Encinitas Municipal Code Art. 21 Recycled and Non-Potable Water

It is the intent of the District that all recycled and non-potable water will be distributed and used in a manner that complies with all Federal, State and local requirements and in a manner which will achieve all of the following:

(a) Prevent direct human consumption of the recycled or non-potable water;

(b) Control and limit runoff of recycled or non-potable water by controlling the installation and operation of systems using recycled or non-potable water; and

(c) Prevent contamination of potable water supplies.

(Res. No. 2020-02, adopted 5/20/20)

The delivery and use of recycled and non-potable water will, in all cases, be contingent upon complete satisfaction of the requirements of all applicable regulatory agencies, including all requirements of the District.

(Res. No. 2020-02, adopted 5/20/20)

The Board finds and determines that a comprehensive set of Rules and Regulations for Reclaimed and Non-Potable Water Service within the District should be established based upon the following:

(a) Pursuant to Water Code Section 13500 et seq., the Legislature has determined that recycled water should be made available to meet growing water needs of the state. To achieve the goals in Water Code Section 13577, recycled water producers, retail water suppliers, and recycled water wholesalers are authorized to identify potential uses of recycled water.

(b) The available water supplies projected for Southern California indicate the probability of a shortage if new sources or non-potable water cannot be developed and made available.

(c) The District is partially dependent upon imported water distributed from the California Aqueduct System and the Colorado River Aqueduct by the Metropolitan Water District of Southern California via the San Diego County Water Authority (the Authority). Local water from Lake Hodges is also used to meet overall District water demands. The Authority has notified the District that existing water demands may require a significant reduction in the volume of water presently being provided to the District from the Authority.

(Res. No. 2020-02, adopted 5/20/20)

These rules and regulations shall apply to all persons, owners, customers, project proponents, developers and property within the service area of the District.

(Res. No. 2020-02, adopted 5/20/20)

The District’s General Manager or his or her designated representative, is hereby authorized and directed to distribute the Rules and Regulations for Recycled and Non-Potable Water Service hereby adopted to the California Regional Water Quality Control Board, State of California Department of Health and the County of San Diego, Department of Health.

(Res. No. 2020-02, adopted 5/20/20)

The use of recycled water is regulated by the California Regional Water Quality Control Board (RWQCB). Permission for the use of recycled water is based in part on meeting the requirements of Title 22, Chapter 3 of the California Administrative Code. The Title 22 regulations were promulgated by the State Department of Health Services for the purpose of ensuring protection of public health and to specify the degree of water treatment required for particular uses of recycled water. The RWQCB, in association with the State Health Department, establishes discharge requirements. In accordance with discharge requirements for recycled water, the RWQCB requires that rules and regulations for the use of recycled water be established. These Rules and Regulations shall also apply to the use of all non-potable water, including, but not limited to, raw-unfiltered imported water, storm drain run-off, creek-inflows and groundwater sources.

(a) Establishing Rules and Regulations. The General Manager or his or her designated representative is authorized and directed to draft and amend, from time to time, the Rules and Regulations for the use of Recycled and Non-Potable Water within the District. The Rules and Regulations shall be distributed to the California Regional Water Quality Control Board, the State Water Resources Control Board, and the San Diego County Health Department for their approval, and as amended from time to time, to ensure the preservation of these beneficial uses and to protect public health.

(b) Conversion Determination. The District shall make preliminary determinations as to which existing potable water customers shall be converted to the use of recycled water. Each water customer shall be notified of the basis for a determination that conversion to recycled water service will be required, as will the proposed conditions and schedules for conversion.

(c) Notice. The notice of the preliminary determination, including the proposed conditions and time schedule for compliance, and a recycled water permit application shall be sent to the water customer by certified mail.

(d) Objections; Appeals. The water customer may file a notice of objection with a District within 30 days after any notice of determination to comply is delivered or mailed to the customer, and 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 preliminary determination shall be final if the customer does not file a timely objection. The General Manager shall review the objection and shall confirm, modify or abandon the preliminary determination. Upon issuance of a final determination by staff, the customer may appeal the determination to the General Manager and, ultimately, to the Board.

(Res. No. 2020-02, adopted 5/20/20)

If any section, subsection, sentence, clause, phrase or portion of these Rules and Regulations for Recycled and Non-Potable Water Service being adopted are, for any reason, held to be invalid or unconstitutional by a valid judgment or any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of these Rules and Regulations for Recycled and Non-Potable Water Service. It is hereby declared that these Rules and Regulations for Recycled and Non-Potable Water Service and each section, subsection, sentence, clause, phrase, part or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.

(Res. No. 2020-02, adopted 5/20/20)

All prior actions of the District adopting earlier Rules and Regulations for Recycled and Non-Potable Water Service are hereby rescinded and replaced with the provision in this Article.

(Res. No. 2020-02, adopted 5/20/20)