Rialto Municipal Code Ch. 12.32 Public Utilities

This chapter is enacted pursuant to the authority contained in the Municipal Water District Law of 1911; California Water Code, Section 71000 et seq., as amended; and pursuant to the Recycled Water Act of 1991, California Water Code, commencing with Section 13575; and Section 13500, known as and may be cited as the Water Recycling Law, including Section 13550.

(Ord. 1361 § 1 (part), 2004)

The purpose of this chapter is to promote the conservation of all water resources and to provide for the maximum public benefit from the reuse of recycled water supplies made available from the water reclamation facilities (WRFs) owned and operated by the city of Rialto. The use of recycled water will be encouraged and provided for uses including, but not limited to: landscape irrigation, commercial and/or industrial process, construction, groundwater recharge, wildlife habitat, recreational impoundment, agriculture, and any additional uses permitted under Title 22, Division 4, Chapter 3, Water Recycling Criteria, Section 60301 et seq., of the California Code of Regulations.

(Ord. 1361 § 1 (part), 2004)

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

"Adequate quality" means the quality which satisfies the requirements of regulatory agencies for a particular use.

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

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

"City administrator" means the city administrator of the city of Rialto or his or her designee.

"City council" means the city council of the city of Rialto.

"City engineer" means the city engineer of the city of Rialto or his designee.

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

"Cost" means the amount paid by the customer for recycled water service.

"Director of public works" means the director of public works of the city of Rialto or his or her designee.

"DOHS" means state of California Department of Health Services.

"Feasible" means capable of completion within a reasonable period of time for a reasonable price.

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

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

"Local recycled water distribution system" which is owned and/or operated by a municipal or retail water agency; the local recycled water distribution system is generally an approved extension of the recycled water distribution system.

"NPDES permit" means national pollutant discharge elimination system permit issued to regulate the operation of a recycled water treatment plant, the quality of recycled water produced, and to provide a master recycling permit.

"Off-site facilities" mean water facilities from the source of supply to the point of connection with the on-site facilities up to and including the water meter.

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

"Owner" means the owner of a property that is anticipated to receive or is currently receiving recycled water service.

"Person" means any individual or entity including but not limited to any person, firm, company, or corporation, partnership, association, any public corporation, political subdivision, city, county, district, the state of California, the United States of America or any department or agency thereof. The singular in each case shall include the plural.

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

"Recycled water" as defined in Title 22, Division 4, Chapter 3, Water Recycling Criteria, Section 60301 et. seq., of the California Code of Regulations; water which is available as a result of the treatment of wastewater. Also as described in subdivision (n) of Section 13050 of the Water Code of the State of California, treated wastewater that is suitable for direct beneficial use or a controlled use that otherwise would not occur.

"Recycled water customer" means existing or future properties requiring water supply which is not mandated to use solely potable water shall be identified as a recycled water customer.

"Recycled water distribution system" means the pipelines, equipment, structures, controls, etc., used in the preparation, pumping, transmission, storage, and distribution of recycled water; owned and operated by the city of Rialto.

"Recycled water producer" means any local entity that produces recycled water.

"Recycled water use permit" means a document evidencing that an application for connection to the recycled water distribution system has been prepared, examined and approved by the city of Rialto.

"Recycled water wholesaler" means any local entity that distributes recycled water to a retailer and which has constructed, or is constructing, a wholesale recycled water distribution system.

"Retail water agency (retailer)" means any local entity, a public agency, or a private water company in whose service area is located the property to which a customer requests the delivery of recycled water.

"Service connection" means the city of Rialto facilities, including but not limited to, a service valve, a meter box, a meter, and piping; between the city's recycled water distribution system and the customer's on-site facilities, or between the retail water agency's facilities and the customer's on-site facilities.

"Sufficient quantity" means an amount of water needed to satisfy requirements without interruption.

"Wholesale of recycled water" means the transfer/sale of recycled water, from the city of Rialto to a retail water agency.

"Wholesale recycled water rate" means the rate for a unit of wholesale recycled water sold to retail water agencies which shall be set by agreement and approved by the Rialto city council and Rialto utility authority.

(Ord. 1361 § 1 (part), 2004)

A. General. The city of Rialto has prepared and approved the "Engineer's Report for the Production, Distribution and Use of Recycled Water," dated April 17, 2002, to define, encourage and develop the use of recycled water within its service area. The engineer's report is available for public inspection at the office of the city clerk and is incorporated herein by this reference as though set forth in full hereat. The engineer's report may be updated from time to time by resolution of the city council and shall be updated not less often than every five years.

B. Contents of the Engineer's Report. The report includes, but is not limited to: (i) recycled water project: evaluation of the location and size of present and future recycling facilities, distribution pipelines, pump stations, reservoirs, and other related facilities, (ii) use areas: the report describes use areas within the boundaries of the city of Rialto, that can or may in the future use recycled water in lieu of potable water. Recycled water uses may include, but not be limited to the irrigation of greenbelt and agricultural areas, filling of artificial lakes, and appropriate industrial and commercial uses.

(Ord. 1361 § 1 (part), 2004)

If any section, subsection, sentence, clause or phrase of these rules, regulations, or requirements is for any reason found to be invalid or unconstitutional, such decision shall not affect the remaining portions of this chapter. The city council of the city of Rialto and Rialto utility authority declare that they would have approved these rules, regulations, and requirements individually by section, subsection, sentence, clause, or phrase irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.

(Ord. 1361 § 1 (part), 2004)

This chapter shall pertain to the on-going operation, expansion and implementation of the recycled water distribution system within the legal boundaries of the Rialto utility authority's service area, unless otherwise stated. With the expressed approval of the city council of the city of Rialto and the Rialto utility authority, recycled water service shall also be extended to lands, uses, and/or improvements lying outside the legal boundaries of such service area.

