Mountain House Municipal Code Ch. 1 General Provisions

It is the policy of the City of Mountain House that recycled water determined to be available pursuant to Section 13550 of the Water Code, as may be amended from time to time, may be used for non-potable uses within designated recycled water use areas set forth within the City's jurisdiction.

(Ord. 2024-23, § 1(Exh. A), 2024)

The purpose of the ordinance codified in this Chapter is to establish rules and regulations including procedures, specifications, and limitations for safe and orderly development and operations of recycled water facilities and systems within the City's jurisdiction.

(Ord. 2024-23, § 1(Exh. A), 2024)

The goals of this Chapter are as follows:

(a) Achieve conservation of potable water supplies by using, to the maximum economical and feasible extent possible, recycled water for current and future non-potable water uses irrigation demands. Recycled water uses shall be for the maximum public benefit and may include:

(1) Agricultural irrigation;

(2) Commercial uses;

(3) Construction use;

(4) Industrial processes;

(5) Landscape irrigation;

(6) Landscape and/or recreational impoundments;

(7) Wildlife habitat;

(8) Parks and open space.

(b) Prevent direct human consumption of recycled water through:

(1) Adherence to all applicable rules and regulations;

(2) Posting of warning signs by the user;

(3) Cross-connection/backflow prevention program.

(c) Produce recycled water consistent with "disinfected tertiary 2.2 recycled water" quality, as described in Title 22 of the California Code of Regulations.

(d) Control runoff of recycled water through monitoring of the installation and operation of all recycled water facilities and use areas.

(e) Monitor recycled water quality.

(Ord. 2024-23, § 1(Exh. A), 2024)

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Chapter, in addition to the definitions set forth in Title 22, Division 4, Chapter 3, regulations of the California Code of Regulations, shall have the meanings hereinafter designated.

"AFY" means acre-feet per year.

"Agricultural" refers to the growing of field and nursery crops, row crops, trees, and vines; and the feeding of fowl and livestock.

"Air-gap separation" means a physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, and in no case less than one (1) inch.

"Applicant" means any person, group, firm, partnership, corporation, association, or agency that applies for recycled water service.

"Application rate" means the rate at which irrigation water is applied to a design or use area, expressed in gallons per minute.

"Approved use" means an application of recycled water in a manner, and for a purpose, designated in a user permit issued by the City and in compliance with all applicable regulatory agency requirements.

"Approved use area" means a site, with well-defined boundaries, designated in a permit for recycled water service issued by the City to receive recycled water for an approved use as acknowledged by all applicable regulatory agencies.

"As-built drawings" means the record drawings that show the completed facilities as constructed or modified.

"Auxiliary water supply" means any water supply on or available to the premises other than the City's potable water.

"AWWA" means the American Water Works Association.

"Check valve" means a check valve that seats readily and completely. It must be carefully machined to have free moving parts and assure water tightness. The face of the closure element and valve seat must be bronze or other non-corrodible material that will seat tightly under all prevailing conditions of field use. Pins and bushings shall be of bronze or other non-corrodible, non-sticking material. The closure element (e.g., clapper) shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.

"City Manager" means the City Manager of the City of Mountain House, the duly appointed manager of the recycled water system of the City.

"Commercial/industrial use" means the water used for toilets, urinals, decorative fountains, decorative indoor and outdoor landscape, industrial process such as rinsing, washing, cooling, flushing, circulation, or construction; and other uses approved by the City.

"Connection fee" means a fee imposed by the City for obtaining recycled water service from the City by means of its recycled water facilities, including, but not necessarily limited to, a service activation fee.

"Construction water" means water used for dust control during construction.

"Cross-connection" means any unapproved and/or unprotected, actual or potential, connection between any part of a potable water system and any equipment, source, or system containing water or other substances not approved as safe and potable for human consumption.

"Customer" means any person, group, firm, partnership, corporation, association, or agency that legally receives recycled water service from the City.

"CVRWQCB" means the Central Valley Regional Water Quality Control Board.

"DDW" means California State Water Resources Control Board Division of Drinking Water.

"Direct beneficial use" means the use of recycled water, which has been transported from the point of production to the point of use, without an intervening discharge to waters of the state.

"Discharge" means any release or distribution of recycled water to a use area or disposal site/mechanism (outfall, live stream discharge, municipal sewage system). All discharges of recycled water must be approved by the City.

"GO" means the Recycled Water General Order WQ-2016-0068-DDW.

"Greenbelt areas" means those areas including, but not limited to, parkways, parks, rights-of-way, and landscaping within and/or surrounding a community.

"Industrial process water" is 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.

"Infiltration rate" means the rate at which water penetrates the soil surface and enters the soil profile.

"Landscape impoundment" means a body of water containing recycled water, which is used for aesthetic or irrigation purposes and which is not intended for public contact or ingestion.

"Landscape irrigation/use" means recycled water used for the propagation and maintenance of trees, shrubs, ground cover and turf used for erosion control and aesthetic value, not for resale/profit purposes.

"NOA" means the City's Notice of Applicability for coverage under the Recycled Water General Order WQ-2016-0068-DDW, issued by the CVRWQCB.

"Non-potable water" means water that has not been treated for, or is not acceptable for, human consumption, in conformance with federal, state and local water standards. Non-potable water includes recycled water.

