Burbank Water and Power or their authorized representatives, or such other person as may be granted a permit by BWP to take water from a fire hydrant.

4.14 (d) In all cases where BWP grants a permit to take water from a fire hydrant, the permitted Customer shall use the eddy valve on the hydrant meter assembly to regulate the delivery of water. The fire hydrant valve shall be used only as a main supply valve. A special hydrant wrench shall be used to operate the hydrant valve. Use of the fire hydrant valve for functions of an eddy valve will be sufficient cause to prohibit further use of the hydrants and the refusal to grant subsequent permits for the use of fire hydrants.

4.14 (e) A backflow assembly (type RP, see Article 4.35) may also be required for authorized fire hydrant usage.

4.14 (f) A permit to take water from a fire hydrant will specify the rate at which water from the hydrant will be sold. The charge will include the rental of a fire hydrant meter assembly and hydrant wrench.

4.14 (g) Public fire hydrants shall be installed where required and shall be paid for by the Customer and shall remain the property of BWP. Specifications for such service shall be established by BWP and shall provide for the installation of a mainline valve and fire hydrant assembly in accordance with BWP’s standards.

4.14 (h) The cost of maintaining and repairing fire hydrants shall be paid by Burbank Water and Power.

4.14 (i) A fire hydrant flow test may be requested for sprinkler system design, insurance rating, or other purposes. BWP will perform the test upon payment of the appropriate fee.

4.15 Private Fire Services

4.15 (a) Private fire services shall be installed where required and shall be paid for by the Customer and shall remain the property of BWP. BWP shall provide for the installation of an approved detector check assembly including by-pass meter in accordance with BWP standards. BWP shall maintain the detector check assembly.

The desired Private Fire Service is a vault installation located near the curb line.

An approved double check detector assembly with a by-pass meter may be installed by the Customer per Section 4.15(c) in-lieu of a detector check assembly in a vault. The double check detector assembly shall be installed, owned, maintained, and tested by the Customer and shall comply with all backflow prevention requirements of Section 4.35 of these Rules and Regulations. BWP responsibility for the fire line ends at the property line or where the customer began construction of the above ground backflow prevention assembly.

4.15 (b) The use or attempted use of water through any hydrant, sprinkler head, hose rack, or any other fire prevention device for any purpose other than directly in connection with fire protection purposes, without the prior written consent of BWP in each case, shall constitute illegal use and shall be cause for immediate discontinuance of the fire service. BWP will make no further deliveries of water through such service and BWP will not maintain the service until a suitable meter of the type and size approved by BWP is installed in place of the detector check assembly and by-pass meter. The cost and expense of the installation of such meters shall be borne by the Customer and shall be paid in advance to BWP, based on the estimate by BWP of the cost of such installation.

If the actual installation cost is more than that estimated by BWP, the Customer shall forthwith, upon demand, pay such excess. In the event the cost is less than that estimated by BWP, BWP will refund the excess to the Customer.

4.15 (c) If backflow prevention is deemed necessary by BWP for the fire service, a double check detector assembly or reduced pressure assembly with a by-pass meter shall be installed by the Customer on his property and shall comply with all backflow prevention requirements of Section 4.35.

4.16 Construction Standards

4.16 (a) All construction associated with the water system shall be done in conformance with BWP standards. Standards may be modified for the convenience of BWP on a case by case basis.

4.16 (b) All domestic metered services 3-inch and larger and all detector check assemblies shall be installed in a vault structure. Backflow prevention devices including an approved double check detector assembly or reduced pressure assembly shall be installed above grade.

4.16 (c) No meter services shall be installed in basements or parking structures.

4.20 Applications for Water Service

4.20 (a) All Applicants for water service shall have given implied consent to such conditions of pressure and service as may from time to time exist, and to hold BWP harmless from, or on account of, any damage caused by, or arising out of, low pressure or high pressure, fluctuations of pressure, or interruptions of service.

4.20 (b) It shall be the Applicant's responsibility to ascertain the pressure at his premises, install and maintain any pressure booster pumps, pressure regulators, and relief valves as required.

4.20 (c) All requests for construction water or the use of BWP facilities for other temporary purposes shall be made on an approved application form. Charges associated with supplying such connections will be prepaid by the Applicant and water consumed shall be paid for in conformance with these Rules and Regulations including the rate schedules.

4.30 Water Connections

4.30 (a) When Application is made for service to premises to which a service connection has not already been installed, upon payment of the applicable fees and charges, including a Connection Fee (for production, transmission and storage system capacity) and a Construction Fee (Hook-up) (for the installation and materials expense of the service and meter), BWP shall cause to be furnished and installed service pipe of suitable capacity as determined by the Uniform Plumbing Code from its water mains to the curb line or property line of the premises abutting upon a public street, highway, alley, lane or road along which BWP already has installed or will install water mains. No work by BWP will proceed prior to the Applicant's submittal of plans showing the proposed service location.

4.30 (b) The water service will end at the curb or property line at the option of BWP. The Customer shall be responsible for the expense of installation and maintenance of the lines on the Customer's side of the property line connecting to BWP’s service where construction of the Customer's facilities began.

4.30 (c) BWP will furnish and install and thereafter maintain all meters, pipes, equipment, and materials for the water service and title to all such meters, pipe, equipment, and materials shall remain for all time at BWP. Title and responsibility on ¾-inch through two-inch water service shall end at the outlet side of the meter. For three-inch and larger meters, at the downstream side of the outlet valve when above ground and at the outlet side of the vault in underground installations.

4.30 (d) Only duly authorized employees of BWP are allowed to connect the Customer's service or to disconnect same from BWP’s water mains.

4.30 (e) Where location of the meter box or vault on the City side of the property line is not practicable, the meter box or vault shall be located on the Customer's premises at a point adjacent to the crossing of the service pipe with the property line or such other location that may be agreed upon by BWP at its option.

4.30 (f) BWP shall not be required to install or allow to remain installed a meter which in BWP’s opinion will not accurately measure normal water flows.

4.30 (g) The water meter shall be accessible at all times for inspection, reading and testing regardless of whether the meter is in public right of way or on the Customer's premises.

4.30 (h) Water meter boxes shall not be located within 3', water vaults within 6', of driveways except at the option of BWP for its operating convenience.

