Corona Municipal Code Ch. 13.28 Reclaimed Water

(A) Existing state statutes declare that the people of the State of California have a primary interest in the development of facilities to recycle water containing waste to supplement existing surface and underground water supplies and to assist in meeting the future water requirements of the state. Conservation of all available water resources requires the maximum reuse of recycled water for beneficial use. The State of California has also declared that continued use of potable water for irrigation of greenbelt and other areas and for certain other uses may be an unreasonable use of such water where recycled water is available.

(B) Implementation of the state policies described above are in the best interest of the City of Corona. Riverside County is highly dependent on limited imported water for domestic, agricultural and industrial uses. The reliability of the supply of imported water is uncertain. Numerous jurisdictions in Riverside County have adopted measures to promote water recycling. By developing and utilizing reclaimed water, the need for additional imported water can be reduced. Certain uses of potable water may be considered unreasonable or wasteful where reclaimed water is available. Reclaimed water should be more readily available in seasons of drought when the supply of potable water for nonessential uses may be uncertain. Certain discharges to a wastewater collection system may constitute a nuisance when production of reclaimed water is unduly impaired. In light of these circumstances, this chapter is necessary to protect the common water supply of the region which is vital to public health and safety and to prevent injury to persons and to public and private property.

(`78 Code, § 13.28.010.) (Ord. 3346 § 6, 2022; Ord. 2544 § 1, 2001.)

It is the policy of the City of Corona that reclaimed water shall be used within the jurisdiction whenever and wherever its use is economically justified; its use is financially and technically feasible; there is not an alternative higher or better use for the reclaimed water; and its use is consistent with legal requirements, preservation of public health, the safety and welfare of the public and protection of the environment.

(`78 Code, § 13.28.020.) (Ord. 3346 § 6, 2022; Ord. 2544 § 2, 2001.)

The following terms are defined as follows for purposes of this chapter.

“Agricultural purposes” include, but are not limited to, the growing of field and nursery crops, row crops, trees and vines and the feeding of fowl and livestock.

“Artificial lake.” A human-made lake, pond, lagoon or other body of water that is used wholly or partly for landscape, scenic or non-contact recreational purposes.

“Commercial purposes.” Water used in any building used for office, retail, commercial or similar purposes as well as auditoriums, schools, hotels, apartments, jails and similar structures for landscape irrigation, toilets, urinals and decorative fountains and other non-body contact purposes. (See Cal. Water Code §§ 13550 et seq.)

"Department" means the Utilities Department of the City of Corona and its employees.

"Director" means the duly appointed Director of Utilities of the Utilities Department of the City of Corona, or his or her designee or any other designated city employee responsible for administration of the Department.

“Greenbelt areas.” Include, but are not limited to, golf courses, cemeteries, parks and nonresidential landscaping.

“Industrial purposes.” Water used by any industrial facility with process water requirements which include, but are not limited to, rinsing, washing, floor trap priming, cooling and circulation or construction, including any facility regulated by the industrial waste discharge ordinance of the City of Corona.

“Off-site facilities.” Facilities under the control of the city, including, but not limited to, reclaimed water transmission mains, reclaimed water pipelines, reservoirs, pumping stations, treatment plants and other appurtenances and property. For reclaimed water service, “off-site facilities” shall be those upstream of the point of connection with the customer’s onsite facilities starting at the downstream end of the meter tailpiece.

“On-site facilities.” Facilities under the control of the applicant, owner or customer including, but not limited to, landscape irrigation systems and agricultural irrigation systems. For reclaimed water service, the “on-site facilities” shall be those downstream of the reclaimed water service connection which shall normally be the downstream end of the meter tailpiece.

“Potable water.” Water which conforms to federal, state and local standards for human consumption.

“Reclaimed water.” Water which, as a result of treatment of waste, is suitable for direct beneficial use or controlled use that would not otherwise occur. (See Cal. Water Code § 13050(n).)

“Reclaimed water distribution system.” A piping system intended for the delivery of reclaimed water exclusively and which is separate from any potable water distribution system.

