Chapter 8C — RECYCLED WATER USE

Article 1: General Provisions 6-8.701 Authority 6-8.702 Purpose 6-8.703 Goals 6-8.704 Policy 6-8.705 Priority 6-8.706 Administrator 6-8.707 Other applicable rules and codes 6-8.708 Severability Article 2: Definitions 6-8.709 Definitions Article 3: Area Served 6-8.710 Service area Article 4: General Requirements 6-8.711 Determination of recycled water use area 6-8.712 Authorized uses 6-8.713 Conditions of service 6-8.714 Recycled water service application 6-8.715 Recycled water use agreement 6-8.716 Rates, fees, charges and deposits 6-8.717 Construction water service 6-8.718 Size, location and installation of service line 6-8.719 Service connection limitations 6-8.720 Service pressure 6-8.721 Relocation of recycled water service lines Article 5: Protective Measures 6-8.722 Cross-connections 6-8.723 Other measures 6-8.724 Emergency connection to the recycled water system to the potable water system Article 6: Facilities Design and Construction 6-8.725 Facilities design 6-8.726 Offsite recycled water facilities 6-8.727 Onsite recycled water facilities 6-8.728 Construction Article 7: Facilities Operation 6-8.729 Offsite facilities 6-8.730 Onsite facilities 6-8.731 Monitoring and inspection 6-8.732 Maintenance responsibility 6-8.733 Meter testing

Article 8: Enforcement 6-8.734 Illegal connections, diversions, or tampering 6-8.735 Violations and enforcement

Recycled water use is regulated by the California State Water Resources Control Board (State Board) and the Regional Water Quality Control Board, Santa Ana Region (RWQCB). In accordance with waste discharge requirements for water reclamation projects, the RWQCB requires control mechanisms to regulate facilities distributing recycled water. The California Legislature has established a state policy encouraging the use of recycled water (California Water Code, Section 13510). Permission to use recycled water is based on Inland Empire Utilities Agency's ability to treat domestic wastewater in accordance with the Uniform Statewide Recycling Criteria under Title 22, Division 4, Chapter 3 of the California Code of Regulations. These regulations were adopted to ensure proper health protection and specify the treatment degree to meet the needs of the intended applications. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

The purpose of this chapter is to establish procedures, specifications, and limitations for the safe use and operation of recycled water facilities and systems within the City's service area, and adopt rules and regulations controlling such use and operation. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

The goals of this chapter are as follows: (a) Achieve conservation of potable water supplies by using recycled water for current and future demands. Recycled water uses may include: (1) Agricultural irrigation. (2) Commercial uses (including flushing toilets and urinals). (3) Construction use. (4) Industrial processes. (5) Landscape irrigation. (6) Landscape and/or recreational impoundments. (7) Wildlife habitat. (8) Groundwater recharge, as approved by the State Board and RWQCB. (b) Maintain recycled water quality through a stringent pretreatment program for industrial wastewater. (c) 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. (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. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

It is the policy of the City that recycled water be used for any and all purposes approved by state regulations for recycled water use. Recycled water shall be the primary source of supply for commercial and industrial uses, whenever available and/or feasible. Use of potable water for commercial and industrial uses shall be contrary to City policy, shall not be considered the most beneficial use of a natural resource, and shall be avoided to the maximum extent feasible. If the City determines that recycled water service is feasible under §§ 6-8.710 and 6-8.711, the applicant, owner, or user will be required to use recycled water service. (a) The people of the State of California have a primary interest in the development of facilities to recycle water containing waste to supplement existing surface and underground water supplies and to assist in meeting the future water requirements of the state (California Water Code, Section 13510). Conservation of all available water resources requires the maximum reuse of recycled water for beneficial uses of water (California Water Code, Section 461). The State of California has declared that use of potable water for non-potable uses may be a waste or an unreasonable use where recycled water is available (California Government Code, Section 65602(e); California Water Code, Section 13550). (b) It is the policy of the City that recycled water shall be used within the jurisdiction of the City whenever and wherever: (1) There is not an alternative higher or better use for the recycled water; and (2) Such use is consistent with legal requirements, preservation of public health, safety and welfare of the public, and protection of the environment. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Connection to the City's recycled water system shall be provided on a first-come, first-served basis, as long as infrastructure and recycled water are available. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Except as otherwise provided herein, the City Manager 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 powers and duties. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Other guidelines, rules and regulations, ordinances, and specifications that may be applied by the Administrator to govern the use of recycled water within the City include:

(a) Rules and regulations that deal with backflow prevention, billing, deposits, penalties, delinquencies, and metering for potable water as established in Chapters 8A, 8C, 8D, and 8E of Title 6 of the Municipal Code. (b) Regional Recycled Water Distribution System Ordinance (Ordinance No. 69, Inland Empire Utilities Agency). (c) Water Reclamation (Title 22, Division 4 of the California Code of Regulations). (d) State Water Board’s Cross-Connection Control Policy Handbook (adopted December 19, 2023). (e) Guidelines for Distribution of Non- Potable Water (California-Nevada Section AWWA). (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