"Off-site facilities" means all existing or proposed facilities under the control of the purveyor, from the source of supply to the point of connection with the customer's on-site facilities, normally up to and including the agency's meter and meter box.

"On-site recycled water supervisor" means a qualified person designated by a recycled water user and trained by the City to be responsible for the safe and efficient operation of the user's recycled water system. This person shall be knowledgeable in the operation of the recycled water system, and in the application of federal, state and local guidelines, criteria, standards and rules and regulations governing the use of recycled water.

"Open space" means land that has been designated to remain undeveloped. These areas may receive recycled water service for agricultural or landscape irrigation, or other approved uses.

"Permit" means a processed and approved application package to, and agreement with, the City for recycled water service.

"POC" means the point of connection at the recycled water service meter.

"Ponding" means the retention of recycled water on the ground surface or manmade surface for a period of time following the cessation of an approved recycled water use activity, such that potential hazard to the public health may result, as determined by regulatory agencies.

"Potable water" means water which conforms to the latest federal, state and local drinking water standards.

"Recreational impoundment" means a body of recycled water used for recreational activities including, but not limited to, fishing, boating, and/or swimming. Allowable uses will depend on treatment level of the recycled water.

"Recycled water" means as defined in Title 22, Division 4, of the California Code of Regulations, water, which as a result of treatment of wastewater, is suitable for direct beneficial use or a controlled use that otherwise would not occur. The treatment of wastewater is accomplished in accordance with the criteria set forth in the code.

"Recycled water facilities" means the systems, structures, and processes used in the treatment, storage, pumping, transmission and distribution of recycled water.

"Regulatory agency" means those public entities legally constituted by federal, state and local statutes to protect health and water quality.

"Residential irrigation" means residential or multifamily front or backyard irrigation dual plumbed within the development area.

"Rules and regulations" means the City rules and regulations for use of recycled water as approved by the CVRWQCB. The rules and regulations may be amended from time to time.

"Runoff" means the flow of water along natural or manmade surfaces away from the designated use area.

"Secondary effluent" means any wastewater that has been treated by gravity sedimentation to remove settled solids remaining after the primary biological treatment process.

"Service" means the delivery of recycled water to a user.

"Service area" means the City of Mountain House utilities service area.

"Service connection" means City facilities between the City recycled water distribution system and the customer's meter, including, but not limited to, the meter, meter box, valves, and piping equipment.

"Standard specifications" means the specifications approved by the City for construction of recycled water facilities.

"Tertiary effluent" means any secondary effluent which has been disinfected and filtered. Allowable uses for tertiary effluent shall include body contact and irrigation of human food crops.

"Unauthorized discharge" means any release of recycled water that violates these rules and regulations or any applicable federal, state, or local statutes, regulations, ordinances, contracts or other requirements.

"Use area" means the specific area designated to be served with recycled water through on-site recycled water facilities.

"User" means any person, group, firm, partnership, corporation, association or agency accepting recycled water from the City's recycled water facilities for use in accordance with this Chapter. "Applicant," "owner," or "customer" are terms that are to be considered as users.

"User agreement" means an agreement issued to the user by the City as required by DDW and the CVRWQCB that defines the conditions of recycled water service and permits the use of recycled water by the user.

"Utility bill" means the monthly statement issued by the City which reflects the costs of services rendered on behalf of customers.

"Waste discharge" means water deposited, released, or discharged into a sewer system from any commercial, industrial, or residential source which contains levels of any substance which may cause substantial harm to any water treatment or reclamation facility or which may prevent any use of reclaimed water authorized by law, provided levels exceed those found in water delivered to the source of the waste discharge by the City.

"Windblown spray" means any dispersed, airborne particles of recycled water capable of being transmitted through the air to a location other than that for which the direct application of recycled water is approved.

(Ord. 2024-23, § 1(Exh. A), 2024)

Except as otherwise noted in this Chapter, the City Manager or the City Manager's designee shall administer, implement, and enforce the provisions of this Chapter. The City Manager may, at his or her discretion, delegate any or all of these power and duties.

(Ord. 2024-23, § 1(Exh. A), 2024)

If any section, subsection, sentence, clause or phrase of this Chapter establishing rules and regulations for the use of recycled water is for any reason found to be invalid or unconstitutional, such decision shall not affect the remaining portions of this Chapter. The Council declares that it would have approved this Chapter by section, subsection, sentence, clause, or phrase irrespective of the fact that any one (1) or more of the section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. 2024-23, § 1(Exh. A), 2024)

The Council reserves the right to amend this Chapter, as it deems appropriate.

(Ord. 2024-23, § 1(Exh. A), 2024)

The City shall periodically update the Recycled Water Master Plan (RWMP), as needed, and reevaluate the potential for recycled water use within the service area. The RWMP generally designates those areas within which recycled water service has been determined to be reasonably and economically available.

(Ord. 2024-23, § 1(Exh. A), 2024)

At the discretion of the City, potable water or another appropriate source of non-potable water may be used to supplement the recycled water distribution system when sufficient recycled water sources are not available. All off-site and on-site distribution facilities shall be constructed and inspected to be suitable for recycled water use regardless of the type of water provided to the distribution system.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) State Regulations. The use of recycled water is strictly controlled by DDW and the CVRWQCB. The documents governing the City's recycled water system are Title 17 and Title 22, California Code of Regulations, and the Notice of Applicability (NOA) issued by the CVRWQCB for coverage under the Recycled Water General Order (GO) WQ-2016-0068-DDW.