4.30 (i) If BWP finds that the Customer has caused damage to the public right of way as a result of Customer's construction on his own premises, such as due to trench slope, BWP shall notify the Burbank Department of Public Works.

4.30 (j) Where static water pressure is in excess of eighty (80) pounds per square inch, or other pressure as may be stipulated by the City's adopted version of the Uniform Plumbing Code Section 1007 (b), an approved-type pressure regulator shall be installed by the Customer and the pressure reduced to eighty (80) pounds per square inch or less. BWP recommends that the pressure regulator be set for a pressure of approximately forty-five (45) pounds per square inch.

4.30 (k) All curb cocks or valves installed by BWP on the inlet side of the water meter shall be for the exclusive use of BWP and shall not be operated by anyone other than authorized employees of BWP.

4.30 (l) Each Customer's meter installation shall be provided with a suitable shut-off valve located within one foot of the meter and there shall be no tap or branch between this valve and the meter.

4.30 (m) A Customer may request that the water service and meter be changed to a larger or smaller size. A Customer requesting a change to a larger size shall pay the Construction Fee (Hook-up) associated with the larger size and shall pay the difference between the Connection Fee associated with the larger size and that of the existing size. A Customer requesting a change to a smaller size shall pay the Construction Fee associated with the smaller size.

4.30 (n) The Customer shall pay for a traffic rated vault and cover when the water service is within 3' of the driveway or any other area subject to traffic loads.

4.30 (o) Water services 2" and smaller may be relocated up to 10'- 0" laterally on property and the relocation cost shall be paid by the Customer. Relocations greater than 10'- 0" will require abandonment of the old service and installation of a new service shall be paid by the Customer.

4.30 (p) When a Customer requests a new service at a location where there is an existing main in the street available for the service, the Customer must pay the deposit and fees to place the new service in the street, and abandon an existing service from the main in the alley.

4.31 Connection to Existing Water Mains

4.31 (a) An Applicant applying for water service to a lot with no prior service, which is adjacent to a water distribution main, installed by or at direct cost to BWP according to BWP records, shall, before such application is accepted, pay to BWP a Water Distribution Main Charge. The charge shall be based on the entire footage of the lot as measured on the side adjacent to the main from which the service is to be taken.

Applicants for water service to a lot adjacent to a water main installed pursuant to Section 4.33 shall pay a prorated share of the costs based on the original installation costs.

4.31 (b) An Applicant applying for water service to a lot which may be served from an alley, where no service is available from the street, shall be required to provide stub-outs to the street to within 4 feet of the curb line. Such stub-outs shall be adequately monumented as to locationand include a detailed site plan with dimensions as to location. A site inspection will be required prior to sign-off. The Customer will also pay a Water Distribution Main Charge based on the front footage of the property on the street where the new main will eventually be constructed .

When the water service is required for fire protection, the supply line shall be designed to carry adequate fire flows from both the alley and the street sides of the system. A new fire service greater than 2-inches in size will not be connected to a 4-inch alley main.

When this occurs in a commercial/manufacturing/industrial area, and the main in the street is less than a 12" main, a Water Main Replacement Fee will be collected in addition to the deposit and fees to install the service.

4.31 (c) Where service may be provided from more than one water main fronting Applicant's property, the point of connection and meter location will be at BWP’s discretion.

4.31 (d) The Customer shall pay for the abandonment of services no longer necessary to serve the property.

4.32 Main Extensions

4.32 (a) An Applicant applying for water service where no water distribution main exists shall, before such application is accepted, pay the estimated cost of a main extension to the property to be served, based on BWP’s estimate of the costs to extend a distribution main to the Applicant's property.

4.32 (b) The Applicant shall deposit with BWP the estimated amount of the cost to BWP of extending the distribution main to provide service to the Applicant's property, including administration and overhead. Upon receipt of this deposit, BWP will proceed with the plans for the installation of the water main extension. If upon completion of the installation the actual cost is greater than the amount deposited, the Applicant shall pay the difference to BWP. If, however, the actual cost, including administration and overhead cost, is less than the estimated amount deposited the difference will be refunded by BWP. The City shall then enter into a contract with the Applicant for a refund of a portion of the money deposited as set forth in Article 4.33.

4.33 Refund Contract

4.33 (a) In the event that an Applicant is required by BWP to deposit an amount of money for water main extensions, the City will enter into a refund agreement with the Applicant for that amount of money providing for the refund of money which BWP may collect as Water Distribution Main Charges from subsequent Customers connecting to that water main.

4.33 (b) The agreement shall be in effect for a period of ten years from the date the main is placed in service after which time the City shall be released of any further obligations to make refunds to the Applicant. No interest cost shall accrue to the unpaid balance of BWP.

4.34 Mainline Replacements

4 .34 (a) BWP reserves the right to require mainline replacement if a development or redevelopment does not meet current Water System standards or would demand more mainline capacity for consumption or fire suppression than existing facilities could adequately supply. BWP shall have the sole authority for the making the determination of existing mainline capacity and the demand for capacity imputed to the development or redevelopment. The cost of any mainline replacement required to serve the development or redevelopment shall be borne entirely by the Applicant.

4.34 (b) All new water mains constructed in a residential zone will be 8-inches in diameter unless determined otherwise by BWP.

4.34 (c ) If the existing mainline is less than 8-inches in diameter in any residential zone in street rights- of-way, fronting on a proposed development or redevelopment requiring service, the mainline shall be replaced in such streets at the expense of the applicant. The replacement size shall be 8-inches in diameter. R-1 and R-2 zoning are exempt from this requirement.

4.34 (d) If the existing mainline is less than 12 inches in diameter in any Commercial, Manufacturing or Industrial Zone in street right-of-ways fronting the proposed development or redevelopment requiring service, the mainline shall be replaced in such streets at the expense of the Applicant. The minimum size shall be 12 inch diameter.

The sole exceptions shall be for frontages on streets extending into areas of lower land uses, such that future replacement mains would clearly be less than 12 inches in diameter.

4.34 (e) In lieu of replacing existing water mains, the Applicant may be required by BWP to pay an equivalent Water Main Replacement Fee if BWP determines that replacement of the mainline would not be in the best interest of the BWP at that time. The fee shall be based on 50% of the estimated cost to install 12" diameter pipe; however, in those instances where the Applicant owns the property on both sides of the street fronting the proposed future main, the Applicant shall pay 100% of the estimated cost.