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. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Article 2: Definitions

The terms used in this chapter shall have the following meanings: (a) "Agricultural use" shall mean water used for the production of crops and/or livestock. Agricultural uses include, but are not limited to, the growing of field and nursery crops, row crops, trees and vines, and the feeding of fowl and livestock. (b) "Air gap separation" or “AG” shall mean a physical vertical separation of at least two (2) times the effective pipe diameter between the free- flowing discharge end of a potable water supply pipeline and the flood level of an open or non- pressurized receiving vessel, and in no case less than one (1) inch. (c) "Applicant" shall mean any person, group, firm, partnership, corporation, association, or agency that applies for recycled water service. (d) "Approved use" shall mean an application of recycled water in a manner, and for a purpose, designated in a recycled water use agreement, and in compliance with applicable state and local rules and regulations. (e) "Approved use area" shall mean a site with well-defined boundaries designated in a recycled water use agreement in compliance with applicable state and local rules and regulations. (f) "As-built drawings" shall mean the record drawings that show the completed facilities as constructed or modified. (g) "Auxiliary water supply" shall mean a source of water, other than an approved water supply, that is either used or equipped, or can be equipped, to be used as a water supply and is located on the premises of, or available to, a customer. (h) "AWWA" shall mean the American Water Works Association. (i) "City Council" shall mean the City Council of the City of Ontario. (j) "City Manager" shall mean the chief administrative officer of the City of Ontario or his or her authorized designee. (k) "Commercial use" shall mean the water used for non-body contact such as toilets, urinals, decorative fountains, decorative indoor and outdoor landscape, and other uses approved by the City.

(l) "Construction water service" shall mean temporary recycled water service obtained from the City for construction purposes on any new facilities or structures. (m) "Cross-connection" shall mean any actual or potential connection or structural arrangement between a public water system, including a piping system connection to the City’s distribution system and located on the premises of a customer or available to the customer, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. (n) "Cross-Connection Control Policy Handbook” or “CCCPH” shall mean the State Water Board’s Cross- Connection Control Policy Handbook, which are standards and principles for California’s Public Water Systems. (o) "Direct beneficial use" shall mean 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. (p) "Discharge" shall mean any release or distribution of recycled water to a use area or disposal site/mechanism. Such discharges are subject to approval by the City. (q) "Divert" shall mean to change the intended course or path of recycled water into or out of the City's recycled water system without the authorization or consent of the City. Any unpermitted withdrawal of recycled water from the City's facilities is a "diversion." (r) "IEUA" shall mean the Inland Empire Utilities Agency. (s) "Industrial use" shall mean the water used for an industrial process such as rinsing, washing, cooling, flushing, circulation, or construction; and other uses approved by the City. (t) "Infiltration rate" shall mean the rate at which water penetrates the soil surface and enters the soil profile. (u) "Landscape irrigation" shall mean 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 or profit purposes. (v) "Letter of approval" shall mean a written formal letter issued by the State Board approving the use of recycled water at a premise. (w) "Non-potable water" shall mean 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. (x) "Offsite facilities" shall mean all existing or proposed facilities under the control of the IEUA or the City, from the source of supply to the point of connection with the customer's onsite facilities, up to and including the City's recycled water meter and meter box. Such facilities shall include, without limitation, recycled water transmission mains, recycled water pipes and reservoirs, pumping stations, treatment plants and other appurtenances and property. (y) "Onsite facilities" shall mean all existing or proposed facilities within property under the control of the customer, normally downstream of the City's recycled water meter and meter box. (z) "Onsite Recycled Water Supervisor" shall mean a qualified person designated by a recycled water user and approved 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. (aa) "POC" shall mean the point of connection at the recycled water service meter. (bb) "Ponding" shall mean the retention of recycled water on the ground surface or human-made 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. (cc) "Potable water" shall mean water furnished to the customer which meets applicable local, state and federal drinking water standards. (dd) "Recycled water" shall mean 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 Uniform Statewide Recycling Criteria set forth in Title 22, Division 4 of the California Code of Regulations. (ee) "Recycled water facilities" shall mean the systems and structures used in the treatment, storage, pumping, transmission and distribution of recycled water. (ff) "Recycled water system" means the publicly owned property involved in the distribution of recycled water within the City and any privately owned onsite facilities, including piping, pumps, reservoir, land, supply lines (main lines), fittings, and equipment related to such elements. (gg) "Recycled water use agreement" shall mean an agreement between the user and the City to use recycled water in compliance with all applicable rules and regulations. (hh) "Regulatory agency" shall mean any public entity legally constituted by federal, state and local statutes to protect health and water quality. (ii) “Runoff” shall mean the flow of water along natural or human-made surfaces away from the designated use area. (jj) "RWQCB" shall mean the California Regional Water Quality Control Board, Santa Ana Region. (kk) "Service" shall mean the delivery of recycled water to a user. (ll) "Service connection" shall mean 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. (mm) "Standard specifications" shall mean the specifications approved by the City for construction of recycled water facilities. (nn) "State Board" shall mean the California State Water Resources Control Board. (oo) "Tampering" shall mean the unauthorized entering, breaking, damaging, destroying, uncovering, defacing, rearranging, injuring, altering, or interference with any temporary or permanent structure (including any pipeline), equipment (including any pumps or backflow devices), or appurtenance owned by the City or that is part of the City's recycled water. Any unpermitted connection the City's facilities is "tampering." (pp) "Unauthorized discharge" shall mean any release of recycled water that violates any applicable federal, state, or local statutes, regulations, chapters, contracts, or other requirements. (qq) "Uniform Statewide Recycling Criteria" shall mean the criteria for treatment of recycled water established for the protection of public health and codified under Title 22, Division 4, Chapter 3 of the California Code of Regulations. (rr) "Use area" shall mean the specific area designated to be served with recycled water through onsite recycled water facilities. (ss) "User" shall mean 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. (tt) "Windblown spray" shall mean 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. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Article 3: Area Served