“Tributary areas.” The hydrological area tributary to a wastewater treatment plant service area.

“Waste discharge.” Water or other material deposited, released or discharged into a sewer system from any commercial, industrial, residential or other source which contains levels of any substance or substances which may cause substantial harm to any water treatment or reclamation facility or which may prevent any use of reclaimed water authorized by law.

(`78 Code, § 13.28.030.) (Ord. 3346 § 6, 2022; Ord. 2544 § 3, 2001.)

(A) General. The City of Corona shall prepare and adopt a Reclaimed Water Master Plan (the “Master Plan”) to define, encourage and develop the use of reclaimed water within city boundaries. The Master Plan shall be updated not less than once every five years.

(B) Contents. The Master Plan shall include, but not be limited to, the following:

(1) Plants and facilities. Evaluation of the location and size of and need for present and future reclamation treatment plants, distribution pipelines, pump stations, reservoirs and other related facilities, including cost estimates and potential financing methods for any infrastructure improvements;

(2) Reclaimed water service areas. A designation, based on the policies set forth in §§ 13.28.010 and 13.28.020 and the information set forth in the Master Plan, of the areas within the boundaries of the City of Corona that can or may in the future be required to use reclaimed water in lieu of potable water. (See Cal. Gov’t Code § 65605(b)(2).) Reclaimed water uses may include, but are not limited to, the irrigation of greenbelt areas, agricultural purposes, filling of artificial lakes and appropriate industrial and commercial purposes;

(3) Designated tributary areas. Proposed tributary areas shall be designated for each water reclamation facility identified in the Master Plan. Within such areas, discharges to the sewerage system shall be subject to monitoring, control measures and permitting to protect public health, safety and public and private property. (See also § 13.08.210 of this code.) The designation of tributary areas shall be adopted by ordinance and may be included in the Master Plan. Prior to designation of tributary areas, appropriate notice shall be given to property owners and residents of the area;

(4) Quality of water to be reclaimed. For each water reclamation treatment facility, evaluate the quality of wastewater brought into the facility and resulting effects on anticipated uses of reclaimed water to be served by the facility. Evaluate sources of waste discharge and sewer inflow that may, directly or cumulatively, substantially contribute to adverse water quality conditions of reclaimed water;

(5) Tributary protection measures. Develop recommended control measures and management practices for each designated tributary area to maintain or improve the quality of wastewater brought into the facility and the quality of reclaimed water. Such control measures may include capital improvements to the sewer collection system and waste discharge restrictions for industrial, commercial and residential discharges;

(6) Identify potential reclaimed water users. For each reclaimed water service area, evaluate whether reclaimed water use for greenbelt area irrigation, agricultural purposes, filling of artificial lakes, commercial purposes or industrial purposes may become available or potentially mandatory for particular properties. (See Cal. Water Code § 13579.) As set forth in Cal. Gov’t Code § 65605, evaluate whether mandatory reclaimed water use and/or the construction of reclaimed water distribution systems or other facilities, as appropriate, in new industrial, commercial and residential developments for current or future reclaimed water use may be required as a condition of development approval, in accordance with the procedures described in § 13.28.050(B), if future reclamation facilities are proposed in the Master Plan that could adequately serve the development. Identify resources and adopt measures to assist water users in the financing of necessary conversions;

(7) Public awareness program. Establish a comprehensive water recycling public awareness program;

(8) Coordination among agencies. Examine the potential for initiating a coordinated effort between the City of Corona and other regional agencies to share in the production and utilization of reclaimed water.

(C) Rules and regulations. The City of Corona shall establish by ordinance rules and regulations governing the use and distribution of reclaimed water.

(`78 Code, § 13.28.040.) (Ord. 3346 § 6, 2022; Ord. 2544 § 4, 2001.)

(A) Existing water service.

