Article II - Definitions
Unless the context specifically indicates otherwise, the meaning of the terms used herein shall be as follows:
2.1 Accommodation Unit
"Accommodation Unit" is one habitable room intended primarily for sleeping purposes and without a cooking facility. Examples of an accommodation unit are a hotel room, hotel suite, hostel room, bed and breakfast room, or a lock‑off without a cooking facility.
2.2 Attic
"Attic" is an unheated, uninhabitable air space between the ceiling of a room and the roof of a building.
2.3 Basement
The lowest area within a structure, either partially or entirely below finish grade with a finished floor, and intended for continuous habitation.
2.4 Board
"Board" and "Board of Directors" are the elected or appointed Board of Directors of the District who has responsibility for policy and management oversight of the water and/or sewer systems.
2.5 Circulation Space
"Circulation Space" is that space in a multi-unit or mixed-use facility that provides ingress and egress to residential units located in the facility. Examples of Circulation Space are hallways, stairways, and elevators not located within Residential Units, Accommodation Units, or Efficiency Units. Where Circulation Space passes through an entryway or lobby, such space shall be deemed to be a corridor no more than ten (10) feet in width, or the width of any hallway such corridor leads to, except where a greater width is required for ingress and egress by a building or fire code.
2.6 Commercial and/or Industrial Unit
"Commercial and/or Industrial Unit" is any structure or facility that is used to engage in a business, commerce, manufacturing, marketing, and/or sale of products and services of any kind.
2.7 Connection
2.7.1 Sewer
A sewer connection is defined as a pipe that allows a continuous flow of sewage from a structure into a District main.
Connection for a sewer service line has not occurred if a connection of the water service line has not occurred or if an “air gap” exists within the sewer service line between the District’s main and the footer and/or foundation of the structure.
2.7.2 Water
A water connection is defined as a pipe that allows a continuous flow out of a District main, into a structure, and through the meter assembly.
Connection for a water service line has not occurred if an “air gap” exists within the service line between the District’s main and the structure or between the meter assembly, and the internal plumbing of the structure.
2.8 Contractor
"Contractor" is any person, firm, or corporation licensed or permitted to perform work and to furnish materials within the District. The Contractor will need to obtain a permit required by the county or town for work conducted in a public way.
2.9 Cooking Facility
"Cooking Facility" is an arrangement within a residential unit which provides, but is not limited to, the following features: refrigeration capability; hot plate, electrical frying pan, toaster oven, crock pot, counter top burners, stove or microwave; and facilities for washing and cleaning.
2.10 Crawl Space
"Crawl Space" is any area contained and covered by a structure that has a dirt or gravel floor and is not intended for continuous habitation.
2.11 Customer
"Customer" is any person or entity authorized to connect to and use the District's water or sewer systems. The word “Customer” effectively encompasses owner, renter, contractor, subcontractor, developer, etc. “Customer” is any person who applies to the District for a service connection, service disconnection, main line extension, or other such service agreement, or who attempts to have real property included within, or excluded from the District, as the case may be.
2.12 District
"District" is the:
Arrowhead Metropolitan District;
Bachelor Gulch Metropolitan District;
Beaver Creek Metropolitan District;
Berry Creek Metropolitan District;
Cordillera Metropolitan District
Eagle-Vail Metropolitan District;
Edwards Metropolitan District;
Red Sky Ranch/Holland Creek Metropolitan Districts;
Traer Creek Metropolitan District (Village at Avon);
Upper Eagle Regional Water Authority;
Eagle River Water & Sanitation District
2.13 District Engineer
"District Engineer" is the person or firm that has been authorized by the District to perform engineering services for the District.
2.14 Efficiency or Studio Unit
"Efficiency" or "Studio Unit" is a Residential Unit having one room with an integral cooking facility and one bathroom.
2.15 General Manager
"General Manager" as used in these Rules and Regulations is the person retained by the Board of Directors to administer and supervise the water and/or sewer affairs of the District.
