Lancaster Municipal Code Ch. 13.24 Water Recycling

The state policies described above are in the best interest of the city. The ordinance codified in this chapter is necessary to protect the common water supply of the region which is vital to public health and safety, and to prevent endangerment of public and private property. The city is highly dependent on limited imported water for domestic, agricultural and industrial uses. The reliability of the supply of imported water is uncertain. By developing and utilizing recycled water, the need for additional imported water can be reduced. In light of these circumstances, certain uses of potable water may be considered unreasonable where recycled water is available. Recycled water should be more readily available in seasons of drought when the supply of potable water for nonessential uses may be uncertain.

(Ord. 841 § 1 (part), 2005)

It is the policy of the city that recycled water determined to be available pursuant to Section 13550 of the Water Code shall be used for nonpotable uses within the designated recycled water use areas set forth by the city wherever there is not an alternative higher or better use for the recycled water, its use is economically justified, financially and technically feasible, and consistent with legal requirements, preservation of public health, safety and welfare, and the environment.

(Ord. 841 § 1 (part), 2005)

The following terms are defined for purposes of the ordinance codified in this chapter:

"Agricultural purposes" includes the growing of field and nursery crops, row crops, trees, and vines and the feeding of fowl and livestock.

"Artificial lake" means a human-made lake, pond, lagoon, or other body of water that is used wholly or partly for landscape, scenic or noncontact recreational purposes.

"Commercial office building" means any building for office or commercial uses with water requirements which include, but are not limited to, landscape irrigation, toilets, urinals and decorative fountains.

"Recycled water distribution system" mean a piping system intended for the delivery of recycled water only and which is separate from any potable water distribution system.

"Greenbelt areas" means a greenbelt area includes, but is not limited to, golf courses, cemeteries, parks and landscaping.

"Industrial process water" means water used by any industrial facility with process water requirements which include, but are not limited to, rinsing, washing, cooling and circulation, or construction, including any facility regulated by the industrial waste discharge ordinance of the city.

"Off-site facilities" means water facilities from the source of supply to the point of connection with the on-site facilities, including the water meter.

"On-site facilities" means water facilities under the control of the owner, downstream from the water meter.

"Potable water" means water which conforms to the federal, state and local standards for human consumption.

"Public works director" means public works director shall mean the director of the city's public works department or designated representatives.

"Recycled water" means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur. (See Water Code Section 13050(n).)

(Ord. 841 § 1 (part), 2005)

A. General. Upon adoption of the ordinance codified in this chapter, the city shall prepare and adopt a water recycling master plan to define, encourage, and develop the use of recycled water within its boundaries. The master plan shall be periodically updated.

B. Contents of the Water Recycling Master Plan. The master plan shall include, but not be limited to, the following:

1. Plants and Facilities. An evaluation of the location and size of present and future reclamation treatment plants, distribution pipelines, pump stations, reservoirs, and other related facilities, including cost estimates and potential financing methods.

2. Recycled Water Service Areas. A designation, based on the criteria set forth in Section 13.24.020 and the information derived from Section 13.24.040(B)(1) and 13.24.040(B)(2), of the areas within the boundaries of the city that can or may in the future, use recycled water in lieu of potable water. Recycled water uses may include, but are not limited to, the irrigation of greenbelt, school grounds, and agricultural areas, filling of artificial lakes, and appropriate industrial and commercial uses.

3. Mandatory Recycled Water Use. For each recycled water service area, evaluate whether greenbelt irrigation, school ground irrigation, agricultural irrigation, commercial office buildings, filling of artificial lakes, or industrial processes shall be limited to the use of recycled water. As appropriate, mandate construction of recycled water distribution systems or other facilities in new and existing developments for current or future recycled water use as a condition of any development approval or continued water service if future water recycling facilities are proposed in the master plan that could adequately serve the development, in accordance with the procedures described in Section 13.24.050.

4. Rules and Regulations. General rules and regulations governing the use and distribution of recycled water shall be kept on file with the city clerk and be available for review by any member of the public.

(Ord. 841 § 1 (part), 2005)

A. Existing Potable Water Service.

1. Preliminary Determination. Based upon the master plan, upon the designation of each recycled water service area or the commencement of the design of new recycled water facilities, the public works director 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 well as the proposed conditions and schedule for conversion.

2. Notice. The notice of the preliminary determination, including the proposed conditions and time schedule for compliance, and a recycled water permit application shall be provided to the water customer.

3. Objections—Appeals. The water customer may file a notice of objection with the 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 public works director shall review the objection and shall confirm, modify or abandon the preliminary determination. Upon issuance of a final determination by the public works director, customer may appeal the determination to the city council in accordance with the uniform appeal procedure set forth in Chapter 2.44 of the Lancaster Municipal Code.

