Fresno Municipal Code Art. 9 Recycled Water Ordinance

This section shall be known as the "Recycled Water Ordinance" of the City of Fresno and may be so cited.

(Added Ord. 2014-32, § 1, eff. 8-29-14).

The purpose and intent is to provide recycled water to all service areas in the City identified in the Recycled Water Master Plan (RW Master Plan) and subsequent additions, revisions or updates of the RW Master Plan. It is the intent of the City that existing owners of property and future development, identified in the RW Master Plan as being potential users within areas designated for recycled water use, qualify for a recycled water use agreement from the City in accordance with this Recycled Water Ordinance.

It is also the intent of the City that such recycled water be used in a manner and for types of uses that are in compliance with any and all applicable Federal, State and local statues, ordinances, regulations and other requirements.

(Added Ord. 2014-32, § 1, eff. 8-29-14; Am. Ord. 2021-026, § 1, eff. 7-22-21).

(a) "Approved use" means the uses defined by State law as being approved for use of tertiary treated recycled water.

(b) "Cross-connection" means any unapproved and/or unprotected connection between a potable water system and a non-potable system. No cross connections are allowed between recycled water and potable water systems.

(c) "Customer", "Consumer", or "User" means a person or entity having a connection to the recycled water system or potable water system owned and operated by the City.

(d) "Dual plumbed system" means a system that utilizes separate piping systems for recycled water and potable water within a facility and where the recycled water is used for either of the following:

a. To serve plumbing outlets (excluding fire suppression systems) within a building, or

b. Outdoor landscaping irrigation at individual residences.

(e) "On-site recycled water system" means facilities under the control of the owner, normally downstream of the recycled water meter.

(f) "Potable water" means water which conforms to the Federal, State and local standards for human consumption.

(g) "Recycled water" means non-potable tertiary treated water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource.

(h) "Recycled water distribution system" means recycled water pipelines, transmission mains, pump stations, storage reservoirs, and appurtenances acquired or constructed and owned by the City, and used for the conveyance of recycled water between the wastewater treatment plant and the recycled water service connections.

(i) "Recycled water project area" means those geographical areas identified in the Fresno RW Master Plan and designated by the City to which the City will provide recycled water service where it is expected to be available. Customers within the Recycled Water Project Area are eligible for recycled water service for approved uses when it becomes available.

(j) "Recycled water service connection" means the point of connection (POC) of the user/customer's recycled water line with the recycled water service line of the City, which shall normally be the downstream end of the recycled water meter tailpiece.

(k) "Rules and regulations" means the Rules and Regulations for Recycled Water Use and Distribution within the City of Fresno, as may be amended from time to time.

(l) "Use area" means an area of recycled water use with defined boundaries. A use area may contain one or more facilities.

(Added Ord. 2014-32, § 1, eff. 8-29-14; Am. Ord. 2021-026, § 2, eff. 7-22-21).

The Director of the Department of Public Utilities (Director) shall administer, implement, and enforce the provisions of this section. Any powers granted to or duties imposed upon the Director may be delegated by the Director to persons in the employ of the City.

The Director will develop and enforce rules and regulations necessary to the administration of this section. The Director may amend such rules and regulations from time to time as conditions require. These rules and regulations shall be consistent with the general policy established herein by the City.

(Added Ord. 2014-32, § 1, eff. 8-29-14).

Recycled water shall not be delivered, used, or discharged upon any property or use area, including those owned and controlled by the City, unless a user agreement has been executed.

The City will issue to each recycled water customer a user agreement for each site or combination of sites, which grants permission to use recycled water and requires the customer to use recycled water in accordance with the rules, regulations and standards of the City's Recycled Water Rules and Regulations and all applicable State and local rules and regulations, including Titles 17 and 22 of the California Code of Regulations (CCR) and General Order WQ 2016-0068-DDW Recycled Water Use, as may be amended from time to time.

(Added Ord. 2014-32, § 1, eff. 8-29-14; Am. Ord. 2021-026, § 3, eff. 7-22-21).