(1) Preliminary determination. Based upon the Master Plan, and in accordance with the rules and regulations adopted pursuant to § 13.28.040(C), upon the designation of each reclaimed water service area or the commencement of the design of new reclaimed water facilities, the city shall make preliminary determinations as to which existing potable water customers it is or may be appropriate to fully or partially convert to reclaimed water use for irrigation of greenbelt areas, agricultural purposes, filling of artificial lakes, commercial purposes, industrial purposes or other uses identified in the Master Plan. Water customers may be notified of the basis for the city’s determination that conversion to reclaimed water service is appropriate, as well as the proposed conditions and schedule for the proposed conversion, and any incentives provided for such conversion. Mandatory partial or full conversion of existing customers to mandatory reclaimed water use may be required only as allowed or required by law.

(2) Notice. The notice of the preliminary determination described in subsection (A)(1), including the proposed conditions and time schedule for conversion and a reclaimed water permit application, shall be sent to the water customer by certified mail.

(3) Application for reclaimed water permit by existing customers. If a customer would like to participate in the city reclaimed water program, he/she/it must submit an application for a reclaimed water permit to the city for review, along with any required application fee. The city shall then review the application for completeness and contact the customer regarding the potential provision of service and reclaimed water permit conditions. The permit and application shall conform with the requirements of subsections (C)(1) through (3) set forth below. If the water customer and the city cannot agree on terms for the provision of reclaimed water service, or if the city determines that reclaimed water is not available for the proposed use, the city may, in its sole and absolute discretion, refuse to provide such service.

(B) New development and remodeling.

(1) Conditions. As set forth in Cal. Gov't Code § 65605, upon application by a developer or owner of new industrial, commercial or residential subdivisions (herein referred to as "applicant") for a discretionary approval for development, City of Corona staff shall review the Master Plan and make a preliminary determination whether the current or proposed use of the subject property is required, in accordance with the rules and regulations adopted pursuant to § 13.28.040(C) to be served with reclaimed water and/or to include facilities designed to accommodate the use of reclaimed water in the future. Based upon such determination, use of reclaimed water and construction of reclaimed water distribution systems or other facilities within the new development for the use of reclaimed water and application for a permit for such use may be required as conditions of approval of any such development application, in addition to any other conditions of the alteration or remodeling. The provisions of this subdivision shall be in addition to, and not in lieu of, the requirements of division (H) regarding reclaimed water.

(2) Alterations and remodeling. Upon application for a permit for major alteration or remodeling of multi-family, commercial or industrial structures (including, for example, hotels) which substantially increase a facility's area, volume or size, City of Corona staff shall review the Master Plan and make a preliminary determination whether the landscaping for (or the irrigation requirements of) the subject property shall be required to be served with reclaimed water and/or to include facilities designed to accommodate the use of reclaimed water for landscaping in the future. Based upon such determination, use of reclaimed water and construction of reclaimed water distribution systems or other facilities for the use of reclaimed water and an application for a permit for such use may be required as a condition of approval of the application.

(3) Notice of determination. A notice of the basis for the preliminary determination made pursuant to divisions (B)(1) or (B)(2), proposed conditions of approval and a schedule for compliance shall be provided to the applicant prior to approval of the development application.

(C) Reclaimed water permit process. Upon a final determination by the City of Corona that a property shall be served with reclaimed water, or upon adoption of a condition of development approval requiring use or accommodation of the use of reclaimed water, the water customer, owner or applicant shall obtain a recycled water permit.

(1) Permit conditions. The reclaimed water permit shall specify the design and operational requirements of the applicant’s water distribution facilities and schedule for compliance based on the rules and regulations adopted pursuant to § 13.28.040(C) and shall require compliance with both the California Department of Health Services Wastewater Reclamation Criteria (see Cal. Code of Regulations Title 22) and the requirements of the Regional Water Quality Control Board.

(2) Plan approval. Plans for the reclaimed and non-reclaimed water distribution systems of the parcel shall be reviewed by the City of Corona and a field inspection conducted by the city before the permit is granted.

(3) Permit issuance. Upon approval of the plans described in subsection (C)(2), the reclaimed water permit shall be issued. Reclaimed water shall not be supplied to a property until inspection by the City of Corona determines that the applicant is in compliance with the permit conditions.

(D) Mandatory reclaimed water use; objections; appeals.

