Article X — RECYCLED WATER USE

SEC. 22-175. SHORT TITLE.

This article shall be known and cited as the "City of Oxnard Recycled Water Use Ordinance".

(Ord. No. 2728)

SEC. 22-176. FINDINGS.

(A) The people of the State of California have a primary interest in the development of programs and facilities to recycle water to supplement existing water supplies and assist in meeting future water demands. The conservation of all available water resources requires the maximum reuse of water for beneficial uses.

(B) Implementing these state policies is in the best interests of the city and its residents and businesses. This article is necessary to further these policies, to ensure the long-term integrity and reliability of the common water supplies in the region, and to preserve the health, safety and welfare of the community.

(C) The city is developing, and will own and operate recycled water distribution facilities, providing highly purified recycled water for irrigation, groundwater recharge and approved municipal and industrial uses within and adjacent to the city's sphere of influence.

(D) By developing and utilizing recycled water, the city can reduce its need for additional imported water and local groundwater supplies. Where recycled water is available, certain uses of potable water may be considered unreasonable or wasteful.

(E) The purpose of this article is to promote water conservation and recycled water use, to ensure the maximum public benefit from the use of city water supplies.

(Ord. No. 2728)

SEC. 22-177. POLICIES AND PURPOSE.

(A) In implementing the mandates of Water Code Sections 13550 and 13551 and Government Code Sections 65601 through 65607, the policy of the city is that:

(1) Recycled water shall be used for suitable, non-potable purposes whenever and wherever recycled water is available at a reasonable cost and of an adequate

quality, and

(2) Prior planning for the use of recycled water will enable the city to maximize its reasonable and beneficial use.

(B) The intent of the city council in adopting this article is that recycled water shall be used whenever it is available at a reasonable cost and of an adequate quality because doing so is in the best interests of public health, safety and welfare, and provides a beneficial use to customers and the community. The city council reserves the right to require customers to use recycled water in lieu of potable water for all approved uses, consistent with state law. This mandate applies to existing and potential new customers.

(C) Recycled water shall be used in a manner that complies with all applicable laws, ordinances, and regulations, and in circumstances that will:

(1) Replace the use of potable water supplies in instances where the use of recycled water is available at a reasonable cost and of an adequate quality;

(2) Reduce the discharge of water from city facilities to the ocean;

(3) Prevent direct human consumption of recycled water;

(4) Not result in any material negative impact to the environment; and

(5) Prevent the run-off of recycled water from irrigated areas.

(Ord. No. 2728)

SEC. 22-178. POWERS AND DUTIES OF MANAGER.

(A) The manager shall be primarily responsible for implementing this article. The manager may delegate this responsibility to appropriate representatives or agents of the city.

(B) The manager shall set and enforce regulations necessary to implement and enforce this article by developing and periodically updating the recycled water master plan, as provided in section 22-179.

(C) The manager shall coordinate efforts between the city and other local, regional, state, or federal agencies to implement this article, and otherwise ensure that the city maximizes the production and use of recycled water to the extent practical.

(Ord. No. 2728)

SEC. 22-179. RECYCLED WATER MASTER PLAN.

(A) Within one year of the effective date of this article, the manager shall prepare and present to the city manager for adoption a recycled water master plan. The recycled water master plan shall be updated periodically, as the manager determines necessary to maintain consistency with local, state and federal laws, regulations and policies with respect to recycled water. The city manager shall approve all substantive updates to the recycled water master plan.

(B) The recycled water master plan shall include, but not be limited to, the following:

(1) Policies encouraging the use of recycled water. This includes requiring the use of recycled water when the manager has provided the customer an analysis showing that recycled water is a cost-effective alternative to potable water for such uses and the customer has had a reasonable time to make the conversion to recycled water.

(2) General rules and regulations governing the distribution and use of recycled water.

(3) Standards to which all city owned and on-site recycled water distribution facilities must conform.

(4) An evaluation of the location and size of present and future recycled water treatment facilities, distribution pipelines, pump stations, reservoirs, and other related

facilities, including cost estimates and potential financing methods.

(5) Identification of those areas within and adjacent to the city's sphere of influence where recycled water may be used.

(6) For each recycled water use area, or use type within each recycled water use area, identification of those areas within which or types of uses where recycled

water use shall be mandatory.

(7) Identification of resources and recommendations of specific measures to assist recycled water users in financing recycled water use projects, including, but not

limited to, identifying incentives, discounts in water rates, and other measures.

(8) A public awareness program to educate the public about, and promote the safe use of recycled water.