The rules and regulations contained in this chapter apply to recycled water service to lands and/or improvements lying within the legal boundaries of the City, and to properties contiguous to the City under the same ownership as

abutting lands within the City or its designated service boundary. Recycled water service shall be provided to a specific service area when related distribution facilities are completed, and service becomes available. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Article 4: General Requirements

(a) General. (1) The City Council may adopt and periodically review the City's Recycled Water Master Plan and recommend where water service should be made with recycled water in place of potable water. The Master Plan shall be in accordance with all of the requirements of the State Board and the RWQCB, and shall encourage recycled water use. (2) If the City determines recycled water is available, or will be available within five (5) years, the City may request modifications to existing onsite water facilities and require construction of recycled water systems in new developments. (3) The City Council may enter into agreements with other municipalities and public entities to identify recycled water use service areas within the City and the jurisdiction of each entity. (4) The City may identify customers who are located within the City's service area, and within an area identified in the City's Recycled Water Master Plan as an area capable of receiving service from the City's recycled water system, and may determine the feasibility of providing recycled water service to identified users. (5) If the City determines recycled water service is feasible, applicants for new recycled water service must install onsite facilities to accommodate both potable water and recycled water in accordance with this chapter. (b) Existing potable water service. (1) The City may make determinations of areas where existing potable water use should be replaced with recycled water use. (2) The City shall provide notice of the determination to use recycled water to the current customer, explaining the reasons for recycled water use, procedures to facilitate recycled water use, and proposed conditions and schedule for the conversion. Partial or full conversion of existing customers to recycled water use may be mandated to the extent allowed or required by law. (3) A customer seeking to convert to recycled water service must submit an application for a letter of approval to the City for review, along with any required application fee. The City shall review the application for completeness and contact the customer regarding the potential provision of recycled water service and the City's recycled water use agreement. If the customer does not agree to the terms of the recycled water use agreement, or if the City determines that recycled water is not available for the proposed use, the City may, in its sole and absolute discretion, refuse to provide such service. (c) New recycled water service. (1) Upon submittal by applicant of a tentative map, land use permit, other proposed land development/land use, or request for recycled water service, the Administrator shall make preliminary determinations if recycled water service can be provided to the area in question. Based upon such determinations, use of recycled water and construction of recycled water distribution systems or other facilities, and the application for recycled water service, may be required as conditions of approval for any development application, in addition to any other conditions of the new industrial, commercial or residential development. (2) Upon submittal by applicant of a proposed alteration or remodeling of multi-family, commercial, or industrial structures which substantially increase a facility's area, volume or size, or upon request for recycled water service, the

Administrator shall make preliminary determinations if recycled water service can be provided to the area in question. Based upon such determinations, use of recycled water and construction of recycled water distribution systems or other facilities, and the application for such use, may be required as conditions of approval for any application, in addition to other conditions of approval for the alteration or remodel. (3) The Administrator may require the use of recycled water for approved uses and refuse or otherwise restrict potable water service when recycled water is available and approved for use. (4) Any recycled water supply assessments or verifications prepared by the City will not entitle the applicant's project to recycled water service, or to any right, priority, or allocation in any supply, capacity, or facility, or affect the City's obligation to provide service to its users or potential future users. In order to receive service, the applicant, owner, or user must meet all of the applicable requirements of this chapter. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 28, Ord. 2816, eff. December 1, 2005 and § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff March 18, 2025)