(1) If a water customer receiving a notice requiring mandatory participation in the reclaimed water program pursuant to subsection (A)(2) or subsection (B)(3) of this section believes such mandatory participation is not required or is otherwise inappropriate, he/she/it may file a notice of objection with the City of Corona within 30 days after any notice containing proposed conditions of reclaimed water service is delivered or mailed to the customer. The customer may request reconsideration of the determination or modification of the proposed conditions or schedule for conversion. The objection must be in writing and specify the reasons for the objection. The written notice of appeal shall state in detail the specific facts supporting the request for reconsideration. Within 30 days of receiving such request, the Director of the City Water Utilities Department shall render a decision on the request for reconsideration.

(2) The person objecting may within ten days after notification of the Director’s decision file a written appeal with the City Council. The written appeal to the City Council and a requisite filing fee must be submitted to the City Clerk. Upon receipt of the written appeal and the requisite filing fee, the City Clerk shall set the matter for hearing with the City Council at the earliest practical date. At the hearing, the City Council may hear additional evidence and may reject, affirm or modify the Director’s decision. The decision by the City Council shall be final and shall complete the administrative process.

(E) Temporary use of potable water. At the discretion of the City of Corona, potable water may be made available to a site requiring reclaimed water use on a temporary basis until reclaimed water is available. Before the applicant receives temporary potable water, a reclaimed water permit as described in division (C) of this section must be obtained for new on-site distribution facilities. Prior to commencement of reclaimed water service, an inspection of the on-site facilities will be conducted to verify that the facilities have been maintained and are in compliance with the reclaimed water permit and current requirements of service. Upon a determination that the reclaimed water facilities are not in compliance, the applicant shall be notified of necessary corrective actions and shall have at least 30 days to take such actions prior to initiation of enforcement proceedings, if required.

(F) Requested service. On a case by case basis, upon application for a permit to use reclaimed water on a property not otherwise covered by this section, the City of Corona shall review the Master Plan and make a determination whether the subject property shall be served with reclaimed water. Based upon such determination, the application for the permit shall be accepted and processed subject to the provisions of division (C) of this section. If the potential reclaimed water customer and the city cannot agree on terms for the provision of reclaimed water service, or if the city determines that reclaimed water is not available for the proposed use, the city may, in its sole and absolute discretion, refuse to provide such service.

(G) Reclaimed water rate. The rate charged for reclaimed water shall be established by resolution of the City of Corona.

(H) Dual plumbing for reclaimed water.

(1) Requirement for dual plumbing. If the Director determines that a proposed new project is close enough to an existing or planned reclaimed water service pipeline to permit the city to furnish reclaimed water to the project, the project shall install reclaimed water service lines to the curb line or property line of the property, abutting on a public street, highway, road or city easement. The reclaimed water service lines shall be connected to all of the project's facilities which applicable law allows to use reclaimed water. A water meter shall be installed for the reclaimed water service lines, which shall be separate from the meter for potable water service and from the meter for landscaping water, if there is one. The size, location, and/or type of reclaimed water service lines, service connections, meters, backflow protection devices, and other appurtenances are subject to review and approval by the city.

(2) Rates and charges. Every project required to install reclaimed water service lines pursuant to subdivision (1) shall pay the city's reclaimed water meter fee, and a new reclaimed water meter set up and installation fee. Fees and charges for water system improvements shall be charged for the reclaimed water service as provided in Chapter 13.14 of this code. The minimum monthly service charge paid for reclaimed water shall be established by resolution or ordinance of the City Council, provided that only a single minimum monthly charge shall be imposed for each building containing both potable and reclaimed water systems. Notwithstanding the foregoing, separate minimum monthly charges shall be imposed for customers with both a potable water system and a reclaimed water system that is used for non-sanitary purposes, such as a dedicated landscape system or industrial process water. All fees applicable to potable water service, including, but not limited to, late fees, disconnection fees, and other fees required for potable water service in § 13.14.100, shall also apply separately to reclaimed water service.

(`78 Code, § 13.28.050.) (Ord. 3346 § 6, 2022; Ord. 3106 § 2, 2012; Ord. 2974, §§ 2, 3, 2009; Ord. 2544 § 5, 2001.)