(b) Authorized Uses of Recycled Water. In the City's service areas, uses of recycled water may include, but are not limited to, park irrigation, open space irrigation, commercial landscape irrigation, industrial cooling, residential landscape irrigation, and greenbelt irrigation.

(c) Recycled Water User Agreement and Application Fee. All sites using recycled water are required to have a recycled water user agreement which describes the use, method of supervision, specific requirements, and other pertinent information. Per the City's NOA issued by the CVRWQCB for coverage under the GO, the recycled water user agreement must be executed at least sixty (60) days prior to the start of recycled water service. The recycled water user agreement application fee shall be established from time to time by the City Council by resolution.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) General.

(1) The Council may adopt an engineering report for the production, distribution, and use of recycled water master plan designating current and potential areas for recycled water use. The master plan shall be in accordance with the requirements of all regulatory agencies and encourage recycled water use. The master plan may be reviewed and updated as needed.

(2) The Council may review its master plan and recommend where water service should be made with recycled water in place of potable water.

(b) Existing Potable Water Service.

(1) On adoption of this Chapter, and each update of the City's master plan, the Council may make determinations of areas where existing potable water use may be replaced with recycled water.

(2) A notice of the determination to use recycled water shall be sent to the current owner, explaining the reasons for use and resultant procedures needed to facilitate recycled water use. Use of recycled water shall be based on agreement between the property owner and the City.

(c) New Recycled Water Service.

(1) On submittal by applicant of a tentative map, land use permit, other proposed land development/land use, or request for recycled water service, the City's Public Works Director shall make preliminary determinations if recycled water service should be provided to the service area in question. The City's Public Works Director may require the use of recycled water for approved uses if economically feasible.

(Ord. 2024-23, § 1(Exh. A), 2024)

In accordance with the goals as stated in this Chapter, the uses of recycled water include only those uses approved by the State Water Board Division of Drinking Water (DDW) and for which Title 22 of the California Code of Regulations provides treatment requirements and is permitted by the City's master reclamation permit. Each such use will be considered for approval on a case-by-case basis. Prior to approval, the City Manager may set forth specific requirements as conditions to providing service, and/or require specific prior approval from other appropriate regulatory agencies.

(Ord. 2024-23, § 1(Exh. A), 2024)

The management, control, and care of the recycled water system of the City shall be vested in the City Manager or the City Manager's designee.

(a) City Operated Facilities. Operation of all City owned facilities, including pipelines, reservoirs, pumping stations, valves, connections, treatment facilities, other appurtenances, and property up to and including the City's meter, shall be under the exclusive management and control of the City or its authorized representatives.

(b) On-Site Customer Owned Facilities.

(2) General.

(i) The operation, surveillance, repair, and maintenance of all customer recycled water facilities are the responsibility of the user. The user's designated "on-site" recycled water supervisor shall bear this responsibility.

(ii) The City Manager or designee will monitor and inspect all on-site recycled water facilities and associated records, and for these purposes will have the right to enter the user's premises. Where necessary, keys and/or lock combinations shall be issued to the City Manager to provide such access during hours of recycled water system operation. Monitor and inspection includes documenting inspection observations by photograph and copying of records.

(2) The user shall have the following responsibilities pertaining to operation of on-site facilities:

(i) To ensure that all operations personnel are trained and familiarized with the use of recycled water. This training will be documented in writing;

(ii) To furnish their operations personnel with maintenance instructions, irrigation schedules, controller charts, and as-built drawings to ensure proper operation in accordance with the on-site facilities design and these rules and regulations;

(iii) To prepare and submit to the City Manager one (1) reproducible set of as-built drawings;

(iv) To notify the City Manager of all updates or proposed changes, modifications, or additions to the on-site facilities and operations. All updates and proposed changes must be approved by the City Manager and/or the Public Works Director prior to construction or implementation. All updates and proposed changes shall comply with this Chapter and governing documents of all other regulatory agencies;

(v) To ensure that the operation and maintenance of all recycled water facilities remain in accordance with this Chapter and other documents governing recycled water systems within the City;

(vi) To operate and control the system in order to prevent direct human consumption of recycled water and to control and limit runoff. The applicant, owner, or customer shall be responsible for any and all subsequent uses of the recycled water. Operation and control measures to be utilized in this regard shall include where appropriate, but not limited to:

(A) On-site recycled water facilities shall be operated to prevent or minimize discharge onto areas not under control of the customer so as to minimize public contact.

(B) The operation of the on-site recycled water facilities shall be during periods of minimal human use of the service area. Consideration shall be given to allow a maximum dry-out time before the irrigated area will be used by the public. For agricultural operations, the soil moisture reservoir shall be depleted (dried) by at least thirty (30) percent before harvest.

(C) Adequate first aid kits should be available on the premises. All cuts and abrasions should be promptly treated to prevent infection. If infection is likely, a physician should be consulted.

(D) Recycled water shall be applied at a rate that does not exceed the infiltration rate of the soil. Where varying soil types are present, the design and operation of the recycled water facilities shall be compatible with the lowest infiltration rate of the soils present.