(a) Uses of recycled water include only those uses approved by the State Board and consistent with the Uniform Statewide Recycling Criteria under Title 22 of the California Code of Regulations. Each proposed use will be considered for approval by the City on a case-by-case basis, and the City may determine in its discretion whether it is feasible to furnish recycled water for the proposed use. The City's determination of feasibility will be based on the following factors: (1) Whether recycled water may be furnished for the intended use at a reasonable cost to the user and the City. (2) Whether recycled water use is in accordance with the standards of treatment and water quality requirements set forth in Title 22, Division 4, Chapter 3, of the California Code of Regulations and all other applicable federal, state, and local laws and regulations. (3) Whether the use of recycled water can be made in a manner not detrimental to public health. (b) Prior to approving such uses, the City may, in its discretion, set forth specific requirements as conditions to providing such services and/or require specific approval from the appropriate regulatory agencies. Prior to approval, the user must comply with the requirements established by this chapter and any other requirements imposed by the Inland Empire Utilities Agency, State Board, or any other regulatory agencies that have jurisdiction over such uses. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) Prior to obtaining recycled water service, the user must enter into a recycled water use agreement with the City. Recycled water use shall be subject to terms and conditions established in the agreement, and in accordance with this chapter and other applicable codes, rules, and regulations. If any of the conditions of service are not satisfied at all times, the recycled water use agreement may be revoked by the Administrator, after which all recycled water service shall cease. (b) The City shall not be liable for any damage by recycled water or resulting from: (1) Defective plumbing. (2) Broken or faulty services or recycled water mains. (3) Onsite facilities failures. (4) High or low pressure conditions. (5) Interruptions of service.

(6) Any inappropriate or illegal use or management practices. (c) All recycled water will be provided to the user in the conditions and quantity specified in the recycled water use agreement. (d) Recycled water use will not be subject to the same restrictions as potable water during drought conditions and will be supplied as available. (e) Recycled water service may be terminated whenever the quality of the recycled water does not comply with the requirements of the regulatory agencies, or at any time the provisions of this chapter, or the conditions specified in the recycled water use agreement, are violated. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) An application for a service connection must be made on a form furnished by the City. The applicant shall provide the City with the anticipated recycled water demand (maximum gallons per minute) and shall specify the size of the water meter that is desired; however, the City reserves the right to determine the ultimate size of the service connection and meter. The applicant shall also specify the property to be served. The information supplied by the applicant shall be considered as authoritative and final. If any error in such application shall cause installation of a service connection that is improper, either in size or location, the cost of all changes required shall be borne by the applicant. The steps for obtaining recycled water service are as follows: (1) The applicant completes and submits a recycled water service application, including existing facility "as- built" drawings or proposed facility plans as appropriate, description of where and how recycled water use is proposed, and any other information pertinent to the use of recycled water as requested by the Administrator. (2) An engineering report shall be prepared by a qualified engineer registered in California and experienced in the field of wastewater treatment, and submitted to the State Board for approval. The City or Inland Empire Utilities Agency may prepare the report on behalf of the user, provided that the user pays all costs associated with the preparation of the report. The engineering report shall be consistent with State Board guidelines. Pursuant to the Uniform Statewide Recycling Criteria under Title 22 of the California Code of Regulations, the engineering report shall include: (i) A description of the design of the proposed reclamation system. (ii) A means for compliance with Title 22 regulations and any other features specified by the State Board. (iii) A contingency plan which will assure that no untreated or inadequately treated wastewater will be delivered to the use area. (3) The City shall forward the completed engineering report to the State Board for review and approval. (4) The user and the City will address any concerns that the State Board may have regarding the engineering report and revise the report accordingly. (5) Upon the State Board's approval of the engineering report, the user may enter into a recycled water use agreement with the City. The user must enter into the agreement to begin recycled water service and pay any applicable fees. (6) The Administrator will schedule a start-up test of the onsite recycled water system to ensure that cross- connections do not exist. (7) Upon the successful completion of the test, the Administrator may authorize recycled water service to begin. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Every applicant agreeing to receive recycled water shall sign a recycled water use agreement (to be furnished by the City) and shall be subject to the following conditions: (a) The applicant shall pay any specified connection fees, service line charges and other charges, and adhere to the requirements prescribed by this chapter and any additional requirements required by other agencies governing recycled water use. (b) In order to maintain acceptable operating conditions throughout the recycled water system, the Administrator 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 onsite system. Any scheduling shall consider the operating constraints of the affected users. (c) The Administrator may temporarily terminate recycled water service at any time recycled water produced by the Inland Empire Utilities Agency 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. (d) At a minimum, the recycled water use agreement shall include the following: (1) Names and addresses of the owner of the property and user(s) of the recycled water. (2) A statement that no changes in the proposed system will be undertaken without amending the agreement. (3) A statement that the applicant recognizes potential penalties for violation of this chapter and any regulatory agencies. (4) A copy of the State Board approved engineering report. (5) Specific quantity of recycled water to be used, including estimated average annual use in acre-feet, and the maximum gallons per minutes (GPM) needed at the point of connection (POC) as shown on the plans. (6) Approved uses. (7) A statement that the agreement shall be canceled or amended if: (i) A change of recycled water use occurs. (ii) A change in the piping system has been implemented without prior approval. (iii) A violation of these rules and regulations occurs and results in a system turn-off. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) All rates and fees regarding recycled water service and their administrative costs shall be established by the City Council and incorporated into Municipal Code Title 6, Chapter 8B. Any changes in fee and rate schedules shall be automatically adopted into this chapter. (b) Applicants for recycled water service shall pay their fair share for the construction of facilities needed to deliver recycled water to the applicant's property. All fees and estimated construction costs shall be paid prior to construction; however, the City may reimburse the applicant for a portion of the cost of such facilities as described in subsection (c) of this section. (c) Under certain circumstances, the City may contribute to the cost of designing and/or constructing the facilities needed to deliver recycled water to an applicant's property. Subject to the availability of funds, the City may: (1) Reimburse an applicant for costs incurred to install oversized facilities in the public right-of-way. (2) Elect to participate in or construct pipelines, reservoirs, pumping stations or other facilities, as the City determines necessary, and/or as funds are available.

