Soledad Municipal Code Ch. 13.11 Recycled Water Service

A. Purpose. 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.

B. Policy. It is the policy of the city that the use of recycled water shall be encouraged for any and all purposes approved by state regulations for recycled water use. Recycled water will be the primary source of supply for commercial and industrial uses, whenever the city determines that such use is available and/or feasible. Use of potable water for commercial and industrial uses shall be contrary to the city's policy, shall not be considered the most beneficial use of a natural resource, and shall be avoided to the maximum extent feasible.

1. 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 (Water Code Section 13510 et seq.). Conservation of all available water resources requires the maximum reuse of recycled water for beneficial use (Water Code Section 461). The state of California has declared that continued use of potable water for irrigation and for certain other uses may be an unreasonable use of such water where recycled water is available (Government Code Section 65602(e); Water Code Section 13550 et seq.; California Code of Regulations, Title 22, Section 60301 et seq.).

2. It is the policy of the city that recycled water shall be used within the jurisdiction of the city whenever and wherever: (a) there is not an alternative higher or better use for the recycled water; and (b) its use is consistent with legal requirements, preservation of public health, the safety and welfare of the public, and protection of the environment.

(Ord. 645 § 1 (part), 2007)

Recycled water use is regulated by the California Regional Water Quality Control Board, Central Coast Region (RWQCB). In accordance with waste discharge requirements for water reclamation projects, the RWQCB requires control mechanisms to regulate facilities distributing recycled water. Article 2 of Chapter 7 of Division 7 of the California Water Code establishes a state policy to encourage the use of recycled water. Permission to use recycled water is based on the city's ability to adequately treat domestic wastewater to the point that the recycled water (effluent) meets the requirements of existing Title 22, Chapter 3 regulations 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.

(Ord. 645 § 1 (part), 2007)

A. Priority. Connection to the recycled water system shall be provided on a first-come, first-served basis, as long as infrastructure and recycled water supplies are available.

B. Goals. The goals of this chapter are as follows:

1. Achieve conservation of potable water supplies by using recycled water for current and future demands. Recycled water uses may include:

a. Agricultural irrigation,

b. Commercial uses (including flushing toilets and urinals),

c. Construction use,

d. Industrial processes,

e. Landscape irrigation,

f. Landscape and/or recreational impoundments (ponds, reservoirs, tanks and/or similar structures that confine water),

g. Wildlife habitat,

h. Groundwater recharge;

2. Maintain recycled water quality through a stringent pretreatment program for industrial wastewater;

3. Prevent direct human consumption of recycled water through:

a. Adherence to all applicable rules and regulations,

b. Posting of warning signs by the user,

c. Cross-connection/backflow prevention program;

4. Control runoff of recycled water through monitoring of the installation and operation of all recycled water facilities and use areas;

5. Monitor recycled water quality.

(Ord. 645 § 1 (part), 2007)

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, in addition to the definitions set forth in Title 22, Division 4, Chapter 3, Regulations of the California Code of Regulations, shall have the meanings hereinafter designated.

"Administrator" means the city manager of the city of Soledad or his or her authorized representative.

"Agricultural use" means 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.

"Air-gap separation" means a physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically from the flood rim of the receiving vessel to the supply pipe; however, in no case shall this separation be less than one inch.

"Applicant" means any person, group, firm, partnership, corporation, association, or agency that applies for recycled water service.

"Application rate" means the rate at which irrigation water is applied to a design or use area, expressed in gallons per minute.

"Approved use" means an application of recycled water in a manner, and for a purpose, designated in a recycled water use agreement in compliance with applicable state and local rules and regulations and the provisions of this chapter.

"Approved use area" means a site with well-defined boundaries designated in a recycled water use agreement in compliance with applicable rules and regulations.

"As-built drawings" means the record drawings that show the completed facilities as constructed or modified.

"Automatic system" means the electronically actuated controllers, valves, and associated equipment used to program and operate irrigation systems for the efficient application of recycled water.

"Auxiliary water supply" means any water supply on or available to the premises other than the city's potable water.

"AWWA" means the American Water Works Association.

"City" means the city of Soledad.

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

"Commercial/industrial use" means the water used for non-body contact uses such as toilets, urinals, decorative fountains, decorative indoor and outdoor landscape, industrial process such as rinsing, washing, cooling, flushing, circulation, or construction; and other uses approved by the city.

"Cross-connection" means any unapproved and/or unprotected, actual or potential, connection between any part of a potable water system and any equipment, source, or system containing water or other substances not approved as safe and potable for human consumption.

"DHS" means the California Department of Health Services.

"Direct beneficial use" means 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.

"Discharge" means any release or distribution of recycled water to a use area or disposal site/mechanism. Such discharges are subject to approval by the city.

"Double check valve assembly" means a double check valve (DC) that, as a minimum, conforms to the AWWA Standard C506-78 (R83) adopted on January 28, 1978, for double check valve type backflow prevention devices which is herein incorporated by reference.

"Greenbelt areas" means those areas including, but not limited to, golf courses, cemeteries, parkways, parks, rights-of-way, and landscaping within and/or surrounding a community.