(Ord. 1361 § 1 (part), 2004)

The Rialto utility authority will provide recycled water service, where available, to customers within its retail water service boundaries. The city of Rialto may provide recycled water service for certain other municipal agencies or private water retail companies whose service area/property falls outside of Rialto's service area. The customer shall be prepared to accept recycled water service from the Rialto utility authority or a retail water agency. Depending on the location of a given property, the city of Rialto and/or the retail water agency shall determine the method for delivery of recycled water; it may be provided through a direct connection to the city's recycled water system within the retail water agency's service area, or through a connection to the retail water agency's own local distribution system.

(Ord. 1361 § 1 (part), 2004)

In the event a development application is reviewed and found to be a suitable application for use of recycled water, but recycled water is not yet available to the property, such development permit shall be conditioned to require an appropriate recycled water distribution system within the project to accommodate recycled water at such time as recycled water becomes available to the site.

(Ord. 1361 § 1 (part), 2004)

A. The city's engineer may implement a program of review of each parcel of property within the incorporated boundaries of the city of Rialto to determine which parcels would be appropriate for using recycled water for industrial processing, landscape irrigation, or other appropriate uses by existing customers.

B. Based on this review, addressing the designation of each recycled water service area or the commencement of the design of new recycled water facilities, the city of Rialto shall make preliminary determinations as to which existing potable water customers shall be converted to the use of recycled water. Each water customer shall be notified of the basis for determining that conversion to recycled water service will be required, as well as the proposed conditions and schedule for conversion.

C. In making such determination, the city engineer, in consultations with the prospective recycled water customer(s), shall consider, but not be limited to, the following factors:

1. Whether recycled water is or will be available to the site;

2. Whether the uses, processes or equipment used on the site can safely and effectively be operated with recycled water;

3. Whether it is feasible to modify on-site facilities to utilize recycled water;

4. Whether the use of recycled water would be cost-effective, technically feasible and cost-competitive for prospective recycled water customers.

D. If a property is identified as being suitable for use of recycled water and recycled water is or will be available to the site, the potential customer (property owner) shall be notified.

The notice provided to a potential recycled water customer of the preliminary determination, including the proposed conditions and time scheduled for compliance shall be delivered or mailed to the potential recycled water customer.

E. Within thirty days of such notification, the potential customer (property owner or the occupant) of the property must either: (i) apply for the use of recycled water and commence the necessary work to convert to recycled water, or (ii) provide satisfactory evidence to the retail water agency's engineer and the city's engineer, that conversion of the site to use recycled water is not technically or economically feasible, or (iii) would result in the loss of diminution of an existing water right, or (iv) would be harmful to the public health, safety, welfare, or to the environment.

F. At the time of commencing the work, the property owner shall furnish the city engineer a schedule showing the time frame of when the conversion work will be completed. The city engineer may grant an extension of time for the preparation of studies, environmental review or other good reason.

G. Objections/Appeals.

1. The water customer may file a notice of objection within thirty days after any notice of determination to comply is delivered or mailed to the customer, and may request reconsideration of the determination or modification of the proposed conditions or schedule for conversion.

2. The objection must be in writing and specify the reasons for the objection.

3. The preliminary determination shall be final if the customer does not file a timely objection.

4. City staff shall review the objection and shall confirm, modify or abandon the preliminary determination.

5. Upon issuance of a final determination by staff, customer may appeal the determination as follows:

a. The customer may appeal to the director of public works; and if not satisfied;

b. The customer may then appeal to the city administrator.

(Ord. 1361 § 1 (part), 2004)

The city engineer shall identify and give notice to all persons, firms, and corporations which have failed to commence the use of recycled water obligated under the general rule, and determine the reasons for such persons, firms, or corporations for failing to take recycled water, after being offered the opportunity.

(Ord. 1361 § 1 (part), 2004)

The city of Rialto may initiate proceedings to institute mandatory service to a person, firm or corporation as follows:

A. The potential recycled water customer shall be notified in writing why the city engineer has determined it is feasible to convert to recycled water service; initiating a thirty-day period for filing protests or requesting a waiver.

B. After the thirty-day protests and waivers period has expired, findings shall be made, and the city engineer shall request of the city council and Rialto utility authority to conduct a joint hearing to find the conditions for mandatory use exist.

(Ord. 1361 § 1 (part), 2004)

In the event the potential recycled water customer (property owner or the occupant) fails, neglects, or refuses to convert to the use of recycled water, such potential customer shall pay to the Rialto utility authority a surcharge on the amount of potable water used on the site in an amount of fifty percent of Rialto utility authority's highest rate for potable water.

(Ord. 1361 § 1 (part), 2004)

All costs associated with retrofitting recycled water facilities at the customer's site shall be paid by the customer. The city of Rialto will provide recycled water customers with technical assistance for the preparation of the customer's preliminary engineering report and permits for use of recycled water. The city of Rialto may, at its discretion, offer to finance a loan to the recycled water customer(s) for retrofitting the recycled water facilities at the customer's site at the interest rate available to the city of Rialto. Loans will be made for ten years maximum.

(Ord. 1361 § 1 (part), 2004)

The rate for a unit of wholesale recycled water sold by the Rialto utility authority to retail water agencies shall be set by agreement and approved by the Rialto city council and Rialto utility authority.

(Ord. 1361 § 1 (part), 2004)

Recycled water customers shall pay a rate which is ninety percent of the rate as established for potable water for irrigation, as set by the Rialto utility authority and as may be revised from time to time.

(Ord. 1361 § 1 (part), 2004)