(3) Elect to fund or construct recycled water facilities, necessary for converting existing customers from potable to recycled water, with customer reimbursement to the City in the form of an increased recycled water rate, not to exceed the potable rate, until such time as reimbursement is complete under the terms of the recycled water use agreement. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 29, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Persons desiring recycled water for construction purposes shall request a temporary water meter for connection to a City recycled water fire hydrant, and shall be subject to the fees and deposits as set forth in this chapter. It shall be the responsibility of the customer to identify the approximate location of the recycled water fire hydrant. The customer shall be responsible for any damage and repair to the meter while in the customer's possession. In the event that a meter is stolen, it will be at the City's sole discretion whether the deposit shall be forfeited. If a replacement meter is requested, a new deposit and application may be required for the replacement meter. All temporary water meters shall be installed by City staff and secured to the desired recycled water fire hydrant with a City-provided locking device. The meter shall remain at the City approved and designated location until such time as the customer requests it to be moved. The customer can request the meter to be relocated at a maximum number of four (4) times per billing period. Requests for removal or relocation will be accomplished the same working day, provided the request is made to the City prior to 1:00 p.m. of the day of the request. Any request made after 1:00 p.m. may be completed the following business day. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Recycled water service lines shall be extended by the property owner/developer to a curb line or property line of the customer's property, abutting on a public street, highway, road or City easement in which recycled water mains are installed. The size and location and/or type of recycled water service lines, service connections, meters, backflow protection devices, and any/all other appurtenances are subject to review and approval by the City. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Recycled water service shall be subject to the following conditions: (a) The City reserves the right to limit the area of land under one (1) ownership to be supplied by one (1) recycled water service connection and recycled water meter. (b) A recycled water service connection and its corresponding meter shall not be used to supply adjoining property of a different owner, or to supply property of the same owner across a road, street or other public right-of-way. (c) When a property provided with a recycled water connection and corresponding recycled water meter is subdivided, such connection and meter shall be considered as serving the lot or parcel of land it directly or first enters. Additional recycled water mains and/or recycled water service lines will be required for all subdivided areas in accordance with this chapter. (d) Private irrigation systems for homeowner's associations and other developments where landscaping around homes and in common areas are served with one (1) recycled water meter, shall not be allowed to cross public roads,

easements, or other public rights-of-way without City approval. (e) 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. (f) Every recycled water service line shall be equipped with an angle curb stop on the inlet side of the meter; such angle curb stop being intended exclusively for the use of the City in controlling the recycled water supply through the recycled water service line. If the curb stop is damaged by the user's use to an extent requiring replacement, such replacement shall be at the user's expense. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18s, 2025)

Whenever possible, the recycled water system will operate 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. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 30, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Should a recycled water service line installed pursuant to the request of the applicant, owner, or user be of the wrong size, or installed at a wrong location or depth, then the cost of all changes requiredshall be paid for by the applicant, owner, or user. All recycled water services provided prior to final street improvements will be considered temporary and the costs for all repairs or changes required to be performed by the City must be paid by the applicant, owner, or user. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Article 5: Protective Measures

(a) Chapter 8E of Title 6 of the Municipal Code establishes the rules and regulations for the City’s active Cross- Connection Control Program (“Program”). Service is conditioned on the users adherence to the Program. The City has designated a Cross-Connection Control Coordinator (“Coordinator”) for the Program. When a request for recycled water service is initiated, the applicant must provide sufficient information, including plumbing and building plans, to enable the Administrator, Coordinator, and other regulatory agencies to determine the level of backflow protection required. The proper backflow protection, as determined by the Administrator, Coordinator, and other regulatory agencies, shall then be installed and tested according to Chapter 8E before recycled water service is provided. Users must make their premises open for inspection at all reasonable times in accordance with § 6-8.908 of Chapter 8E. (b) Any questions or notifications regarding these provisions or the program should be directed to the Coordinator or the Administrator, or his/her designee. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) Water meters used for recycled water service shall be tagged or color-coded purple, color Pantone 512 or 522, 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. (b) Where premises contain dual or multiple water systems and piping, the exposed portions of pipelines shall be painted, banded, or marked pursuant to § 6-8.725 at sufficient intervals to distinguish clearly water is that safe for drinking purposes and water that is not safe. All outlets intended for drinking purposes shall be plainly marked to indicate that fact. (c) For residences providing recycled water services, water outlets that serve non-potable water shall be marked with the words "Recycled Water - Do Not Drink." (d) Periodic inspection by the City of the recycled water facilities will determine if all identifying items are clearly discernable. If not, they shall be immediately replaced, repaired or refurbished as needed, by the user. These items include: (1) Warning tags. (2) Painted surfaces. (3) Warning tape. (4) Identification tape. (5) Covers, caps, signs. (6) Other items that indicate recycled water is being used. (e) To determine the existence of any cross-connections or backflow conditions into the potable water system, periodic testing by State Board approved methods will be performed by the Administrator and/or other regulatory agencies. (f) The State and County Health Departments, the Administrator, and the IEUA shall be kept informed by written document of the identity of the person responsible for the user's recycled water system on all premises concerned with these rules and regulations. At each authorized use area, an “Onsite” Recycled Water Supervisor shall be designated. This supervisor shall be responsible for: (1) The installation and use of all components of the onsite recycled water system(s). (2) Prevention of cross- connections. (3) Change in use of recycled water. (g) When the recycled water uses or conditions, as determined by the Administrator, Coordinator or other regulatory agencies, represent a clear and immediate hazard to the City's potable and/or recycled water supply that cannot be immediately removed or corrected, the Administrator shall terminate recycled water use. Section 6-8.920 of Chapter 8E establishes the conditions or uses that create a basis for termination. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