2.16 Industrial Pretreatment Program
The "Industrial Pretreatment Program" ("IPP") is the industrial waste management program adopted by the Board to conform to the requirements of its Colorado Discharge System (CDPS) permit. The program is to ensure the proper pretreatment and handling of industrial sewage generated by commercial or industrial units that may have a deleterious effect on the sewage system. See APPENDIX E - POLLUTANT DISCHARGE REGULATIONS AND INDUSTRIAL PRETREATMENT PROGRAM.
2.17 Inspector
"Inspector" is a person or persons who, under the direction of the General Manager, shall inspect all water and sewer connections, main lines and appurtenances, service line joints and bedding, installations of and repairs to meters, construction of and repairs to the water or sewer system and facilities of the District, and Users and Industrial Users to ensure compliance with the Rules and Regulations and construction standards.
2.18 Irrigation Account
An “Irrigation Account” is a separate metered “stand alone” account that is not associated with a structure, and for which no tap fees have been paid.
2.19 Mixed-Use Facility
A “Mixed-Use Facility” is a building containing one or more Residential Units, Accommodation Units, or Efficiency Units and one or more Commercial Units.
2.20 Multi-Unit Facility
A “Multi-Unit Facility” is a building containing two or more Residential Units, Accommodation Units, or Efficiency Units.
2.21 Permission to Connect
Permission to Connect is the written permission to connect to or to enlarge the connection to the water or sewer systems of the District pursuant to the Rules and Regulations. Permission may be granted by the General Manager, Regulations Administrator, or authorized District representative.
2.22 Pollutant Discharge Regulations
"Pollutant Discharge Regulations" are additional regulations adopted as part of these Rules and Regulations pertaining specifically to limits on direct and indirect contributions of toxic or hazardous substances to the wastewater collection and treatment system of the District. Compliance by customers is mandatory in accordance with applicable State and Federal laws.
2.23 Pretreatment Facilities
"Pretreatment Facilities" are structures, devices, or equipment owned and operated by a customer for the purpose of treating or removing any substances in the waste discharge which would be harmful to the District's sewer mains or to the sewage treatment works. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable Pretreatment Standard.
2.24 Private Main
"Private Main" is any sewer interceptor, collection line, or main line, or any water distribution line or main line that is connected to the District system but not owned or maintained by the District; Private Mains have not been accepted by the District. Generally, lines are designated as private if they do not conform to the specifications as enumerated in the Rules and Regulations or construction standards. Lines may be considered private if it is not in the best interest of the District to accept the mains because of special and/or mitigating circumstances; or if the title of the mains cannot be transferred free and clear to the District.
2.25 Regulations Administrator
"Regulations Administrator" as used in these Rules and Regulations is the individual who, under the direction of the General Manager, is responsible to administrate and ensure compliance of these regulations.
2.26 Residential Unit
"Residential Unit" is one or more contiguous, habitable rooms designed, arranged, occupied, or intended to be occupied by one or more individuals living together as a household or one family. A Residential Unit has facilities for living, cooking, sleeping, or bathing, and is generally configured to provide an independent access. If areas within a building or house are designed or arranged with the capability for occupancy that is independent of the rest of the household, that area is classified as a separate Residential Unit. Other features that also may indicate Residential Unit are private telephone line, separate cable TV, lease contract, and unrelated third‑party occupancy. Examples of a Residential Unit are: single family homes, condominiums, townhouses, duplexes, multiplexes, apartments, efficiencies, studio units, lock-offs, mobile homes, etc.
2.27 Rules and Regulations
“Rules and Regulations” are the formal rules and regulations of the District which state the policy and procedures by which the water and sewer systems are operated. Rules and Regulations also include all amendments and policies as set forth in the District minutes and resolutions.
