San Clemente Municipal Code Ch. 13.44 Mandatory Recycled Water Use

It is the desire of the City to provide reliable and energy-efficient water services in a customer-oriented and environmentally responsible manner. In light of this desire, it is the policy of the City that recycled water shall be used within the Service Area in certain situations.

(Ord. No. 1531, § 2, 12-7-2010)

For the purpose of this chapter, the following definitions are applicable:

"Applicant" means an Owner or his authorized or his authorized representative who applies for recycled water service under the terms of the Rules and Regulations and this Chapter. An approved Applicant becomes a User.

"City" means the City of San Clemente, State of California.

"City Manager" means the City Manager of the City of San Clemente.

"Onsite System" designates or relates to facilities owned and operated by a User, normally downstream of the water meter.

"Offsite System" designates or relates to public recycled water facilities up to and including the water meter.

"Owner" means any holder of legal title, contract purchaser, or lessee under a lease with an unexpired term of more than one (1) year, of property for which recycled water service has been requested or established.

"Potable Water" means that water which is pure and wholesome, does not endanger the lives or health of human beings, and conforms to the latest edition of the California Safe Drinking Water Act, or other applicable standards.

"Recycled Water" means wastewater that has been treated and disinfected by the City to comply with tertiary treated recycled water requirements established by the State of California Department of Health Services within Title 22, Division 4, Chapter 3 of the California Code of Regulations.

"Regulatory Agencies" means those public agencies legally constituted to protect the public health and water quality, such as the California Department of Health Services, the California Regional Water Quality Control Boards and the California Department of Public Health.

"Rules and Regulations" means the "City of San Clemente Rules and Regulations for Recycled Water" prepared pursuant to the City's San Diego Regional Water Quality Control Board Master Reclamation Permit. The Rules and Regulations may be amended from time to time.

"Service Area" means the City of San Clemente's Utilities service area.

"User Permit" means a permit issued by the City to a recycled water service Applicant after the satisfactory completion of the service application procedures set forth in the Rules and Regulations and this Chapter. This permit constitutes a service agreement that legally binds the User to all conditions in this Chapter, the Rules and Regulations, and to any and all applicable Regulatory Agency requirements.

"Utilities Director" means the Utilities Director of the City of San Clemente.

(Ord. No. 1531, § 2, 12-7-2010; Ord. No. 1648, § 9 12-5-2017)

All users of recycled water shall comply with the California Department of Public Health regulations contained in Title 17 and Title 22 of the California Code of Regulations, and with the Rules and Regulations.

(Ord. No. 1531, § 2, 12-7-2010)

A. Mandatory Use. .....The following types of authorized uses shall generally require recycled water: irrigation, commercial use, habitat development and maintenance, recreational use, groundwater recharge, impoundments, and construction use for which Title 22, Division 4, Chapter 3, Wastewater Reclamation Criteria, of the California Code of Regulations, or other specific State legislation provides requirements (collectively, "mandatory" uses).

Where offsite facilities are available and in accordance with applicable regulatory requirements, recycled water shall be used under the following conditions:

(1) Existing onsite irrigation systems designed and constructed to meet all applicable Rules and Regulations;

(2) Onsite systems which were not designed and constructed for onsite recycled water irrigation that can be retrofitted upon review by the City to meet all applicable Rules and Regulations; and

(3) Onsite systems associated with future development that would otherwise be served with domestic water by the City and which will be designed and constructed to meet applicable Rules and Regulations upon determination by the City.

The only exceptions to use under these conditions shall be based on the judgment of the City, established through the adopted appeals process set forth in Section 13.44.070 below, whereby a waiver for recycled water service is obtained by the prospective user.

B. Non-Mandatory Use. .....The following types of authorized uses may require recycled water: roadways, onsite plant use, industrial process (including cooling water) (collectively, term as "non-mandatory" herein.)

Where available in offsite facilities, recycled water may be used under the following conditions:

(1) Non-mandatory uses being served potable water by the City at the time of this Chapter's adoption;

(2) Non-mandatory uses associated with future development that would otherwise be served potable water by the City; and

(3) Mandatory uses within the Service Area not being served recycled water by the City (having some alternative source of supply).