(E) When the application rate exceeds the soil infiltration rate, automatic controller systems shall be utilized to minimize ponding and runoff of recycled water. Total sprinkler run times shall not be greater than the time needed to supply the landscape's water requirement. If runoff occurs before the landscape's water requirements are met the automatic controllers shall be reprogrammed with additional watering cycles of shorter duration to meet the requirements. This method of operation is intended to control and limit runoff.

(F) The user shall report immediately to the City Manager all failures in the recycled water system that cause an unauthorized discharge of recycled water.

(G) All drinking fountains located within the approved use area, designated by the user permit, shall be protected by location and/or a structure from contact with recycled water to the maximum extent possible. Windblown spray, direct application through irrigation or other approved uses are considered sources of recycled water. Protection shall be by design, construction practice, or system operation.

(H) Facilities that may be used by the public, including, but not limited to, eating surfaces and playground equipment and located within the approved use areas designated by the user permit, shall be protected from contact with recycled water to the maximum extent possible. Windblown spray, direct contact by irrigation application, or other approved uses are considered sources of recycled water. Protection shall be by design, construction practice, or system operation.

(3) The user is subject to and shall enforce the following prohibitions:

(i) Cross-Connections. Cross-connections, as defined by the California Code of Regulations, Title 17, resulting from the use of recycled water or from the physical presence of a recycled water service, whether by design, construction practice, or system operation, are prohibited.

(ii) Discharge in Unapproved Areas. Discharge of recycled water for any purposes, in areas other than those specifically approved in the currently effective user permit issued by the City Manager, and without the prior knowledge and approval of the governing regulatory agencies, is prohibited.

(iii) Ponding. Conditions that directly or indirectly cause recycled water to pond either within or outside of the approved use area, whether by design, construction practice, or system operation are prohibited, unless designed specifically for ponding and approved by regulatory agencies.

(iv) Runoff. Conditions that directly or indirectly cause runoff of recycled water onto areas outside of approved use areas, whether by design, construction practice, or system operation, are prohibited.

(v) Unapproved Uses. Use of recycled water for any purposes other than those specifically approved, in the currently effective user permit issued by the City Manager, and without the prior knowledge and approval of the governing regulatory agencies, is prohibited.

(vi) Windblown Spray. Conditions that directly or indirectly permit windblown spray to pass outside of the approved use are, whether by design, construction practice, or system operation, are prohibited.

(Ord. 2024-23, § 1(Exh. A), 2024)

The City Manager will monitor and inspect the entire recycled distribution facility, including both off-site and on-site facilities. The City Manager will conduct monitoring programs, maintain records as deemed necessary, inspect on-site facilities for compliance with these rules and regulations, and provide reports as requested by the regulating agencies. For these purposes, the City Manager will have the right to enter the customer's premises during hours of recycled water system operation to inspect on-site recycled water facilities and approved use areas, and to verify that the customer's irrigation practices conform with this Chapter.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) Recycled Water System. The applicant, owner, or customer is responsible for maintaining all on-site facilities that are under the ownership of parties other than the City.

(b) Obstruction in Meter Boxes. No person shall place, dispose, deposit or permit the placement, disposal, deposit of oil, toxic, hazardous or contaminated liquid or waste, trash, soil, building materials or other substances, objects, or obstructions in, on, or around meter boxes or other City facilities. No person shall allow or permit meter boxes or other City facilities from becoming obstructed or obscured by trees, shrubs, plants or in any other manner so as to impede their use or access to them to make their location difficult to determine. If such substances, objects, or obstructions are not cleaned and removed or are permitted to obscure or impede use or access to such facilities, the City may accomplish the cleaning and removal at the user's expense. The City Manager will provide reasonable notice to the user before assessing the charge.

(Ord. 2024-23, § 1(Exh. A), 2024)

Recycled water service shall be provided by the City Manager only if a permit for such service is obtained in the manner provided in this Chapter. Recycled water service shall be available, provided, and used in accordance with other codes, rules, and regulations as listed in Section 5-5-125.

If any of the following conditions of service are not satisfied at all times, "Permit for Recycled Water Service" may be revoked by the City Manager after which all recycled water service shall cease in the manner described in this Chapter:

(a) Financial. Conditions relating to service fees and billing shall be similar, but not the same, as established for the potable water system. The rates for recycled water service shall be as specified by the Council by resolution or ordinance.

(b) Operational.

(2) Liability. The City shall not be liable for any damage by recycled water or resulting from:

(i) Defective plumbing;

(ii) Broken or faulty services or recycled water mains;

(iii) On-site facilities failures;

(iv) High or low pressure conditions;

(v) Interruptions of service.

(2) Service Basis. All recycled water will be provided to the user in the conditions and quantity specified in the "Permit for Recycled Water Service." Recycled water use will not be subject to the same restrictions as potable water during drought conditions and will be supplied as available.

(c) Regulatory. The City may terminate recycled water service whenever the quality of the recycled water does not comply with the requirements of the regulatory agencies; at any time the provisions of the Chapter regarding the use of recycled water are violated; or at any time that the User's permit conditions, whether contained in an agreement or not, are violated.

(Ord. 2024-23, § 1(Exh. A), 2024)

A City permit for recycled water service must be obtained by the user to receive recycled water on any property.