If the Administrator determines an emergency exists where all or parts of the recycled water system are unable to provide recycled water, the Administrator may approve an emergency temporary connection to the potable water system. Before such emergency temporary connection is made, the portion without recycled water shall be isolated by an air gap separation from the remainder of the recycled water system. This isolation shall occur at either individual services or on the offsite system, as determined by the Administrator. An approved backflow prevention device shall be installed on the potable water lines in accordance with this chapter and any and all applicable rules and regulations of the state and local health departments. The recycled water system shall be disinfected in accordance with Title 22 California Code of Regulations and AWWA C651 Standard prior to any use of potable water through the system. Before the emergency temporary connection or connections shall be removed, whether onsite or offsite, the user shall

notify the City's Municipal Utilities' Water Quality Programs Division. The emergency temporary connection shall be removed before connection to the recycled water system is re-established. Re-establishment of recycled water service must be inspected and approved by the Administrator prior to resuming delivery of recycled water. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Article 6: Facilities Design and Construction

(a) The design of offsite and onsite recycled water facilities, including the preparation of plans and construction specifications, shall be under the responsibility of an engineer registered in the State of California. The design of customer (onsite) facilities that will use recycled water, and preparations of plans and construction specifications, shall be stamped and signed by a State of California registered landscape architect or civil engineer, unless otherwise approved by the Administrator. (b) Before the Administrator grants final acceptance of any system using recycled water, as-built drawings of the system shall be provided. The installed system shall be tested in accordance with the City Standard Specifications to ensure that the system is in full compliance with applicable rules and regulations. (c) All offsite and onsite recycled water facilities shall be designed and constructed according to the requirements, conditions, and standards as adopted in the City Standard Specifications to ensure that the system is in full compliance with this chapter. Recycled water systems, both onsite and offsite, shall be separate and independent of any potable water systems. (d) Where the premises contain dual or multiple water systems, the exposed portions of pipelines shall be identified at sufficient intervals. (e) Areas irrigated with recycled water must be kept completely separated from domestic water wells and reservoirs. Recycled water shall not be applied or allowed to migrate to within fifty (50) feet of any well used for domestic supply. No impoundment of recycled water shall be located within one hundred (100) feet of any domestic water well, unless it can be demonstrated that special circumstances justify lesser distances to be acceptable. (f) Adequate means of notification shall be provided to inform the public, employees and others that recycled water is being used. Conspicuous signs with appropriate wording that can be clearly read should be placed at adequate intervals around the authorized use area. (1) Golf courses should print messages on score cards in a different color indicating recycled water is being used. Water hazards containing recycled water should be posted with appropriate signs. (2) Languages in addition to English should be used on signs where appropriate. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) Any offsite recycled water distribution facilities required to serve existing or new developments of the property within the City, as determined by the Administrator, shall be provided by the applicant, owner, or customer at their expense, unless the Administrator determines it is a City benefit to construct these capital facilities. (b) Plans and specifications for all recycled water distribution facilities shall be submitted to and approved by the Administrator, and other regulatory agencies, in advance of construction. (c) The City will assume responsibility for providing recycled water service to the point of connection of such development on transfer, to the City, of the title to all offsite recycled water systems and any necessary easements. All