4.34 (f) City government projects that are required to have mainline replacements under these Rules and Regulations shall be exempt from the Water Main Replacement Fee.

4.34 (g) If the water main fronting a new development or redevelopment has been installed , within ten years pursuant to Section 4.34 (e) above, the developer shall pay the same rate for his front footage before a new service will be installed.

BWP shall determine if the replacement main is required to be replaced at the time of development.

4.35 Backflow Prevention

4.35 (a) Should state law change or should there be a conflict between the state law and these Rules and Regulations, the state law shall govern. California Administrative Code, Title 17--Public

Health, as amended, insofar as it is applicable to the protection of the water supply of BWP is hereby incorporated herein as if set forth in full.

4.35 (b) BWP is responsible to protect the public water supply from contamination by implementation of a cross-connection control program. The program includes, but shall not be limited to, the following elements:

1.Operating rules as covered in this section of the Rules and Regulations for Water Service.

2.Plan review for all proposed service connections to evaluate the premises for potential cross connection.

3. Conducting surveys to identify water user premises where cross-connections are likely to occur.

4. Provisions for backflow protection by the water user.

5. Provision of trained staff to carry out the program.

6. Procedures for testing backflow assemblies.

7. Maintenance of records of locations, tests, repairs of backflow assemblies.

4.35 (c) No water service connection to any premises shall be installed or maintained by BWP on which there exists or there is suspected to exist, any actual or potential cross-connection between the public water supply and any other piping, fixtures, appliances, equipment, drains, or any system which might cause contamination or pollution through backflow or back-siphonage unless the water service is protected as required by state law. All applicants shall be required to pay a Plan Check Charge as set in the Burbank Fee Resolution for plan review. Single family residences shall be exempt from this charge.

4.35 (d) BWP shall evaluate the Customer's premises for the degree of potential hazard to the public water supply. The abatement of cross-connections within the Customer's premises remains, however, the responsibility of the Customer, under the administrative control of the Los Angeles County Department of Health Services.

4.35 (e) The Customer shall be responsible for providing, installing, testing and maintaining all required backflow prevention assemblies at their expense. The Customer will pay a monthly Backflow Prevention Assembly Charge for each backflow prevention assembly as set in the Burbank Fee Resolution. The Customer must provide testing by the due date of the final notice. If testing is not provided, BWP may add to the Customers water bill a Backflow Prevention Assembly Test Charge as set in the Burbank Fee Resolution. If repairs are required, the BWP will add charges for actual time and material costs incurred plus a Processing Fee as set in the Burbank fee Resolution for performing the required testing and/or repairs to the Customer's backflow prevention assembly.

4.35 (f) Any backflow prevention assembly required herein shall be a model and size approved by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California and listed on the Foundation's current list of Approved Backflow Prevention Assemblies.

4.35 (g) Backflow Prevention assemblies shall be installed in accordance with BWP Water Division Standard Plans.

1. Backflow assemblies shall be installed to provide the clearances shown on the Standard Plans to facilitate inspection and maintenance.

2. Backflow assemblies shall be installed as close to the water meter as practical, but in all cases before the first branch line.

3. Backflow assemblies shall be installed outside the structure being served. Decorative screening, walls, and/or landscaping shall be approved by the Design Review Committee.

4.35 (h) It shall be the duty of the Customer, at any premises where backflow prevention assemblies are installed, to have certified inspections and operational tests made upon installation at least once per year. In those instances where BWP deems the hazard to be great, certified inspections may be required at more frequent intervals. These inspections and tests shall be at the expense of the Customer. BWP shall notify the Customer when testing of backflow prevention assemblies is needed. The notice shall contain the date when the test must be completed and returned to the Department. These assemblies shall be repaired, overhauled or replaced at the expense of the Customer whenever said assemblies are found to be defective. Records of all tests, repairs and maintenance shall be made available to BWP.

4.35 (i) The inspection and testing of approved backflow assemblies shall be performed by a certified Backflow Prevention Assembly Tester licensed by the Los Angeles County Department of Health Services. BWP, upon request, will test backflow prevention assemblies at the rate specified in Section 6.35 (c). Testing will only be performed as staff availability allows and will not relieve the Customer of any penalties for delinquent tests or needed repairs.

4.35 (j) Service of water to any premises may be discontinued by BWP to insure the health and safety of all Customers of the public water supply,

1. if a backflow assembly is not properly installed, tested and maintained, or

2. if any defect is found in an installed backflow prevention assembly, or

3. if it is found that a backflow prevention assembly has been removed or by-passed, or

4. if unprotected cross-connection exist on the premises, or

5. if a user supervisor has not been designated (if required), or

6. if records of tests, repairs and maintenance are not provided to the Department.

Service will not be restored until such conditions or defects are corrected and any charges to BWP paid.

4.35 (k) BWP may, at its discretion, require an industrial water user to designate a user supervisor when the industrial customer's premises have a multiple piping system that conveys various types of fluids, some of which may be hazardous and where changes in the piping system are frequently made. The user supervisor shall be responsible for the avoidance of cross-connections during the installation, operation and maintenance of the Customer's pipelines and equipment.

4.35 (l) The type of backflow protection that shall be provided shall be commensurate with the degree of hazard that exists on the Customer's premises.

1. An approved air-gap separation is required for any premise where the public water supply is used to supplement a reclaimed water supply.

2. An approved air-gap separation is required or, if approved by the California Department of Health Services, an approved reduced-pressure, principle backflow prevention assembly at the service connection may be provided in lieu of an air-gap for:

a. premises where there are wastewater pumping and/or treatment plants and there is no interconnection with the potable water system. This does not include a single-family residence that has a sewage lift pump.

b. premises where reclaimed water is used and there is no interconnection with the potable water system.

c. premises were hazardous substances are handled in any manner in which the substances may enter the potable water system. This does not include a single-family residence that has a sewage lift pump.

d. premises where there is an unapproved auxiliary water supply, which is interconnected with the public water system.

e. premises where the fire system is supplied from the public water system and interconnected with an unapproved auxiliary water supply.