Permits to receive recycle water service, or any connection for service made as provided in the permit issued under this Chapter pursuant to receipt of an application for such service, shall be subject to the following conditions:

(a) The applicant shall adhere to requirements prescribed by this Chapter and to all additional requirements required by all governing agencies governing recycled water use.

(b) The applicant shall pay any specified connection fees, service line charges and other charges prior to issuance of the permit.

(c) In order to maintain acceptable operating conditions throughout the recycled water system, the City Manager may schedule recycled water use for specific applications. Such scheduling may involve programming deliveries to different users and/or to various portions of a single user's on-site system. Any scheduling shall consider the operating constraints of the affected users.

(d) The City Manager may temporarily terminate recycled water service at any time the recycled water produced by City's reclamation plant does not meet the requirements of the regulatory agencies. Recycled water service would, in such case, be restored when the recycled water meets the governing requirements. The City may provide water service from other approved sources. In addition, approved air gap separations may be modified (as approved) to provide potable water to the recycled water system to ensure water service.

(e) The City will apply for and process all applicable regulatory agency permits. The cost and preparation of any study or report necessary to comply with the California Environmental Quality Act (CEQA) or other regulatory requirements shall be the responsibility of the applicant, unless otherwise determined by the Council.

(f) The use permit shall come into force after the project has been completely constructed, tested and been approved by the involved agencies.

(g) A copy of the current "Permit for Recycled Water" must be available for review at all times, and on file at the user's office.

(h) The use permit shall include the following:

(1) Name and address of owner and user;

(2) Name of "on-site" supervisor, work phone number and after-hours phone number;

(3) A statement that no changes in the proposed system will be undertaken without application for and issuance of an amended permit;

(4) A statement that the applicant recognizes potential penalties for violation of this Chapter and any regulatory agencies;

(5) A copy of the approved "User Report";

(6) Specific quantity of recycled water to be used. The following must be identified:

(i) Estimated average annual AFY used;

(ii) Maximum GPM needed at the POC as shown on the plans.

(7) Permitted/approved uses;

(8) Such other requirements as the City Manager determines necessary to ensure compliance with this Chapter and its regulatory agency permits.

(i) The use permit shall stay in effect as provided in the permit or related agreement, but shall be cancelled or amended if:

(1) A change of ownership occurs;

(2) A change in "on-site" supervisor occurs;

(3) A change of recycled water use occurs;

(4) A change in the piping system has been implemented without prior approval;

(5) A violation of these rules and regulations occurs and results in a system turn-off.

(Ord. 2024-23, § 1(Exh. A), 2024)

The steps for obtaining recycled water permits are as follows:

(a) Obtain application form for recycled water service from the City. By signing the application form, the applicant states that he or she agrees to comply with this Chapter and any and all applicable governing documents.

(b) Complete application package and submit to the City. The application package shall consist of:

(1) Completed recycled water service application form;

(2) Existing facility "as-built" drawings or proposed facility plans as appropriate;

(3) Description of where and how recycled water use is proposed;

(4) Any other information pertinent to the use of recycled water as requested by the Public Works Director.

(c) The applicant may schedule an appointment with the City Manager to review the application packet. Subsequent to meeting, submit any additional information required.

(d) Prepare "User Report" describing proposed/requested recycled water use(s). Submit "User Report" to the City Manager. As a minimum, the "User Report" shall consist of the following information:

(1) Applicant's relationship to the subject property as legal owner, tenant, or lessee;

(2) Description of recycled water use on the property;

(3) Legal description of property;

(4) Technical information requested on Recycled Water Service application form;

(5) Total irrigated acres (if applicable);

(6) Special conditions (other items that could be of concern when using recycled water);

(7) As-built/new drawings of the property, which are to include:

(i) Locations of all service connections and waterlines (recycled, potable, any other auxiliary source);

(ii) Proposed size of recycled water service connection;

(iii) Areas to be served with recycled water and areas excluded from recycled water service;

(8) A brief description of any/all special construction requirements.

(e) The Public Works Director will review the "User Report." The City Manager will inform applicant of any needed revisions.

(f) If not identified in the DDW approved engineering report for the production, distribution and use of recycled water, the "User Report" approved by the City Manager will be forwarded to the DDW for review and approval.

(g) The City Manager and applicant will address any concerns that the DDW has regarding the "User Report" and revise the report accordingly.

(h) The City Manager will prepare a permit for recycled water service. Any auxiliary agreement between the City and the applicant, related to the permit for recycled water service, will be with the approval of the City Council.

(i) Applicant will pay any applicable fees.

(j) The City Manager will schedule a start-up test of on-site recycled water system to ensure that cross-connections do not exist.

(k) The City Manager will direct recycled water service valves to be turned on and service will begin.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) Water from the recycled water system shall be delivered to the users thereof both inside and outside the corporate limits of the City in accordance with the terms of this Chapter. The users will furnish the capital costs to establish the lateral connection to the City's main water recycled line. The users shall furnish and install all piping on the owner's premises, including a shut-off valve, to the City's connection. In case of metered services, it must be a type approved by the City Manager, and include a meter box and steel cover, and must be installed and paid for by the owner/user. A valve must be installed on the outlet side of all meters. Such meters must be maintained by the owner/user, at his or her cost, to assure proper working conditions. Accuracy is subject to review by the City. All piping, meters, and valves must conform to the City's design and construction standards and applicable sections of California's Title 17 and 22 of its Code of Regulations. Metered connections to public agencies shall be governed by a recycled water user agreement, which may deviate from the City's design and construction standards at the discretion of the City Manager, but at all times such connections shall meet the minimum standards prescribed by the State of California's Title 17 and 22 of its Code of Regulations.