easements shall be in a form acceptable to the Administrator, and not subject to outstanding obligations to relocate such facilities or any deeds of trust, except in instances where such is determined by the Administrator to be in the best interest of the City. (d) The City and the property owner or developer may enter into a reimbursement agreement for the portions of a recycled water system that are required to be oversized with capacity to supply more recycled water than the property owner or developer requires. The determination to enter into a reimbursement agreement, and the specific items that are the subject of reimbursement, will be made by the City. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) The user or the owner of the property shall be responsible for all costs associated with onsite recycled water facilities. (b) When City standards and specifications require a higher quality material, equipment, design or construction method than that required by other governing codes, rules and regulations, the City standards and specifications shall take precedence. (1) In areas where recycled water is not immediately available when the use area is ready for construction, and if the City has determined that recycled water will be supplied in the future, onsite facilities shall be designed to use recycled water. Provisions shall be made to allow for connection to the City's offsite recycled water facilities, when available. In the interim, potable or other suitable water may be supplied to the onsite facilities through an "interim service connection." (2) Conditions of interim service are: (i) The City anticipates recycled water will be available to the site within five (5) years of the time interim service is initiated. (ii) The user or the owner of the property must sign a recycled water use agreement. (iii) The user or the owner of the property must agree to perform or pay for all work necessary to remove the interim connection and make connections to the permanent recycled water system at the time the recycled water system is installed. (iv) An approved backflow prevention device is required on the interim service. The backflow prevention device shall be downstream of the meter and shall be a part of the onsite recycled water facilities. (v) Future recycled water users will pay for the following: (A) Cost of constructing and abandoning the interim service and cost of constructing the recycled water service. (B) Applicable recycled water fees at the time service becomes available. (C) Applicable interim water rates for the type of water delivered through the interim service. (vi) When recycled water is available to the site, an inspection of the onsite facilities will be conducted by the Administrator to verify that the facilities are still in compliance with the recycled water use agreement. Recycled water service shall be provided on verification of compliance. If the facilities are not in compliance, the Administrator shall notify the user to make any necessary corrections. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 32, Ord. 2816, eff. December 1, 2005 and § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) Construction of all new recycled water facilities will follow City standards and specifications and the American Water Works Association Construction Guidelines for Recycled Water Facilities. (b) Where it is planned that an existing non-recycled water system shall be converted to a recycled water facility, the facilities to be converted to recycled water shall be investigated in detail at the user's expense, to determine the measures required to bring the system into full compliance with this chapter. No existing potable water facilities shall be connected to or incorporated into the recycled water system without City and State Board approvals. (c) If, due to onsite failure of the recycled water system, the Administrator determines that it is necessary to convert onsite facilities from a recycled water supply to a potable water supply, a comprehensive investigation shall be performed by or for the City. (1) The facilities to be converted to recycled water use shall be investigated in detail, including review of any record drawings, preparation of required reports, and determinations by the City of measures necessary to bring the system into full compliance with this chapter for recycled water service. (2) No potable water facilities shall be connected to or incorporated in the recycled water system that have not been approved for recycled water service by the City. (d) It shall be the responsibility of the user to pay all costs for such conversion. Conversion costs may include, but are not limited to, the following: (1) Isolation of the recycled water supply. Service shall be removed and plugged at the City main or abandoned in a manner approved by the Administrator. (2) Installation of approved backflow prevention devices, as determined by the Administrator, on all potable and/or other water meter connections. (3) Removal of any/all special recycled water quick couplers. The user shall be responsible for replacement with quick couplers approved for potable water systems. (4) Notification to all onsite personnel involved. (5) Removal of all warning labels/signs. (6) Installation of any/all potable water facilities and payment of any associated capacity fees, as established in Title 6, Chapter 8B, of the Municipal Code. (7) System flushing, disinfecting, decontamination, and water quality analyses, as required by the City and/or other regulatory agencies. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Article 7: Facilities Operation

The City and/or the Inland Empire Utilities Agency shall be responsible for the operation, maintenance and surveillance of all offsite recycled water systems. This includes, but is not limited to, recycled water pipelines, valves, connections, storage facilities, and other related equipment and property up to and including the meter. Only the City and/or the Inland Empire Utilities Agency personnel and their representatives shall operate, adjust, change, alter, move or relocate any portion of their respective offsite recycled water facilities. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) General. (1) The operation, surveillance, repair, and maintenance of all customer recycled water facilities are the responsibility of the user and his or her designated Onsite Recycled Water Supervisor. (i) The Onsite Recycled Water Supervisor shall be responsible for the installation, operation, and maintenance of the onsite recycled water system, enforcing applicable requirements of the City's recycled water use agreement, preventing potential hazards related to such system, maintenance of the system plans in "as- built" form, and distribution of recycled water in accordance with applicable laws and permits held by the City. (2) The Administrator shall have the right to enter the user's premises to monitor and inspect all onsite recycled water facilities. Where necessary, keys and/or lock combinations shall be issued to the Administrator to provide such access during hours of recycled water system operation. (b) The Onsite Recycled Water Supervisor shall have the following responsibilities pertaining to operation of onsite facilities: (1) Ensure that all operations personnel are trained and familiarized with the use of recycled water. (2) Furnish all operations personnel with maintenance instructions, irrigation schedules, controller charts, and as- built drawings to ensure proper operation in accordance with the onsite facilities design and applicable rules and regulations. (3) Prepare and submit to the Administrator one (1) reproducible set of as-built drawings. (4) Notify the Administrator of all updates or proposed changes, modifications, or additions to the onsite facilities and operations for review and approval prior to construction or implementation. All updates and proposed changes shall comply with this chapter, the recycled water use agreement and any other applicable rules and regulations. (5) Ensure that the operation and maintenance of all recycled water facilities remain in accordance with this chapter, the recycled water use agreement and any other applicable rules and regulations. (6) Operate and control the system in order to prevent direct human consumption of recycled water and to control and limit runoff. The user or the owner of the property 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 are not limited to: (i) Minimizing discharge onto areas not under control of the user so as to minimize public contact. Full circle sprinklers shall not be used adjacent to sidewalks, roadways, and property lines in order to confine the discharge to the use area. (ii) Operating the onsite recycled water facilities during periods of minimal human use of the service area, and allowing a maximum dry-out time before the irrigated area will be used by the public. (iii) Providing adequate first aid kits on the premises, and promptly treating all cuts and abrasions to prevent infection. If infection is likely, a physician should be consulted. (iv) Taking any other precautionary measures to minimize direct contact with recycled water. User's employees, residents, and the public should not be subjected to recycled water sprays. (v) Applying recycled water 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. (vi) Reporting to the Administrator any/all failures in the recycled water system that cause an unauthorized discharge of recycled water. (vii) Protecting all drinking fountains located within the approved use area, 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.