3. An approved reduced-pressure, principle backflow prevention assembly is required at the service connection for:

a. premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are or can be injected.

b. premises where there is an unapproved auxiliary water supply and there are no interconnections with the public water system.

c. premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connections do not exist.

d. premises where there is a repeated history of cross-connections being established or re-established.

4. An approved double-check backflow prevention assembly is required at the service connection for:

a. premises where the fire system is supplied from the public water system, except for Class 1 or Class 2 fire sprinkler systems.

b. premises where the fire system is supplied from the public water system and where either elevated storage tanks or fire pumps, which take suction from private reservoirs or tanks are used.

c. premises where the fire system is supplied from more than one fire service connection.

d. premises where multiple domestic water services are installed on the same parcel with the potential of an interconnection between the water services.

4.36 Temporary Connection

4.36 (a) Temporary connections to BWP’s water system must be in accordance with Article 4.20(c) including the requirement for application and payment of fees.

4.36 (b) Temporary connections requiring use of public fire hydrants shall be made in conformance with the provisions of Article 4.14.

4.36 (c) Temporary connections involving usage of existing meter services, such as for demolition projects, shall be made in conformance with these Rules and Regulations including the applicable fee schedules.

4.36 (d) BWP reserves the right to remove a customer from use of a fire hydrant if the use is causing a disturbance to the water system.

Fire hydrant meters shall be returned to the Water Division public counter on any work day between the 20th and 25th of each month to be read for billing purposes and to be checked for damage. In addition to all other charges, a service charge as specified in Rate Schedule WT-1 shall be made to cover the cost of obtaining a correct reading and conducting an inspection for each meter not returned for reading and inspection.

Return of the deposit is subject to the payment for water used at the applicable rate and return of the fire hydrant meter in satisfactory condition.

4.37 Special Facilities

The General Manager may establish and enforce charges and conditions for furnishing and supplying water service to any property of a character not adequately provided for in these water Rules and Regulations.

4.37 (a) Requirements. When water service is required for property at an elevation above sea level of eight hundred and ninety (890) feet or higher, payment of a Special Facilities Charge shall be required in addition to all other charges set forth in these Water Rules and Regulations before application for water service to the property can be accepted by BWP, except when the Special Facilities Charge has been paid by the previous owner of and for the same parcel of land, or when water service can be obtained from an existing water main for which there is no Special Facilities Charge outstanding.

4.37 (b) Contents. Special Facilities Charge shall include the entire cost of the facilities required, including, but not limited to:

(1) Cost of the land for reservoir, booster pumping plant, water main to the reservoir site, and access roadway to the reservoir site, cost of the reservoir, booster pumping plant, water mains and necessary equipment appurtenant thereto, and the cost of installation thereof; grading, paving, retaining walls, curbs, drainage work and structures; and other necessary works to make said water plant facilities a permanent operating water installation integrated with the water system of the City.

(2) Location, size, capacity, and other specifications for the design and construction shall be prescribed by the General Manager.

(3) All of the aforesaid land acquisitions, water plant and installations, facilities and equipment, shall be dedicated to the City as contribution of utility plant and integrated into the water system of the City.

4.37 (c) Refunds. When said Special Facilities water main extension is to be utilized to serve properties additional to that of the original applicant for whom installed, BWP shall collect a Special Facilities Charge from the owner of said additional property to be served, as a condition precedent to acceptance of the application and furnishing water service from said water main extension, and the amount so collected by BWP shall be refunded to such original applicant. Collection of the Special Facilities Charge for the purpose of making a refund to the original applicant shall be on a pro rata basis, which shall be the ratio that the frontage or area paralleling the water main for that lot or parcel of land bears to the total frontage or area of all lots or parcels of land paralleling the same water main extension as aforesaid between elevation eight hundred ninety (890) feet and one hundred (100) feet below the bottom of the reservoir(s). To ascertain frontage, when said water main extension is entirely in, on, or over a lot or parcel of land owned by an applicant for such water service, so that no other land ownership fronts on such water main extension, this customer shall bear the full cost of said water main extension.

Refunds shall be made only if, as, and when Special Facilities Charges are collected from other Customers requiring service from this water main extension within fifteen (15) years of date of payment, and not otherwise. Any charges collected subsequent to said fifteen (15) year period shall become the property of BWP.

4.37 (d) Exception. The provisions of this section do not apply to any division of land processed pursuant to the provisions of Chapter 27 (Subdivisions) of the Burbank Municipal Code.

4.37 (e) Special Facilities. Special Facilities required for specific developments may be designed and constructed by the Developer, if permitted by the General Manager. Design, plans, specifications and construction shall meet with the General Manager's approval.

4.40 Water Meters

4.40 (a) In all cases where a water meter is to be set, BWP will, insofar as is practicable, locate the meter at a point designated by the Customer.

4.40 (b) When the location of a water meter is to be changed at the Customer's 's request, the change will be made by BWP at cost, including administrative and overhead costs, prepaid by the Customer.

4.40 (c) When substitution of a smaller water meter or larger water meter is requested by a Customer, BWP shall make the substitution at cost, including administrative and overhead costs and any cost associated with abandonment of facilities, prepaid by the Customer, provided that if the substitution be for a smaller meter that the delivery of water through a smaller meter shall not exceed its rated capacity as determined by applicable water meter standards of the American Water Works Association. No monetary credit associated with the existing meter being replaced will be granted to the Customer.

4.40 (d) In the event that a Customer questions a water bill pursuant to Article 1.41 and requests a meter test, BWP shall perform the test without charge to the Customer, provided that no such test shall have been performed on that service within the twelve months immediately preceding. If a meter test has been performed on that service within the twelve months immediately preceding, the Applicant shall be required to make a deposit with BWP before it will perform the meter test. If a water meter is found to register between 98 percent and 102 percent of correct, BWP considers the meter accurate by the standards of the water industry and no adjustment to billings shall be made pursuant to Article1.41 and the deposit will be forfeited. If the meter is found to register outside of the range, the deposit will be refunded to the Customer and an adjustment made pursuant to Article 1.41.

4.40 (e) If an Applicant desires service for a hotel with restaurant facility, separate meters shall be required such that water for all restaurant purposes (except fire protection in the restaurant) is excluded from water leading to the balance of the facility. This measure is to facilitate wastewater billing.