(b) The connection fees and schedule of recycled water rates adopted by the City will be charged against all installed meters unless a written request for discontinuance of service is made by the owner of the premises to the City Manager.

(c) Access by the District to service connections of recycled water meters must be provided at all times. A City inspector or other authorized employee of the City shall be admitted at all reasonable hours to all parts of any premises supplied with recycled water, except to the interior of the dwellings, but including the meter box, to see that the regulations contained in this Chapter are observed.

(Ord. 2024-23, § 1(Exh. A), 2024)

Permits for recycled water service shall be subject to the following conditions:

(a) A recycled water service connection and its corresponding meter shall not be used to supply adjoining property of a different owner.

(b) A service connection shall not be used to supply adjoining property of a different owner, or to supply property of same owner across a road, street or other public right-of-way. When a property provided with a recycled water connection and corresponding meter is subdivided, such connection and meter shall be considered as serving the lot or parcel of land on which the meter is located. Additional recycled water mains and/or recycled water service lines will be required for all subdivided areas in accordance with this Chapter.

(c) Private irrigation systems for homeowner's associations and other developments where landscaping around homes and in common areas are served with one (1) meter, shall not be allowed to cross public roads, easements, or other public right-of-way, unless otherwise approved by the Public Works Director.

(d) All recycled water used on any property where a meter is installed must pass through the meter. Customers shall be held responsible and charged for all recycled water passing through their meters.

(e) Every recycled water service line installed by the City (or its agent) shall be equipped with a right angle valve (per City standard) on the inlet side of the meter. The right angle valve is to be used only by City personnel to control the recycled water supply through the water service line. If the right angle valve is damaged by the customer to an extent requiring replacement, then the customer shall bear full financial responsibility.

(f) Service is commenced after issuance of a "Permit for Recycled Water Service" by the City.

(Ord. 2024-23, § 1(Exh. A), 2024)

The City will make every reasonable effort to supply recycled water at a service pressure that is nearly equal to the potable water system pressure at the location of interest. If recycled water service pressure does not meet the needs of the user, then it shall be the user's responsibility to increase or decrease the recycled water pressure on the user's side of the recycled water meter.

(Ord. 2024-23, § 1(Exh. A), 2024)

Should a recycled water service line installed according to the directions of the applicant, owner, or customer (user) be of the wrong size, or installed at a wrong location or depth, the cost of relocation or removal shall be paid for by the user.

(Ord. 2024-23, § 1(Exh. A), 2024)

The following provisions are intended to protect the City's potable water supplies against actual, undiscovered, unauthorized, or potential cross-connections to the user's recycled water system. These provisions are in addition to, not in lieu of, the controls and requirements of other regulatory agencies. Requirements of Title 17 (Public Health) of the California Code of Regulations take precedence over these provisions.

Approved backflow prevention devices, on the City's potable water services to the property, as required in these provisions, shall be provided, installed, tested, and maintained by the user at the user's expense, unless otherwise determined by the City Manager. These devices shall be located on the property served immediately downstream of the meter. All devices shall be readily accessible for testing and maintenance and no device shall be submerged at any time.

When a request for recycled water service is initiated, the applicant must provide sufficient information, including plumbing and building plans, to enable the Public Works Director, and other regulatory agencies to determine the level of backflow protection required. The proper backflow protection, as determined by the City Manager and other regulatory agencies, shall then be installed, inspected and tested before recycled water service is provided.

Each time there is a change of customer (either owner or tenant) on any commercial or industrial premises, the owner or customer shall notify the City Manager within forty-eight (48) hours by written notification. The City Manager will then reassess the level of protection required. In addition, any alterations to existing on-site facilities that may affect required protection level must be reported immediately to the City Manager.

At their discretion, representatives of any agency having jurisdiction, and the City Manager, may conduct surveys of any property where recycled water service is provided by the City. These surveys shall serve to determine if any actual or potential cross-connections exist. The applicant, owner, or customer shall provide full cooperation in facilitating these surveys.

(a) Where Protection is Required. Approved backflow protection for potable water supplies shall be provided as follows:

(1) Each City water service connection that supplies potable water to a premises having an auxiliary water supply (including recycled water) that is not accepted as potable source by the Public Works Director, and/or is not approved for potable use by the DDW, shall be protected against backflow from the premises into the City's potable water system.

(2) Each City water service connection supplying potable or recycled water to a premises on which any substance is handled in such a fashion as to permit entry into the City water systems (potable or recycled) from the premises shall be protected against backflow. This shall include, but not be limited to, the handling of fertilizers, process waters, and agricultural use.

(3) Approved backflow devices shall be installed where premises have intricate plumbing and piping arrangements or where not all portions of the premises are readily accessible for inspection.

(4) Appropriate backflow protection may be required at premises where there has been a history of cross-connections being re-established.

(b) Other Measures.

(1) Whenever possible, the City will operate the recycled water system at a slightly lower pressure than the potable water system. This will cause potable water to flow in the recycled water system in the event of a cross-connection.