"HCF" means a unit of measure equaling one hundred cubic feet or seven hundred forty-eight gallons.

"Industrial process water" means the water used in industrial facilities for blending, rinsing, washing or cooling.

"Infiltration rate" means the rate at which water penetrates the soil surface and enters the soil profile.

"Landscape impoundment" means a body of water containing recycled water, which is used for aesthetic or irrigation purposes and which is not intended for public contact or ingestion.

"Landscape irrigation/use" means 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/profit purposes.

"Nonpotable water" means water that has not been treated for, or is not acceptable for human consumption, in conformance with federal, state and local water standards. Nonpotable water includes recycled water.

"Off-site facilities" means all existing or proposed facilities under the control of the city, from the source of supply to the point of connection with the customer's on-site 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 pipelines, reservoirs, pumping stations, treatment plants and other appurtenances and property.

"On-site facilities" means 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.

"On-site recycled water supervisor" means 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.

"Open space" means land that has been designated to remain undeveloped. These areas may receive recycled water service for agricultural or landscape irrigation, or other approved uses.

"POC" means the point of connection at the recycled water service meter.

"Ponding" means 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.

"Potable water" means water which conforms to the latest federal, state and local drinking water standards.

"PSI" means pounds per square inch. This is a common unit expression of pressure measurement.

"Recreational impoundment" means a body of recycled water used for recreational activities including, but not limited to, fishing, boating, and/or swimming. Allowable uses will depend on treatment level of the recycled water.

"Recycled water" means 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 criteria set forth in Title 22, Division 4, of the California Code of Regulations.

"Recycled water commodity rate" means a charge imposed by the city for all metered, recycled water used.

"Recycled water facilities" means the systems, structures, etc, used in the treatment, storage, pumping, transmission and distribution of recycled water.

"Recycled water use agreement" means an agreement between the user and the city to use recycled water in compliance with all applicable rules and regulations.

"Reduced pressure principle backflow prevention device" means a reduced pressure principle backflow prevention device (RP) that as a minimum, conform to the AWWA Standard C506-78 (R83) adopted on January 28, 1978 for reduced pressure principle type backflow prevention devices which is herein incorporated by reference.

"Regulatory agency" means any public entity legally constituted by federal, state and local statutes to protect health and water quality.

"Runoff" means the flow of water along natural or human-made surfaces away from the designated use area.

"RWQCB" means the California Regional Water Quality Control Board, Central Coast Region.

"Secondary effluent" means any oxidized wastewater that has been treated by gravity sedimentation to remove settled solids remaining after the primary biological treatment process.

"Service" means the delivery of recycled water to a user.

"Service connection" means 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.

"Standard specifications" means the specifications approved by the city for construction of recycled water facilities.

"Tertiary effluent" means any secondary effluent which has been filtered and disinfected, and meets all applicable requirements under Title 22. Allowable uses for tertiary effluent shall include body contact and irrigation of human food crops.

"Unauthorized discharge" means any release of recycled water that violates any applicable federal, state, or local statutes, regulations, ordinances, contracts or other requirements.

"Use area" means the specific area designated to be served with recycled water through on-site recycled water facilities.

"User" means 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.

"Windblown spray" means 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.

(Ord. 645 § 1 (part), 2007)

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.

(Ord. 645 § 1 (part), 2007)

A. 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. Recycled water may also be provided to other agencies outside the city's service area in accordance with applicable law.

B. Determination of Recycled Use Area.

1. General.

a. 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 the requirements of DHS and RWQCB. Where it is determined recycled water is, or will be available within five years, the city is authorized to request modifications to existing on-site water facilities and require construction of recycled water systems in new developments.

b. The city council may enter into agreements with surrounding cities and/or other agencies to provide recycled water to those areas.

2. Existing Potable Water Service.

a. The city council may make determinations of areas where existing potable water use should be replaced with recycled water use.

b. A notice of the determination to use recycled water shall be mailed to the current owner, explaining the reasons for use and resultant procedures needed to facilitate recycled water use as well as the proposed conditions and schedule for the proposed conversion. Partial or full conversion of existing customers to recycled water use may be mandated only as allowed or required by law.

c. If a current customer would like to enter into a recycled water use agreement to receive recycled water, he or she or it must submit an application for a recycled water permit to the city for review, along with any required application fee. The city shall then review the application for completeness and contact the customer regarding the potential provision of service and the recycled water use agreement. The application and agreement shall conform to requirements of the applicable rules and regulations. If the customer does not agree to the terms for the provision of recycled water service under a 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.

3. New Recycled Water Service.

a. On 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 within a new development for the use of recycled water, and the application for a service, may be required as conditions of approval of any development application, in addition to any other conditions of the new industrial, commercial or residential development.

b. Upon submittal by applicant of a proposed alteration or remodeling of multifamily, 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 of any application, in addition to other conditions of approval for the alteration or remodel.

c. 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.