4.41 Unmetered Water

4.41 (a) It is generally the policy of BWP to not allow unmetered usage of water in Burbank except for special uses of the City such as for extinguishing fires, sewer flushing, storm drain flushing and street sweeping.

4.41 (b) In the event a special case arises whereupon BWP accepts an application for unmetered water usage, such usage shall be carefully done to minimize wastage and shall conform with the requirements of these Rules and Regulations including payment of fees.

4.50 Water Service Disconnection

4.50 (a) The use of water on any premises which may cause water or other matter to enter or be forced into BWP’s water distribution system or if apparatus is connected to the service which may in any way be detrimental to the service rendered by BWP, to its other Customers or to the general public is prohibited and shall be considered by BWP to be a violation of the Rules and Regulations.

4.50 (b) The Customer may request that BWP turn-on or turn-off of the water service at the City valve for the purpose of making repairs or changes of Customer's plumbing. The Customer will be billed for the turn-on or turn-off according to the rate set in the Burbank Fee Resolution.

Part 5: Rules and Regulations Governing Use of Reclaimed Water

5.01 Purpose

5.01 (a) To conserve and best use the limited water resources of the City of Burbank, wastewater collected and treated by Burbank Water and Power (BWP) shall be made available for beneficial use.

5.01 (b) Allowable uses generally include landscape irrigation, agricultural irrigation, industrial process water, and construction water for dust control and compaction.

5.02 Application And Permit

5.02 (a) An application for a permit shall be made in writing, signed by the applicant, owner, or customer.

5.02 (b) The applicant for a permit must agree to comply with the requirements of all applicable Federal, State, and local statutes, ordinances, regulations, and requirements. Current requirements are available from BWP. BWP may require specific prior approval of any permit by any Federal, State, or local agency having jurisdiction over or an interest in the operation of the facilities covered by such permit.

5.02 (c) Upon receipt of an application, the Water System Manager shall review the application and make such investigation relating thereto as necessary. The Water System Manager may prescribe requirements in writing to the applicant as to the facilities necessary to be constructed, the manner of connection, the financial requirements, and the use of the service, including the availability of adequate on-site reclaimed water facilities to insure initial and future continued compliance with the Department's regulations and any other applicable requirements.

The Water System Manager shall issue a reclaimed water permit upon approval of an application for reclaimed water service. The permit shall entitle the applicant to receive reclaimed water service upon the terms and conditions of the Rules and Regulations. The permit shall include the following:

(i) Name and Address of Applicant.

(ii) A drawing of the proposed system showing the location and size of all valves, pipes, outlets, pumps, tanks, and appurtenances.

(iii) A statement that no changes in the proposed system will be undertaken without application and approval of an amended permit.

5.03 Service Line

5.03 (a) Size, Location, and Installation of Service Line. BWP reserves the right to determine the size of the service lines, the service connections, the meters, and shall also have the right to determine the kind and size of backflow protection devices for potable water service. The service lines shall be installed to the property line of the customer's property, abutting the public street or easement of the reclaimed water main.

(i) BWP reserves the right to limit the area of land to be supplied by one service connection to one ownership. A service connection shall not be used to supply adjoining property of a different owner. A homeowners association responsible for maintaining common area landscaping shall be considered one owner.

(ii) When property provided with a service connection is subdivided, such connection shall be considered as serving the lot or parcel of land that it directly or first enters. Additional mains and/or reclaimed water service lines will be required for all subdivided areas in accordance with the Rules and Regulations.

(iii) All reclaimed water used on any premises must first pass through a meter. Customers shall be held responsible and charged for all reclaimed water passing through their meter(s).

(iv) Every reclaimed water service line installed by BWP shall be equipped with a curb stop or gate valve on the inlet side of the meter. Such valve or curb stop shall be for the exclusive use of BWP in controlling the reclaimed water supply through the service line. The customer is prohibited from using this valve. If the curb stop or valve is damaged by the customer's use, the repair or replacement shall be at the customer's expense.

(v) The customer shall provide a suitable shut-off valve located within one foot downstream of the outlet side of the meter. There shall be no tap or branch between this valve and the meter. The valve shall be owned and maintained by the customer.

5.03 (b) Construction Fee (Hook up). The fee for providing the reclaimed water service line , meter and ancillary facilities as set forth in these Rules and Regulations is the full cost to BWP for the installation as set forth in the Burbank Fee Resolution.

5.03 (c) Connection Fee. The Connection Fee for a new user who does not have an existing connection or who is increasing service/meter sizes shall be the same as for domestic services as set in the Burbank Fee resolution. Credit shall be given for domestic services converted to reclaimed services provided the domestic service is abandoned.

5.03 (d) Relocation of Reclaimed Water Service Line. Should a service line installed pursuant to and in accordance with the request of the applicant, owner, or customer be of the wrong size or installed at the wrong location, the cost of relocation shall be paid by the applicant, owner, or customer. All services provided prior to final street improvements shall be considered temporary and the costs for all repairs or changes required to be performed by BWP shall be paid by the applicant, owner, or customer.

5.04 Backflow Protection

5.04 (a) A physical interconnection between the potable and the reclaimed water systems is prohibited.

5.04 (b) If a premise is supplied with both potable water and nonpotable water, then backflow protection with an approved air gap (AG) must be provided at each potable water service connection. A reduced pressure principle (RP) backflow preventer may be used in-lieu only with the approval of the State Department of Health Services and the Department.

5.04 (c) Backflow preventers are not normally used on nonpotable water systems. However, an agency shall maintain the water quality in a nonpotable distribution system. A backflow preventer may therefore be needed at a specific meter where on-site exposures would impact the quality of the nonpotable supply.

5.04 (d) If temporary potable water connections to the nonpotable water system are required, the connections shall be protected in the same manner as a permanent connection. Exceptions may be necessary under special circumstances, but in any case, shall not be allowed unless approved by BWP.

5.05 Scheduling Reclaimed Water

BWP reserves the right to control and schedule the use of reclaimed water if, in the opinion of the Water System Manager, scheduling is necessary for purposes including, but not limited to, the maintenance of an acceptable working pressure in the reclaimed water system and for providing reasonable safeguards in relation to public health.