B. Development and Water Service Approvals.

1. Conditions. Upon application by a developer, owner or water customer (herein referred to as "applicant") for a new industrial, commercial, or residential subdivisions located within the designated recycled water use areas for which a tentative map or parcel map is required pursuant to Government Code Section 66426, the public works director shall review the master plan and make a preliminary determination whether the current or proposed use of the subject property is required to be served with recycled water or to include facilities designed to accommodate the use of recycled water in the future. Based upon such determination, use of recycled water and provision of recycled water distribution systems or other facilities for the use of recycled water, and application for a permit for such use may be required as a condition of approval of any such application, in addition to any other conditions of approval.

2. Alterations and Remodeling. On a case by case basis, upon application for a permit for the alteration or remodeling of multi-family, commercial or industrial structures (including, for example, commercial office buildings), the public works director shall review the master plan and make a preliminary determination whether the subject property shall be required to be served with recycled water or to include facilities designed to accommodate the use of recycled water in the future. Based upon such determination, use of recycled water and provision of recycled water distribution systems or other facilities for the use of recycled water, and 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, proposed conditions of approval and schedule for compliance shall be provided to the applicant prior to approval of the development application.

4. Requested Service. On a case by case basis, upon application for a permit to use recycled water on a property not covered by subsections A(1), B(1), or B(2) above, the public works director shall review the master plan and make a determination whether the subject property shall be served with recycled water. Based upon such determination, the application for the permit shall be accepted and processed subject to subsection C below.

C. Recycled Water Permit Process. Upon a final determination by the public works director that a property shall be served with recycled water, or adoption of a condition of development approval requiring use or accommodation of the use of recycled water, the water customer, owner or applicant shall obtain a recycled water permit.

1. Permit Conditions. The permit shall specify the design and operational requirements for the applicant's water distribution facilities and schedule for compliance, based on the rules and regulations adopted pursuant to Section 13.24.040(B) and shall require compliance with both the California Department of Health Services Wastewater Recycling Criteria (see California Code of Administrative Regulations, Title 22), and requirements of the regional water quality control board.

2. Plan Approval. Plans for the recycled and non recycled water distribution systems for the parcel shall be reviewed by the public works director and a field inspection conducted before the permit is granted.

3. Permit Issuance. Upon approval of plans the permit shall be issued. Recycled water shall not be supplied to a property until inspection by the public works director determines that the applicant is in compliance with the permit conditions. Recycled water service shall not commence within the designated recycled water use area in any service area of a private utility, as defined in Section 1502 of the Public Utilities Code, or to any service area of a public agency retail water supplier that is not a city, county or city and county, except in accordance with a written agreement between the recycled water producer and the private utility or public agency retail water supplier.

D. Temporary Use of Potable Water. At the discretion of the public works director, potable water may be made available on a temporary basis, until recycled water is available. Before the applicant receives temporary potable water, a water recycling permit, as described in Section 13.24.050(C), must be obtained for new on-site distribution facilities. Prior to commencement of recycled 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 recycled water permit and current requirements for service. Upon verification of compliance, recycled water shall be served to the parcel for the intended use. If the facilities are not in compliance, the applicant shall be notified of the corrective actions necessary and shall have at least thirty (30) days to take such actions prior to initiation of enforcement proceedings.

E. Recycled Water Rate. The rate charged for recycled water shall be established by resolution of the city council. Annually water rates shall be adjusted for inflationary factors using the Los Angeles Area (CPI) as published by the U.S. Department of Labor.

(Ord. 841 § 1 (part), 2005)

A. Public Nuisance. Discharge of wastes or the use of recycled water in any manner in violation of the ordinance codified in this chapter or of any permit issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the public works director. Any person creating such a public nuisance is guilty of a misdemeanor.

B. Injunction. Whenever a discharge of wastes or use of recycled water is in violation of the ordinance codified in this chapter or otherwise causes or threatens to cause a condition of nuisance, the public works director may seek injunctive relief as may be appropriate to enjoin such discharge or use.

C. Permit Revocation. In addition to any other statute or rule authorizing termination of water service, the public works director may revoke a permit issued hereunder if a violation of any provision of the ordinance codified in this chapter is found to exist or if a discharge of wastes or use of recycled water causes or threatens to cause a nuisance.

D. Penalty. Any owner and/or operator who violates the ordinance codified in this chapter shall, for each day of violation, or portion thereof, be subject to a fine not exceeding one thousand dollars ($1,000.00). In addition, water service to the property may be discontinued.

(Ord. 841 § 1 (part), 2005)

If any provision of the ordinance codified in this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance codified in this chapter and the application of such provisions to other persons or circumstances shall not be affected thereby.

(Ord. 841 § 1 (part), 2005)