(Ord. No. 1531, § 2, 12-7-2010)

A. Existing Potable Water Service. .....The City shall make preliminary determinations as to which existing potable water customers shall be converted to the use of recycled water; shall provide notice regarding that determination; shall receive objections to proposed service; entertain appeals, and provide a waiver if circumstances warrant. Applicant(s) shall complete the application process described in the Rules and Regulations where waivers have not been granted.

B. Future Development. .....The City shall make preliminary determinations as to which future development shall be required to use recycled water; shall provide written notice regarding that determination; shall receive objections to proposed service; entertain appeals, and provide a waiver if circumstances warrant. Applicant(s) shall complete the application process described in the Rules and Regulations where waivers have not been granted.

C. Alternative Water Supply. .....The City may approach or be approached by prospective Applicant(s) within the City's Service Area who currently utilize an alternative to the City's recycled water supply and who desire recycled water service. The City shall then make a preliminary determination whether the existing service(s) can be converted to the use of recycled water and shall provide notice regarding that determination along with a request for the prospective Applicant(s) to complete the application process in the Rules and Regulations. Prospective Applicant(s) shall then complete the application process.

(Ord. No. 1531, § 2, 12-7-2010)

All the foregoing procedures for obtaining recycled water require written notice by the City to the prospective Applicant(s), which represents the City's preliminary determination. The notice shall include descriptive information concerning the planned recycled water system, which customers are subject to mandatory recycled water use, customer responsibilities under the Rules and Regulations and this Chapter, descriptive information regarding the onsite facilities requirements necessitated by conversion to recycled water, the current recycled water rate, and the opportunity and process for objection and obtaining a waiver.

(Ord. No. 1531, § 2, 12-7-2010)

The prospective Applicant may file a notice of objection with the City within thirty (30) calendar days after any notice of preliminary determination to provide recycled water service is delivered or mailed to the prospective Applicant(s), and may request within such notice of objection a reconsideration of the preliminary determination or modification of the proposed conditions or schedule for conversion. The objection shall be in writing and state the reason(s) for the objection. City staff shall review the objection and confirm, modify or abandon the preliminary determination. Upon issuance of the final written determination by the Utilities Director or his/her designee, the prospective Applicant(s) may appeal the determination to the City Manager within sixty (60) calendar days after a notice of final determination is delivered or mailed to the prospective Applicant(s). The City shall issue a written waiver to the prospective Applicant(s) if the objection or appeal is successful.

(Ord. No. 1531, § 2, 12-7-2010; Ord. No. 1648, § 9 12-5-2017)

After receiving an application from the prospective Applicant(s), the City shall review the application and make such investigation relating thereto as deemed necessary. The City may prescribe specific requirements in writing to the Applicant as to the design of the facilities, the manner of construction, the method of operation, and the conditions of service, or any other related area. The City may then issue a User Permit to the prospective User(s). The User Permit shall constitute a legally binding service agreement between the two parties. In its administration, a User Permit incorporates this Chapter, the Rules and Regulations and any additional requirements prescribed by the Utilities Director or his/her designee or by the Utilities Director or his/her designee, or both, to ensure continued operation of the recycled water system and to protect the public health. The City shall assign an accounting number to each permit issued. The City reserves the right to revoke a User Permit if any conditions attached to the User Permit are not satisfied at all times.

(Ord. No. 1531, § 2, 12-7-2010; Ord. No. 1648, § 9 12-5-2017)

The conversion to recycled water service shall be completed within one hundred eighty (180) calendar days after the City's preliminary determination notice.

(Ord. No. 1531, § 2, 12-7-2010)

If the prospective Applicant has not completed onsite conversion work within one hundred eighty (180) calendar days after the City's preliminary determination notice, the City may impose a fine or fines consistent with Chapter 1.20 of the City Municipal Code. If the prospective Applicant has not completed onsite conversion work within three hundred sixty five (365) days after the City's preliminary determination notice, the City may continue to impose fines and discontinue potable water service to the prospective Applicant's site.

The City reserves the right to use any penalty prescribed by law for any other violation of this Chapter or the Rules and Regulations.

(Ord. No. 1531, § 2, 12-7-2010)

The cost for modifying or adding facilities to convert to receive recycled water shall be borne entirely by the Applicant(s) or User(s). The City may, in its sole and absolute discretion, establish a loan program for the purpose of aiding Applicant(s) or User(s) to comply with this Chapter and the Rules and Regulations.

(Ord. No. 1531, § 2, 12-7-2010)