5.06 On-site Reclaimed Water Facilities

5.06 (a) Any on-site reclaimed water facility shall be provided by the applicant, owner, or customer, at the applicant's expense. The applicant, owner, or customer shall retain title to all such on-site facilities.

5.06 (b) On-site facilities shall conform to the requirements of Federal, State, and local agencies, in addition to these Rules and Regulations.

5.06 (c) A current set of record drawings of the on-site reclaimed water facilities shall be submitted to BWP. The drawings shall show both the reclaimed and the potable water systems.

5.06 (d) On-site facilities shall be inspected by BWP for compliance with the Rules and Regulations.

5.06 (e) Hose bibbs shall not be installed on the reclaimed water system. Quick-couplers fitted with hose bibbs shall not be left unattended.

5.06 (f) Drinking fountains shall be placed beyond the range of, or protected from the spray of reclaimed water.

5.06 (g) Parallel reclaimed and potable pipelines shall not be laid in a common trench and shall have no less than ten feet of horizontal separation.

5.06 (h) The reclaimed water system shall be operated to prevent or minimize runoff or discharge outside the customer's area. Should the application rate exceed the soil infiltration rate, an automatic system shall be used to program several shorter duration watering cycles to control runoff.

5.06 (i) Any changes to the on-site reclaimed water system or operating procedures shall be reported to BWP in writing.

5.07 New Reclaimed Water Facilities

5.07 (a) An application for reclaimed water service shall be submitted to BWP and a permit issued prior to commencing construction.

5.07 (b) Prior to commencement of service to any on-site system using reclaimed water, the installed system shall be tested under active conditions for compliance with the Rules and Regulations.

5.08 Conversion of Existing Facilities to Reclaimed Water

5.08 (a) Where it is planned that an existing water system be converted to a reclaimed water facility, the facilities to be converted to reclaimed water shall be investigated in detail, including a review of any record drawings, preparation of required reports, and determinations by BWP of measures necessary to bring the system into full compliance with the Rules and Regulations.

5.08 (b) No existing potable water facilities shall be connected to or incorporated into the reclaimed water system without BWP approval.

5.08 (c) The converted reclaimed water facility shall be tested under active conditions for compliance with the Rules and Regulations.

5.09 Future Reclaimed Water Facilities

5.09 (a) Any development with more than one acre of landscaped area or with over one million gallons of annual non-potable water use that could be substituted with Reclaimed Water shall design and construct for the future use of Reclaimed Water.

5.09 (b) The design shall incorporate but not be limited to the following:

(i) Install, or provide for the future installation of a Reduced Pressure Principal type backflow assembly (RP) at all potable water services to the site.

(ii) Install a separate water service for the future reclaimed water system. Only applications suitable for Reclaimed Water shall be served from this system to facilitate future conversion.

(iii) The future Reclaimed Water system shall follow all requirements pertaining to the installation, identification, and separation from potable water that applies to Reclaimed Water Systems.

5.10 Marking of On-Site Line and Appurtenances

5.10 (a) All reclaimed water valve boxes and/or vaults shall be clearly identified Reclaimed Water in black letters on a purple background on the lid and at least two inside surfaces.

5.10 (b) All potable water valve boxes and/or vaults shall be clearly identified Potable Water in white on a blue background on the lid and at least two inside surfaces.

5.10 (c) All reclaimed water lines shall be identified with three inch (3") wide tape with at least one inch (1") continuous lettering Caution Reclaimed Water, purple with black lettering. The tape is to be attached to the top of all pipe, laterals and mains per the manufacturer's specifications. Identification tape shall extend into all valve boxes and/or vaults, exposed piping, hydrants, and quick couplers.

Identification tape is not necessary for extruded purple colored PVC with continuous black markings Caution Reclaimed Water.

5.10 (d) All potable water lines shall be identified with three inch (3") wide tape with at least one inch (1") continuous lettering Potable Water, blue with white lettering. The tape is to be attached to the top of all pipe, laterals and mains per the manufacturer's specifications. Identification tape shall extend into all valve boxes and/or vaults, exposed piping, and hydrants.

5.10 (e) Fire hydrants on the reclaimed water system shall be painted purple and labeled RECLAIMED WATER.

5.11 On-Site Supervisor

5.11 (a) Operation and Surveillance. The operation and surveillance of on-site reclaimed water systems, whether they be public or private, shall be under the management of an on-site supervisor designated by the user and approved by BWP.

5.11 (b) Identification of Supervisor. The identity of the current on-site supervisor will be kept by the local health department as well as BWP. It is the responsibility of the user to give notice of any changes in this position.

5.11 (c) Responsibility of Supervisor. The on-site supervisor shall be responsible for the installation and use of pipelines and equipment in accordance with the Rules and Regulations set forth by the Department, as well as applicable Federal, State, and local statutes.

Although the on-site supervisor shall oversee the day-to-day operations of on-site facilities, BWP reserves the right to enter the user's premises for the purpose of inspecting on-site reclaimed water facilities and areas of reclaimed water use to ensure compliance with said Rules and Regulations.

5.12 Inspection of Facilities

5.12 (a) BWP reserves the right to inspect the premises to assure compliance with these requirements. Inspection may include the domestic water system if the likelihood of cross-connection hazards exists.

5.12 (b) Customer shall have the on-site supervisor accompany BWP’s inspector during the inspection. Customer shall have available at time of inspection, current plans of both the domestic and reclaimed piping system.

5.13 Warning Signs and Labels

5.13 (a) Warning signs shall be posted to notify the public where the reclaimed water is being used and that it is unsafe to drink.

5.13 (b) The size and placement of the signs will be dependent on the nature of the facility. A detailed plan showing placement of signs and their size shall be submitted for approval prior to establishing reclaimed water service.

5.13 (c) As a minimum, signs shall be no smaller than 8" x 10" with 1/2" letters reading Reclaimed Water - Do Not Drink.

5.14 Reclaimed Water for Water Trucks

5.14 (a) Reclaimed water shall be made available to water trucks for use in landscape irrigation, dust control, or earth compaction.

5.14 (b) The water truck shall contain an approved air gap between the filler tube and the tank to prevent back-siphonage. The water truck shall be clearly labeled RECLAIMED WATER - DO NOT DRINK.

5.14 (c) Applicant shall first comply with and execute a Temporary Reclaimed Water Use Agreement. Agreement requires the following:

(i) Applicant shall be a contractor licensed by the State of California.