(2) Water meters used for recycled water service shall be tagged or color-coded, or otherwise distinguished as such per AWWA standards. These meters shall not be interchanged or used for potable water service after repairs and/or meter testing have been performed.

(3) Periodic inspection, by the City, of the recycled water facilities will determine if all identifying items are still clearly discernable. If not, they shall be replaced, repaired or refurbished as needed, by the user. These items include:

(i) Warning tags;

(ii) Painted surfaces;

(iii) Warning tape;

(iv) Identification tape;

(v) Covers, caps, signs;

(vi) Other items that indicate recycled water is being used.

(4) To determine the existence of any cross-connections or backflow conditions into the potable water system, periodic testing using the DDW approved methods will be performed by the department of public works and/or other regulatory agencies as required.

(5) In the event of contamination or pollution of a City potable water system due to a cross-connection or other failure, the City Manager and the DDW, shall be promptly notified, so that appropriate and immediate measures may be taken to correct the problem.

(6) The DDW, county health department, and the City Manager, shall be kept informed by written document of the identity of the person responsible for the recycled water system on all premises concerned with these rules and regulations. At each authorized use area, an "On-Site" recycled water supervisor shall be designated. This supervisor shall be responsible for:

(i) The installation and use of all components of the on-site recycled water system(s);

(ii) Prevention of cross-connections;

(iii) Change in use of recycled water.

(c) Recycled Water Service Termination Due to Health and Safety Concerns. When the City Manager determines that recycled water uses or conditions encountered by the department of public works represent a clear and immediate hazard to the City potable and/or recycled water supply that cannot be immediately removed or corrected, the City Manager shall begin the procedure for terminating recycled water use. Conditions or uses that create a basis for termination include, but are not limited to:

(1) Refusal to install when required a backflow prevention device;

(2) Refusal to test a backflow prevention device;

(3) Refusal to repair or replace a faulty backflow prevention device;

(4) Direct or indirect connection between the potable and recycled water systems;

(5) Direct or indirect connection between the recycled water system and a system or equipment containing contaminants;

(6) A situation which presents an immediate health hazard to the City's potable and/or recycled water system, as determined by the City Manager, or other regulatory agencies.

(Ord. 2024-23, § 1(Exh. A), 2024)

Any public recycled water mains or recycled water lines owned by a public agency other than the City shall obtain appropriate approvals from the City for its facilities when they are located within City right-of-way and their use governed by a recycled water user agreement.

(Ord. 2024-23, § 1(Exh. A), 2024)

Cross-connections between potable water facilities and recycled water facilities are prohibited. If potable facilities are present in the same property as recycled water facilities, cross-connection testing must occur prior to operation of the recycled water system and must be conducted by an AWWA cross-connection control specialist.

(Ord. 2024-23, § 1(Exh. A), 2024)

It is unlawful for any person to:

(a) Contaminate the City's water supply either by cross-connection or by any other means.

(b) Make a connection to the City's recycled water system where a potable well or some other outside water source used for drinking purposes is present. Connection of the City's recycled water system to a multiuse non-potable irrigation system owned and operated by another public agency shall be governed by a recycled water user agreement between the City and the public agency.

(c) Waste recycled water, use recycled water to excess or allow recycled water to flow to waters of the United States without the issuance of a NPDES permit. All recycled water use must comply with the State of California Title 22 requirements for recycled water use.

(d) Supply recycled water in any way for use outside other premises to which the service is assigned, except by special consent of the City Manager.

(e) Supply recycled water for resale, in any way, for use outside the premises to which the service is assigned except by permission of the City Manager.

(f) Fail to keep and maintain their service pipes and connections in good repair.

(g) Interfere with the City's service lines, valves or meters to construct a bypass around a meter or service.

(Ord. 2024-23, § 1(Exh. A), 2024)

The City Manager is empowered to make interpretations of this title regarding the necessity, type, manner or method in which materials or meters shall be installed. Interpretations may be appealed by the owner/user to the City. Interpretations and appeals shall be in writing and a copy thereof filed in the City's office.

(Ord. 2024-23, § 1(Exh. A), 2024)

The City Manager shall keep complete records of all permits issued through recycled water user agreements and other official work performed under the provisions of this Title.

(Ord. 2024-23, § 1(Exh. A), 2024)

Recycled water from the City water system may be delivered to users outside the boundaries of the City through a negotiated agreement.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) When it has been determined that work within and without the City shall be contracted out, or put out to bid, the contractor and/or subcontractor shall conform to the specifications in the City's design and construction standards, including, but not limited to, statements of work; period of performance; site inspection; excavation and backfill; base material; forms; reinforcement and concrete; curing; plans; specifications; profiles and modifications; and performance and acceptance. Any contractor and/or subcontractor shall comply with all state and county laws, ordinances, rules, and regulations pertaining to the cutting of pavement, backfilling and repaving thereof and shall obtain permits and pay all fees required by the department having jurisdiction prior to the issuance of consent to proceed by the City Manager.

(b) Prior to accepting any work, and prior to the use thereof, the work shall be tested and shall complete in full compliance with all requirements of the City's standard specifications and to the satisfaction of the City Manager.

