Ontario Municipal Code Art. 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)