(ii) Applicant shall have a City of Burbank Business License.

(iii) Applicant shall maintain a log of all transfers of reclaimed water. Any transfers outside the City of Burbank must be authorized by BWP.

(iv) Applicant shall attend training session on the use of reclaimed water.

(v) All vehicles to be used for the transfer of reclaimed water shall be inspected by BWP before use is authorized.

(vi) All required fees and deposits shall be paid before use is authorized.

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Part 6 - Water Rates, Fees and Charges

Water supplied to the City of Burbank used for extinguishing fires, sewer flushing, storm drain flushing and street sweeping shall be supplied free of charge.

Current Water Rates, Fees and Charges are enumerated in the current City Of Burbank Fee Resolution, Article XI, Water Rates and Charges, on file at the City Clerk's Office.

6.01 General Service Water Rates, Schedule WG-1

6.01 (a) Applicability. The rates herein set forth shall be applicable to all metered water within the City of Burbank for which no other rate is applicable.

6.01 (b) Rates. The general service water charge shall be made on a monthly basis and shall be the sum of Water Availability Charge, a Demand Charge, a Quantity Charge and a Water Cost Adjustment Charge (WCAC), provided that the charge shall be no less than a Minimum Charge each determined as follows:

6.01 (c) Water Availability Charge. The Water Availability Charge for all size meters shall be a monthly fee as set in the Burbank Fee Resolution.

6.01 (d) Demand Charge.The Demand Charge for each meter shall be based on the highest monthly use, measured in hundreds of cubic feet, established by the bills received by customers during the preceding July, August, September, or October. The highest monthly use shall be used for the next twelve months. The billing demand charge usage shall be re-established annually beginning with the July usage. For new accounts, without a Demand Charge usage as determined above, the Demand Charge shall be based on the highest monthly use prior to the next determination period.

The Demand Charge shall be the product of the said highest monthly use multiplied by the current demand charge rate in the Burbank fee Resolution.

6.01 (e) Quantity Charge.The Quantity Charge shall be computed using the current rate in the Burbank Fee Resolution.

6.01 (f) Water Cost Adjustment Charge (WCAC).See Section 6.08.

6.01 (g) Minimum Charge.The minimum charge per customer shall be the sum of the Demand Charge and the Water Availability Charge.

6.02 School Service Water Rates, Schedule WS-1

6.02 (a) Applicability. The rates herein set forth shall be applicable to all metered services serving Burbank Unified School District (BUSD) facilities and billed to the BUSD.

6.02 (b) Rates. The total monthly charge shall be the sum of the Water Availability Charge, Demand Charge, Quantity Charge, and a Water Cost Adjustment Charge (WCAC) as established in this Section.

6.02 (c) Water Availability Charge. The Water Availability Charge for all size meters shall be a monthly fee as set in the Burbank Fee Resolution.

6.02 (d) Demand Charge. The Demand Charge shall be based on the highest monthly use established during July, August, September, or October. The highest monthly use shall be used for the next twelve (12) months. The billing Demand Charge usage shall be re-established annually beginning with the July usage. For new accounts, without a Demand Charge usage as determined above, the Demand Charge shall be based on the highest monthly use prior to the next determination period.

The Demand Charge shall be the product of the said highest monthly use multiplied by the current demand charge rate in the Burbank fee Resolution.

6.02 (e) Quantity Charge. The Quantity Charge shall be computed using the rate set in the Burbank Fee Resolution.

6.02 (f) Water Cost Adjustment Charge (WCAC). See Section 6.08.

6.02 (g) Minimum Charge. The minimum charge per customer shall be the sum of the Demand Charge and Water Availability Charge.

6.03 Temporary Water Service Rates, Schedule WT1

6.03 (a) Rates. The monthly charge for temporary metered water service water shall be the sum of a Processing Fee, a Water Availability Charge, a Quantity Charge and a Water Cost Adjustment Charge (WCAC). In addition, if a fire hydrant meter is required for the temporary service, a Rental Rate will be charged.

6.03 (b) Processing Fee and Deposit.A processing fee shall be charged to initiate a temporary water service account. Customer shall pay a specified deposit to secure the return of the fire hydrant meter, eddy valve and valve wrench. The processing fee and hydrant deposit are specified in the Burbank Fee Resolution.

6.03 (c) Water Availability Charge. The water availability charge for each month or fraction thereof shall be per month as specified under Schedule WG-1.

6.03 (d) Quantity Charge and WCAC.The quantity charge and WCAC shall be two times that specified under Schedule WG1.

6.03 (e) Estimated Monthly Billing.A charge, specified in the Burbank Fee Resolution shall be made to cover the expense of each month for each meter not returned for reading and checking as provided in Article 4.36 (d), obtaining correct reading and inspecting the meter assembly.

6.03 (f) Rental Rate.Fire hydrant meters shall be rented at the rate specified in the Burbank Fee Resolution per calendar day or portion thereof.

6.04 Private Fire Protection Service, Schedule WF–1

6.04 (a) Applicability. These rates shall apply to a Customer for service for private fire lines used exclusively for fire protection, whether said lines are connected to an automatic sprinkling system or to a hose attachment.

6.04 (b) Rates. The total monthly bill shall be the sum of a Water Availability Charge, Water Cost Adjustment Charge (WCAC), and the Quantity Charge:

6.04 (c) Water Availability Charge.The monthly Water Availability charge shall be as specified in the Burbank Fee Resolution.

6.04 (d) Quantity Charge and WCAC.For all water supplied (as recorded by the detector check valve bypass meter) other than for fire extinguishing purposes, a charge shall be made at a rate three times higher than those specified in Schedule WG1 of this article. Where water is used for purposes not reasonably related to fire protection, the Division shall either discontinue service or place a meter on the service at the Customer's expense and change the applicable rate schedule from WF1, Private Fire Protection Service, to General Service, Schedule WG1.

6.05 Unmetered City Landscape Service, Schedule UCLS-1

6.05 (a) Applicability. Unmetered service for the landscape irrigation of areas less than 100 square feet is available to City of Burbank facilities.