Users shall designate a Recycled Water Site Supervisor in accordance with the rules, regulations, and standards set forth in the City's Recycled Water Rules and Regulations and all applicable State and local rules and regulations, as may be amended from time to time. The Recycled Water Site Supervisor shall be responsible for the On-Site Recycled Water System at each use area under their control.

(Added Ord. 2021-026, § 4, eff. 7-22-21).

Editor's note— Ord. 2021-026, §§ 4 and 5, effective July 22, 2021, amended the Code by adding a new § 6-906, and renumbering former § 6-906 as a new § 6-907.

Applicants wishing to use recycled water shall file applications for recycled water use with the Department of Public Utilities. The application shall contain such information as required by the Department of Public Utilities. The application shall be reviewed for conformance with the requirements in this section, the RW Master Plan and all other applicable statutes. Upon determination that a property can be served with recycled water, and approval of the application, the owner of the property may become a user by entering into a user agreement that complies with the regulations and such other requirements deemed necessary by the Department of Public Utilities.

(Added Ord. 2014-32, § 1, eff. 8-29-14; Am. Ord. 2021-026, § 5, eff. 7-22-21).

Note— Former § 6-906. See editor's note, § 6-906.

The price applicable to recycled water service shall be set forth in the user agreement.

(Added Ord. 2021-026, § 6, eff. 7-22-21).

Editor's note— Ord. 2021-026, §§ 6 and 7, effective July 22, 2021, amended the Code by adding new §§ 6-908 and 6-909; §§ 8—17 of said ordinance renumbered former §§ 6-907—6-916 as new §§ 6-910—6-919.

The Director of Public Utilities may develop and authorize incentives to encourage the use of recycled water.

(Added Ord. 2021-026, § 7, eff. 7-22-21).

Note— See editor's note, § 6-908.

All areas served by potable water service within the Recycled Water Project Area are eligible for recycled water service connections for approved uses when recycled water becomes available. Except for those properties identified in Section 6-911, construction of recycled water infrastructure for connection to the recycled water system is voluntary.

However, the Director, or designee, may determine that currently, connection to the recycled water system and/or provisioning of recycled water is not economically or operationally feasible because of distance from an available recycled water source or other such condition as the Director, or designee, deems appropriate. This determination can change as the system is expanded or revised in the future and will be considered at that time.

(Added Ord. 2014-32, § 1, eff. 8-29-14; Am. Ord. 2021-026, § 8, eff. 7-22-21).

Note— Former § 6-907. See editor's note, § 6-908.

Upon application by a developer, owner or water customer for a development project involving a new or expanded water connection, for which a discretionary approval is required, including but not limited to a tentative map, tentative parcel map, conditional use permit, development permit, planned development permit, or variance, the Director shall review the RW Master Plan and make a preliminary determination whether the proposed use of the subject property would be best served by facilities designed to accommodate the use of recycled water either currently or in the future, due to its location within an existing or proposed Recycled Water Project Area. Based upon such determination, construction of the facilities necessary to provide recycled water service may be required as a condition of approval of any such application, in addition to any other conditions of approval or service.

a. Requirement for Commercial, Industrial, Institutional and Governmental Development Projects in Recycled Water Project Area. Commercial, industrial, and institutional or governmental development projects involving a new or expanded water connection, for which a discretionary approval is required, including but not limited to, a tentative map, tentative parcel map, conditional use permit, development permit, planned development permit, or variance located within the existing or proposed Recycled Water Project Area, may be conditioned to be dual plumbed to provide for the potential internal use of recycled water and to provide for the potential use of recycled water for landscape irrigation. The point of connection to the recycled water distribution system shall be coordinated between the customer and the City. The Director will determine requirements for recycled water plumbing. These requirements will become conditions of approval.

b. Requirement for Residential Uses in the Recycled Water Project Area.

Apartments and Condominiums: Apartment and Condominium projects involving a new or expanded water connection, for which a discretionary approval is required, including but not limited to, a tentative map, tentative parcel map, conditional use permit, development permit, planned development permit, or variance and are located within the existing or proposed Recycled Water Project Area, may be required to be dual plumbed to provide for the potential internal use of recycled water or to provide for the potential use of recycled water for landscape irrigation in common areas. The point of connection to the recycled water distribution system shall be coordinated between the customer and the City. The Director will determine requirements for recycled water plumbing. These requirements will become conditions of approval.