(Ord. 2024-23, § 1(Exh. A), 2024)

This Chapter is not intended to and shall not be construed or given effect in a manner that imposes upon the City within or without the City any duty of care so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) Service Connection Fees. Service connection fees shall be established from time to time by the City Council by resolution as authorized by this Chapter. Such fees shall be paid by the individual owner/user for all new service connections prior to the time of connection and for any change in type or size prior to the time of change. Authorization and the basis of payment (if applicable) to service connections to another public agency shall be in accordance with the specific recycled water user agreement between the City and the other public agency.

(b) Advance Deposit. Prior to the installation of a new individual service connection, or any change in type or size, or change in the use of the premises, the owner/user shall deposit with the City a sum equal to the applicable charge set forth in the City's resolution advance deposit against the cost of installation. Upon completion of the installation, the City shall determine its cost of installation and shall refund that portion of the advance deposit which exceeds the cost, or bill the owner/user for any cost in excess of the advance deposit.

(Ord. 2024-23, § 1(Exh. A), 2024)

The cost for modifying or adding facilities to convert the customer's on-site non-potable water system to receive recycled water shall be borne entirely by the customer or applicant. Customer is required to comply with the City's rules and regulations for recycled water use in accordance with Title 17 and Title 22 of the California Code of Regulations and California Water Code, the City's recycled water user guide, and the City's design and construction standards where applicable.

(Ord. 2024-23, § 1(Exh. A), 2024)

All owners/users shall pay the rates specified in the City's schedule of recycled water rates for services inside and outside of the City's corporate limits. In the event that recycled water rates have not yet been established, owners/users shall pay fees as established in an agreement between the City and that owner/user.

(Ord. 2024-23, § 1(Exh. A), 2024)

All recycled water delivered through meters and single service connections shall be charged monthly in accordance with the schedule of recycled water rates as amended and approved by the City Council. In the event that recycled water rates have not yet been established, owners/users shall pay fees as established in an agreement between the City and that owner/user. Further, notwithstanding any other provision of this Chapter, any charges relating to the use of recycled water between the City and another public agency shall be governed by the recycled water user agreement between the City and the public agency.

(a) If a meter shall be found out of order, the monthly charge for water shall be determined by the City Manager based upon previous water consumption records.

(b) If an owner/user has more than one (1) meter, a separate minimum charge will be made for each meter as well as the amount of recycled water registered for each meter.

(c) Compound meters shall not be constructed to be a single meter. The City Manager will determine the minimum charge rate for compound meters on a case-by-case basis.

(d) The rate for any owner/user using temporary meters for any purpose, which are installed for less than one (1) month, shall be charged according to the schedule of recycled water rates, plus the cost of installation. When a meter is not installed, the rate shall be determined by the City Manager.

(e) A schedule of recycled water rates billing shall be furnished to each customer at the beginning of each fiscal year. Any charges for recycled water on the utility bill shall be due and payable upon presentation. If such charges are not paid by the last day of the month in which they are billed, late charges shall be added.

(f) If a recycled water bill has not been paid by the nineteenth day following its mailing, the service shall be subject to disconnect. The procedure specified in Public Utilities Code Section 5-3-406 shall be followed when service is disconnected. Personal checks will not be accepted for service subject to disconnect as a result of nonpayment. All unpaid charges, penalties, and fees shall be a lien upon the parcel of real property to which water service was provided.

(g) At the direction of the finance director, small claims court proceedings may begin on all accounts which remain unpaid.

(h) When an owner/user applies to the City to replace a meter with one (1) of a smaller or larger size, the City shall make such change, upon payment to the City of fees.

(i) Water service shall be billed monthly to the users of the recycled water system in accordance with current service charge plus recycled water usage charges. These charges are to be established from time to time by the City Council by resolution as authorized by this Chapter.

(Ord. 2024-23, § 1(Exh. A), 2024)

Any recycled water service customer who considers an action taken by the City Manager under the provisions of this Chapter to have been erroneously taken may appeal such action and decision to the City Council in the following manner:

(a) All appeals shall be filed in writing with the City Clerk and shall state the nature of the appeal or request and the basis upon which the decision of the City Manager is considered to be in error.

(b) Such appeals, to be effective, must be received by the City Clerk not later than ten (10) business days following the date that the City Manager has given notice of such action from which the appeal is being taken and be accompanied by a fee of fifty dollars ($50.00). The fee of fifty dollars ($50.00) will be refunded if the appeal is granted.

(c) The City Clerk shall schedule the appeal for consideration by the City Board at the next regularly scheduled Council meeting.

(d) The decision of the City Council on the appeals shall be final.

(Ord. 2024-23, § 1(Exh. A), 2024)

The enforcing authority shall have the right, and is hereby authorized and empowered, to enter upon private property for the purpose of enforcing the provisions of this Title or for other purposes consistent therewith. The enforcing authority shall be given prompt access upon oral notification to the responsible person and upon exhibiting suitable evidence of his or her identify and authority; provided, however, except in an emergency, a warrant issued pursuant to Part 3 of Title 13 of the Code of Civil Procedure of the state (Sections 1822.50 through 1822.57 inclusive), or its subsequent counterparts, shall first be secured when entry or access thereto is denied. Refusal to admit such members when a warrant is not required shall be a misdemeanor. Neither the enforcing authority nor the City shall be liable for any damage from any reasonable entry.

(Ord. 2024-23, § 1(Exh. A), 2024)