6.05 (b) Charges. The charges for an unmetered landscape service shall be the sum of the Water Availability Charge, the Demand Charge and the Water Cost Adjustment Charge for one unit for each location as established in Schedule WG-1. Cumulative billing for unmetered City landscape service may be approved by the BWP General Manager.

6.06 Combination Domestic/Fire Service, Schedule WFM-1

6.06 (a) Applicability. Combination domestic and fire water service through an F.M. meter.

6.06 (b) Rates. The total charge shall be the sum of the Water Availability Charge, the Demand Charge, Quantity Charge, and a Water Cost Adjustment Charge (WCAC).

6.07 (c) Water Availability Charge. The Water Availability charge shall be the Water Availability Charge of Schedule WF-1 as specified in the Burbank Fee Resolution.

6.06 (d) Demand Charge, Quantity Charge, Water Cost Adjustment Charge. The Demand Charge, Quantity Charge, and a Water Cost Adjustment Charge (WCAC) shall be as established in Schedule WG-1.

6.07 Unmetered Service, Schedule UMS-1

6.07 (a) Applicability. The BWP may decide that it is not in the interest of the Department to set a meter for the supply of construction water.

6.07 (b) Rates. The charges for unmetered service shall be the sum of a Water Availability Charge, a Quantity Charge, and a WCAC.

6.07 (c) Water Availability Charge. The Water Availability Charge for each month or fraction thereof is set in the current Burbank Fee Resolution.

6.07 (d) Quantity Charge and WCAC.A Quantity Charge and WCAC shall be based on the water use estimated below and shall be two (2) times that specified under Schedule WG1.

One unit of water equals one hundred cubic feet. The water consumption may be estimated for different uses as follows:

(a) For concrete curbs - three units per one hundred lineal feet.

(b) For settling trenches not exceeding two feet in width five feet in depth - six units per one hundred lineal feet.

(c) For larger trenches a proportional charge shall be made as estimated by the Manager of the Water Division.

(d) For concrete walks - one and one half units per one hundred square feet.

(e) For settling graded streets - three quarters of one unit per one hundred square feet.

(f) For mixing and curing concrete - three quarters of one unit per cubic yard.

(g) For mixing and curing concrete by a patented process - one third of one unit per cubic yard.

(h) For settling filled ground a charge will be made for a quantity of water equal to one-third the cubic contents of the fill rates provided in this chapter.

(l) For miscellaneous uses not herein specified, the quantity shall be estimated by the Water Division.

6.08 Water Cost Adjustment Charge (WCAC)

6.08 (a) Purpose. The quantity charge specified in Schedules WG-1, WS-1, WT-1, and WF-1 are subject to a water cost adjustment charge as specified in this Section in order to compensate the City for its varying costs of purchasing or producing water. The WCAC shall be adjusted monthly and shall be calculated to the nearest five mills ($0.005).

6.47 (b) Formula. For Schedules WG-1, WT-1, and WF-1, the adjustment shall be determined in accordance with the following formula:

For Schedule WS-1, the adjustment shall be determined in accordance with the following formula:

6.08 (c) Definitions.

(1) Estimated Water Costs shall mean the total cost to the City of purchased water delivered to the City from the Metropolitan Water District (MWD) or other independent suppliers, basin replenishment water, related MWD charges such as Readiness to Serve Charge, New Demand Charge, Treated Water Peaking Charge and Connection Maintenance Charge, chemical costs for treating the water, including granular activated carbon, compliance water testing, ULARA Watermaster expense related to the maintenance, protection and/or development of basin water resources and the total cost to the City for electric power to pump water. All such costs shall be estimated monthly by the General Manager for the next 12-month period and adjusted by any under or over-collections of water costs experienced by the City. The City Council will be advised of any changes in the WCAC rate.

(2) Estimated Units of Water Sales shall mean: the hundreds of cubic feet of potable water sales for the next 12-month period as estimated by the General Manager.

6.09 Reclaimed Water Service, Schedule RG-1

6.09 (a) Applicability. The rates herein set forth shall be applicable to all metered reclaimed water service within the City of Burbank.

6.09 (b) Rates. The reclaimed water charge shall be made on a monthly basis and shall be the sum of the Water Availability Charge, and a Quantity Charge.

6.09 (c) Water Availability Charge. The Water Availability Charge for all size meters shall be a monthly fee as set in the current Burbank Fee Resolution.

6.09 (d) Quantity Charge.The Quantity Charge shall be computed using the current rate in the Burbank Fee Resolution.

6.10 Temporary Reclaimed Water Service, Schedule RT-1

6.10 (a) Reclaimed water for water trucks is governed under Section 5.14 of the Rules and Regulations. The charge for water trucks using reclaimed water shall include a Processing Fee and a Monthly Service Charge.

6.10 (b) Processing Fee. A processing fee shall be charged to initiate a temporary reclaimed water service agreement.

6.10 (c) Service Charge. A service charge per month or portion thereof shall be assessed to cover the administration of the temporary service and the flat rate charge for the reclaimed water used.

6.10 (d) Reclaimed Water Fire Hydrant. Temporary water service from a reclaimed water fire hydrant shall be charged the same as from a domestic fire hydrant under Section 6.03

6.11 Physical Solution Water Cost, Schedule PSW-1

6.11 (a) Applicability. The water rights in the Upper Los Angeles River Area were established by the JUDGMENT AFTER TRIAL BY COURT in Superior Court Case No. 650079, entitled The City of Los Angeles, A Municipal Corporation, Plaintiffs, vs. City of San Fernando, et al., Defendants. Under the Judgment, certain parties have rights to Physical Solution Water upon payment of specified charges. Valhalla and Lockheed have the right to 300 acre-feet and 25 acre-feet of water respectively.

From time to time, other property owners, not covered by the Judgment, have a need to produce ground water for temporary and/or long term dewatering activities relating to construction, building foundations, basements or underground facilities. The water is typically discharged to a storm drain or sewer. The City of Burbank should be compensated for the removal of this water from the groundwater basin.

6.11 (b) Rates. The charge for this water will be the Physical Solution Water Charge plus an Administrative Fee.

6.11 (c) Physical Solution Water Charge. The cost per acre-foot of Physical Solution water is set in the Burbank Rate Resolution.

6.11 (d) Administrative Fee. A monthly Administrative Fee as set in The Burbank Fee Resolution will be added to the monthly billing.