New Single Family Residential Developments: Single family residential home projects involving new residential developments for which a discretionary approval is required, including but not limited to, subdivisions of land for which a tentative map or tentative parcel map is required and are located within the existing or proposed Recycled Water Project Area, may be required to provide for the potential use of recycled water for landscape irrigation in common areas served by Community Facilities Districts or Lighting and Landscape Maintenance Districts. The point of connection to the recycled water distribution system shall be coordinated between the customer and the City. These requirements will become conditions of approval.

(Added Ord. 2014-32, § 1, eff. 8-29-14; Am. Ord. 2021-026, § 9, eff. 7-22-21).

Note— Former § 6-908. See editor's note, § 6-908.

Existing commercial or industrial areas and new commercial, industrial, or residential development common areas located outside of the Recycled Water Project Area may be eligible for voluntary use of recycled water in accordance with the City and State rules and regulations upon Director approval. Based upon such determination, an agreement for such use may be required as a condition of approval of any such application, in addition to any other conditions of approval or service.

(Added Ord. 2014-32, § 1, eff. 8-29-14; Am. Ord. 2021-026, § 10, eff. 7-22-21).

Note— Former § 6-909. See editor's note, § 6-908.

Existing potable water customers in the Recycled Water Project Area may be provided with the opportunity by the City to retrofit their system to accept recycled water.

(Added Ord. 2014-32, § 1, eff. 8-29-14; Am. Ord. 2021-026, § 11, eff. 7-22-21).

Note— Former § 6-910. See editor's note, § 6-908.

Any person applying for a construction permit for a project that includes dust control activities is required to use recycled water for those activities within the Recycled Water Project Area, if feasible based on the project's proximity to a recycled water fill station.

(Added Ord. 2014-32, § 1, eff. 8-29-14; Am. Ord. 2021-026, § 12, eff. 7-22-21).

Note— Former § 6-911. See editor's note, § 6-908.

The City will at all times have Recycled Water Rules and Regulations which will be prepared, maintained and updated by the Director, or designee. The purpose of the Recycled Water Rules and Regulations is to detail the requirements of the City's recycled water system, namely: this section; the California Code of Regulations Titles 17 and 22; and other State and local rules and regulations related to the use of recycled water as they may be adopted or changed from time to time.

(Added Ord. 2014-32, § 1, eff. 8-29-14; Am. Ord. 2021-026, § 13, eff. 7-22-21).

Note— Former § 6-912. See editor's note, § 6-908.

Any owner and or operator who violates this Recycled Water Ordinance may, for each day of violation, or portion thereof, be subject to penalties in accordance with Chapter 1, Article 3 of the City Municipal Code.

(Added Ord. 2014-32, § 1, eff. 8-29-14; Am. Ord. 2021-026, § 14, eff. 7-22-21).

Note— Former § 6-913. See editor's note, § 6-908.

Any person, firm, corporation, association, or agency found to be violating any provisions of this section or the terms and conditions of the user agreement, permit or any applicable Federal, State, County, or City statute, regulation, resolution, ordinance or other requirement may be subject to termination of the recycled water service without notice.

(Added Ord. 2014-32, § 1, eff. 8-29-14; Am. Ord. 2021-026, § 15, eff. 7-22-21).

Note— Former § 6-914. See editor's note, § 6-908.

In the event of any conflict, between the provisions of the most current version of the Uniform Plumbing Code, and the provisions of this Section, the provisions of this Section shall apply.

(Added Ord. 2014-32, § 1, eff. 8-29-14; Am. Ord. 2021-026, § 16, eff. 7-22-21).

Note— Former § 6-915. See editor's note, § 6-908.

If any section, subsection, provision or part of this Recycled Water Ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this Recycled Water Ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Recycled Water Ordinance are severable.

(Added Ord. 2014-32, § 1, eff. 8-29-14; Am. Ord. 2021-026, § 17, eff. 7-22-21).

Note— Former § 6-916. See editor's note, § 6-908.