(A) Intent. The City of Corona recognizes that to maintain adequate wastewater quality for water reclamation treatment processes and to protect persons and public and private property, restrictions may be required on certain industrial, commercial and residential waste discharges to the city sewerage system located within a designated tributary area of an existing or planned reclamation facility.

(B) Adopted tributary protection measures. Types or classes of waste discharges to the sewerage system from any industrial, commercial or residential source may be restricted or prohibited upon a finding, following a noticed public hearing, that the type or class of discharge involved is capable of causing or may cause substantial damage or harm to any sewage treatment or reclamation facility or to any significant user or users or potential user or users of reclaimed water within an area which has been planned for reclaimed water service. (See also § 13.08.210 of this code.)

(`78 Code, § 13.28.060.) (Ord. 3346 § 6, 2022; Ord. 2544 § 6, 2001.)

(A) Public nuisance. Discharge of wastes or the use of reclaimed water in any manner in violation of this chapter or of any permit issued hereunder, including, but not limited to, the use of reclaimed water for potable purposes or the introduction of reclaimed water into potable water systems, is declared a public nuisance and shall be corrected or abated as directed by the City of Corona, pursuant to the requirements of this code. Any person creating such a public nuisance is guilty of a misdemeanor.

(B) Administrative enforcement powers. In addition to the other enforcement powers and remedies established by this chapter, an authorized city enforcement officer has the authority to pursue and take the following administrative actions.

(1) Cease and desist orders. When an authorized enforcement officer finds that an activity, waste discharge, practice or operation has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such activity, waste discharge, practice or operation likely to cause such violation and direct that those persons not complying shall:

(a) Comply with the requirement;

(b) Comply with a time schedule; and/or

(c) Take appropriate remedial or preventive action to prevent the violation from recurring.

(2) Written warning. An authorized enforcement officer may issue a written warning, including a compliance date, to persons who are found to be or are suspected of violating this chapter.

(C) Civil actions. In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, and the court may grant, as appropriate, any or all of the following remedies:

(1) A temporary and/or permanent injunction;

(2) Assessment of the violator for the costs of any investigation or monitoring survey which led to the establishment of the violation and for the reasonable costs of preparing and bringing legal action under this subsection;

(3) Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation; or

(4) Compensatory damages for loss or destruction to water quality. Assessments under this subsection shall be paid to the city and used exclusively for costs associated with monitoring and establishing systems to protect water quality and/or implementing or enforcing the provisions of this chapter.

(D) Permit revocation. In addition to any other statute or rule authorizing termination of water service, the City of Corona may revoke a reclaimed water permit issued hereunder if a violation of any provision of this chapter is found to exist or if a waste discharge or use of reclaimed water causes or threatens to cause a nuisance.

(E) Penalty. Any person or entity who violates this chapter shall, for each day of violation, or portion thereof, be subject to a fine not exceeding $1,000. In addition, water service to the property may be discontinued.

(F) Appeal.

(1) Any person required to perform monitoring, analyses, reporting and/or corrective activities by an authorized enforcement officer pursuant to division (B) of this section or whose recycled water permit or water service has been revoked pursuant to this section may appeal such action or revocation in writing to the Director of the City Department of Water Utilities for reconsideration within ten days following the effective date of the decision. The written notice of appeal shall state in detail the specific facts supporting the request for reconsideration. Within 30 days of receiving such request, the Director shall render a decision on the request for reconsideration.

(2) Within ten days after notification of the Director’s decision, the person may file a written appeal of the Director’s decision with the City Council. The written appeal to the City Council and a requisite filing fee must be submitted to the City Clerk. Upon receipt of the written appeal and the requisite filing fee, the City Clerk shall set the matter for hearing with the City Council at the earliest practical date. At the hearing, the City Council may hear additional evidence and may reject, affirm or modify the Director’s decision. The City Council decision shall be final and shall complete the administrative process.

(`78 Code, § 13.28.070.) (Ord. 3346 § 6, 2022; Ord. 2544 § 7, 2001.)