(viii) Protecting facilities that may be used by the public, including but not limited to, eating surfaces and playground equipment located within the approved use areas, by locating seating and/or structures 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. (c) The user shall enforce the following prohibitions: (1) Cross-connections, as defined by the Cross-Connection Control Policy Handbook, 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. (2) Discharge of recycled water for any purpose, in areas other than those specifically approved in the recycled water use agreement, and without the prior approval of the Administrator, is prohibited. (3) Use or installation of permanent hose bibs on any customer water system that presently operates or is designed to operate with recycled water is prohibited. (4) 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 the Administrator. (5) 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. (6) Use of recycled water for any purposes other than those specifically approved in the recycled water use agreement, and without the prior approval of the Administrator, is prohibited. (7) Conditions that directly or indirectly permit windblown spray to pass outside of the approved use area, whether by design, construction practice, or system operation, are prohibited. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) The Administrator will periodically monitor and inspect the entire recycled distribution facility, including both offsite and onsite facilities. The Administrator will conduct monitoring programs, maintain records as deemed necessary, inspect onsite facilities for compliance with applicable rules and regulations, and provide reports as requested by the State Board. For these purposes, the Administrator will have the right to enter the user's premises during hours of recycled water system operation to inspect onsite recycled water facilities and approved areas of recycled water use, to ensure compliance with this chapter and Chapter 8E, including the requirement that runoff be controlled and limited (§ 6-8.730(b)(6)) and the prohibition of cross-connections between potable water facilities and recycled water facilities (Chapter 8E). (b) The approved user shall be responsible for providing access to and cooperation with the City's Cross- Connection Control Specialist or designee so that the City's Cross-Connection Control Specialist or designee can perform periodic cross-connection tests, site inspections and backflow prevention device tests. Site inspections shall include pressure testing of the system(s) as well as a visual check of the entire system to verify that no cross- connections or unapproved connections exist. The approved user shall be responsible for correcting any work which violates the City's regulations, at the user's sole expense, including any costs associated with repair and re-testing the backflow prevention device should the backflow prevention device fail to pass the required test. (c) If the user or owner changes, the City's Cross-Connection Control Coordinator or designee will perform an inspection and test to verify compliance with this chapter and Chapter 8E.

(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

(a) The user or owner is responsible for maintaining all onsite facilities that are under the ownership of parties other than the City. (b) No person shall place, dispose, deposit or permit the placement, disposal, or deposit of oil, toxic, hazardous or contaminated liquid or waste, trash, soil, building materials, or any 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 or make their location difficult to determine. (c) 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 Administrator will provide reasonable notice to the user before assessing the charge. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

If a recycled water meter fails to register during any period or is known to register inaccurately, the owner or user shall be charged using a reasonable average daily consumption based on prior consumption or based on other reasonable calculations in the absence of historical consumption data. The City will examine and test the meter through which recycled water is being furnished or determine whether it is correctly registering the amount of recycled water being delivered. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Article 8: Enforcement

(a) Diversion and tampering are prohibited. (b) Diversion and tampering are crimes under the California Penal Code and are violations of the Water Code and the Civil Code. Diversion and tampering may be subject to charges and penalties, as well as referral to the District Attorney for criminal prosecution. All charges and penalties shall be applicable and collected in accordance with applicable laws and regulations. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)

Nothing in this chapter limits or restricts the City's general authority to enforce noncompliance of applicable rules and regulations. The City retains the right to enforce violations of this chapter in accordance with Chapter 1-5 or in accordance with any other legally authorized process, including but not limited to discontinuing service to any customer that commits a violation, infraction, or otherwise fails to comply with the Municipal Code, any amendments or additions thereto, and any adopted rules or regulations. Prior to the service disconnection, the City shall provide

notice to the customer where a violation, infraction, or otherwise noncompliance results, or is likely to result, in a dangerous or unsanitary condition on the customer's premises, or within the City's water system, and where disconnection of service is necessary to protect the City from fraud, imposition, loss or abuse. (§ 2, Ord. 3197, eff. January 7, 2022, § 3, Ord. 3297, eff. March 18, 2025)