2.28 Service Line
"Service Line" is any pipe, line, or conduit used or to be used (1) to provide water service from a water main or stub out to a building or (2) to provide sewer service from a building to a sewer interceptor, stub out, or collection line; whether the pipe, line, or conduit is connected or not. A water service line is owned and maintained by the District from the tap on the District water main to the property line, edge of easement, or curb stop valve, whichever is closer to the water main. A water service line tapped onto a private main shall remain property of the customer. The water service line from the curb stop valve into the building is owned and maintained by the customer. A sewer service line is owned and maintained by the customer from the building to the District sewer interceptor, the sewer main line, or a private main. Water and sewer service lines constructed by the customer shall be in accordance with these Rules and Regulations.
2.29 Sewer Main
"Sewer Main" is any sewer main line or sewer interceptor used as a conduit for sewage in the District's sewer system and is owned and maintained by the District. A sewer main line shall be sized in accordance with APPENDIX D - STANDARD SPECIFICATIONS FOR SEWER LINE CONSTRUCTION, unless otherwise approved by the Board of Directors.
2.30 Sewer System
"Sewer System" is a network of sewer collection lines, sewer interceptors, sewer main lines, wastewater treatment facilities, appurtenances, accessories, or portion thereof owned and maintained by the District. Sewer service lines or any portion therein and private sewer mains are not considered part of the District’s sewer system.
2.31 Shall or May
Whenever "shall" is used herein, it shall be construed as a mandatory direction.
Whenever "may" is used herein, it shall be construed as a permissible, but not mandatory direction.
2.32 Single Family Equivalent
"Single Family Equivalent" (SFE) is a generic Residential Unit, the use of which is estimated to have an impact upon the water and/or sewer systems equal to that of the average single family (2.3 persons). One (1) SFE is up to 3,000 square feet.
2.33 Sprinkler Account
A "Sprinkler Account” is a separate metered account associated with a structure in which tap fees have been paid.
2.34 Sprinkler/Irrigation Ratio
A "Sprinkler/Irrigation Ratio” (SIR) is a measuring ratio used in calculating sprinkler and irrigation accounts service charge billing for tiered rates.
2.35 Stub Out
"Stub out" is a connection device or line which is connected to the water or sewer main line and which is intended to facilitate the connection of a service line to the water or sewer system, either directly to the main line or indirectly through a private main. A stub out extends only from the main to the property line.
2.36 Tap
"Tap" is the connection of the privately owned service line to the water or sewer system, either directly to a stub out or at the curb stop valve or the main line, or indirectly through a private main line.
2.37 Tap Fee
"Tap Fee" is the payment to the District of a fee for the privilege of connecting to the water or sewer system. The amount of tap fees is based on the particular use of the facility being connected. See Appendix A - Schedule of Fees and Charges.
2.38 Tiered Rate
A "Tiered Rate" structure is a billing method, broken out into tiers, whereby the charge per thousand gallons of consumption becomes progressively more expensive as more water is used.
2.39 Variance
A "variance" is the written authorization from the District or District staff to act in a manner not in strict compliance with District Rules and Regulations, specifications, or policies. A variance may be granted at the sole discretion of the District on the basis of undue hardship, or otherwise, not self-imposed.
2.40 Wastewater System
"Wastewater System" is any network of wastewater main lines, wastewater treatment facilities, appurtenances, accessories, or portion thereof, owned and maintained by the District.
2.41 Water Main
"Water Main" is any distribution line or transmission line used as a conduit for water in the District's water system and is owned and maintained by the District. A water main shall be sized in accordance with APPENDIX C - STANDARD SPECIFICATIONS FOR WATER LINE CONSTRUCTION, unless otherwise approved by the Board of Directors.
2.42 Water Meter
"Water Meter" is defined as all components between the amended or flanged ends of the meter body. Gaskets and fittings are not considered part of a water meter.
2.43 Water System
"Water System" is any network of water main lines, water treatment facilities, appurtenances, accessories, or portion thereof owned and maintained by the District.
2.44 Any Other Term
Any other term not herein defined shall be as defined by the American Water Works Association (AWWA) and Wastewater Pollution Control Federation (WPCF). The use of singular may also refer to plural. The use of the masculine gender includes the feminine or neuter gender.