(9) Best management practices, standards, protocols, and guidelines to ensure that recycled water use at each on-site recycled water facility is conducted safely and consistently with all local, state and federal laws and regulations. These best management practices shall include comprehensive rules and guidelines regarding: operational controls; conversion requirements; cross-connection controls; posting of notices; worker education and protection; facilities use and maintenance; supervisory controls; and notification requirements.

(Ord. No. 2728, 2810)

SEC. 22-180. MANDATORY RECYCLED WATER USE.

Within each mandatory recycled water use area identified in the recycled water master plan:

(A) For suitable uses, no customer shall use water from any other source when recycled water is available. The procedures provided in section22-181 shall be utilized to convert existing potable water uses to recycled water, where appropriate; and

(B) The city shall condition the permitting of all new customers to include the construction of on-site recycled water facilities so that recycled water use is maximized.

(Ord. No. 2728)

SEC. 22-181. CONVERSION OF EXISTING POTABLE WATER SERVICE.

(A) Based upon the designation of mandatory water reuse areas, or the commencement of the design of new city owned recycled water facilities, the manager shall make a determination as to which existing potable water uses shall be converted to use recycled water. Each affected customer shall be notified of the basis for the determination to convert to mandatory recycled water service, as well as the proposed conditions and schedule for the conversion.

(B) The notice of the manager's determination, including the proposed conditions and time schedule for compliance, shall be sent to the customer using certified mail.

(C) The customer may file an objection with the manager within thirty days of the delivery of the notice of determination, and may request reconsideration or modification of the determination, proposed conditions or schedule for conversion to recycled water use. The objection must be in writing and specify the reasons for the objection.

(D) The manager's determination shall be final if the customer does not file an objection within the thirty-day period. The manager shall review the objection, meet with the customer as appropriate, and shall, within 30 days of the filing of the notice of objection, confirm, modify, or abandon the determination. The customer may appeal the manager's determination as provided by section 22-6.

(Ord. No. 2728)

SEC. 22-182. DEVELOPMENT AND WATER SERVICE APPROVALS.

(A) Upon application for any new industrial, commercial, or residential subdivision or building permit located within a designated recycled water use area, the manager shall, based upon the recycled water master plan, make a determination whether the proposed use of the property shall include the use of recycled water. All applicable subdivisions and building permits may include, as a condition of approval, the requirement for construction of:

(1) Recycled water transmission facilities which shall be dedicated to the city as city-owned recycled water facilities, and

(2) On-site recycled water facilities, as may be necessary to allow for the delivery and use of recycled water.

(B) When a customer applies for a permit for the alteration or remodeling of multi-family, commercial, or industrial structures, the manager shall make a determination consistent with the recycled water master plan whether the project permit shall include, as a condition of approval, the requirement for construction of on-site recycled water facilities necessary to allow for the delivery and use of recycled water.

(C) Any customer may request the manager to make a determination whether recycled water may be used in lieu of potable water for all or some portion of the customer's water uses. The manager shall review such requests on a case-by-case basis and make a determination consistent with the recycled water master plan.

(Ord. No. 2728, 2810)

SEC. 22-183. RECYCLED WATER USE; PREVENTION OF IMPROPER USE.

The manager shall implement all appropriate methods of inspection, public education, individual customer on-site training, and monitoring that may be necessary to ensure that recycled water is used in a manner that poses no risk to human health and safety, and no material negative impact to the environment. At a minimum, the manager shall:

(A) As a part of any development or building permit requiring the construction of on-site recycled facilities, impose a condition requiring compliance with all applicable federal, state and local recycled water use laws and regulations.

(B) Review the plans for the on-site recycled facilities and non-recycled water distribution systems and conduct appropriate field inspections during construction.

(C) Ensure that recycled water shall not be supplied to any customer until the customer is in compliance with applicable statutory and regulatory requirements.

(Ord. No. 2728)

SEC. 22-184. SANCTIONS.

(A) Any person who violates any provision of this article shall, for each day of violation, or portion thereof, be subject to a fine not exceeding $1000. In addition, the city may discontinue water service to the customer. Each day that each violation is committed or allowed to continue shall constitute a separate offense.

(B) The use of recycled water in any manner in violation of this article or applicable statutes or regulations is hereby declared a public nuisance and shall be corrected or abated as ordered by the city manager. Any person creating such a public nuisance may be charged with a misdemeanor.

(C) The city may seek to enjoin the use of recycled water in violation of this article or in a manner that otherwise causes or threatens to cause a condition of nuisance.

(D) The enforcement actions authorized by this article are in addition to, and do not supersede, any other remedies available under city, state, or federal laws applicable to activities subject to this article, and any other remedies available under law.

(Ord. No. 2728)