(Ord. 645 § 1 (part), 2007)

A. Authorized Uses. Uses of recycled water include only those uses approved by the California State Department of Health Services (DHS) and for which Title 22 of the California Code of Regulations provides treatment requirements. Each such use will be considered for approval on case-by-case basis. Prior to approval, the user must comply with the requirements established by this chapter and any other requirements imposed by the city, DHS, or any other regulatory agencies that have jurisdiction over such use.

B. Conditions of Service. 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.

1. The city shall not be liable for any damage by recycled water or resulting from:

a. Defective plumbing;

b. Broken or faulty services or recycled water mains;

c. On-site facilities failures;

d. High or low pressure conditions;

e. Interruptions of service;

f. Any inappropriate or illegal use or management practices.

2. All recycled water will be provided to the user in the conditions and quantity specified in the recycled water use agreement.

3. Recycled water use will not be subject to the same restrictions as potable water during drought conditions and will be supplied as available.

4. 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.

C. Other Applicable Rules and Codes. Other guidelines, rules and regulations, ordinances, specifications that may be applied by the administrator to govern the use of recycled water within the city include:

1. Regulations that deal with backflow prevention, billing, deposits, penalties, delinquencies, and metering for potable water as established in Chapters 8.20 and 13.08 of this code;

2. Water reclamation (Title 22, Division 4 of the California Code of Regulations);

3. Regulations relating to cross-connections (Title 17 of the California Code of Regulations);

4. Guidelines for distribution of nonpotable water (California-Nevada Section (AWWA));

5. City of Soledad recycled water systems procedural guidelines and general design standards;

6. City of Soledad recycled water systems installation in nonresidential buildings;

7. City of Soledad recycled water systems interior use in nonresidential buildings;

8. City of Soledad recycled water systems full yard irrigation for residential lots;

9. City of Soledad recycled water systems application and permit procedure summary;

10. City of Soledad water recycled water systems summary of guidelines for recycled water use.

(Ord. 645 § 1 (part), 2007)

A. Application for Service Connection. 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 ultimately reserves the right to determine the 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 user 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 prepared by a properly qualified engineer registered in California and experienced in the field of wastewater treatment describing proposed/requested recycled water use(s) must be submitted to DHS for approval. The city may prepare the report on behalf of the user, provided that the user pays all costs associated with the preparation of the report. The report shall contain:

a. A description of the design of the proposed reclamation system,

b. A means for compliance with these regulations and any other features specified by the regulatory agency,

c. A contingency plan which will assure that no untreated or inadequately treated wastewater will be delivered to the use area;

3. The user and the city will address any concerns that the DHS may have regarding the engineering report and revise the report accordingly;

4. Once the DHS approves the engineering report, the applicant will enter into a recycled water use agreement with the city, and pay any applicable fees;

5. The administrator will schedule a start-up test of on-site recycled water system to ensure that cross-connections do not exist;

6. Upon the successful completion of the test, the administrator may authorize recycled water service to begin.

(Ord. 645 § 1 (part), 2007)

A. Recycled Water Use Agreement. Every applicant agreeing to receive recycled water shall sign a recycled water use agreement and shall be subject to the following conditions:

1. The applicant shall pay any specified connection fees, service line charges and other charges, and adhere to the requirements prescribed by this chapter and to any additional requirements required by other agencies governing recycled water use;

2. 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 on-site system. Any scheduling shall consider the operating constraints of the affected users;

3. The administrator may temporarily terminate recycled water service at any time recycled water produced by the city's reclamation plant 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;

4. At a minimum, the recycled water use agreement shall include the following:

a. Names and addresses of owner the property and user of the recycled water,

b. A statement that no changes in the proposed system will be undertaken without amending the agreement,

c. A statement that the applicant recognizes potential penalties for violation of this chapter and any regulatory agencies,

d. A copy of the DHS approved engineering report,

e. 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,

f. Approved uses,

g. A statement that the agreement shall be cancelled 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.

(Ord. 645 § 1 (part), 2007)

A. Rates and Charges. All rates and charges regarding recycled water service and their administrative costs shall be established, and periodically modified as necessary, by the city council by resolution, and by this reference, shall be considered a part of this chapter.

B. Fees. 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. Under certain circumstances, such as where facilities are being designed to serve more than a single applicant's property, the city may contribute to the cost of designing and/or constructing the facilities needed to deliver recycled water to an applicant's property. The city shall reimburse an applicant for costs incurred to install oversized facilities in the public right-of-way.

(Ord. 645 § 1 (part), 2007)

A. Size, Location, and Installation of Service Line. 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 the city's public street, highway, road or city's 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.

B. Service Connection Limitations. Recycled water service shall be subject to the following conditions:

1. 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. When a property provided with a recycled water connection and a corresponding meter is subdivided, such connection and meter shall be considered as serving the lot or parcel of land on which the meter is located. Additional recycled water mains and/or recycled water service lines will be required for all subdivided areas in accordance with this chapter;

2. Private irrigation systems for homeowner's associations and other developments where landscaping around homes and in common areas are served with one meter, shall not be allowed to cross public roads, easements, or other public rights-of-way without city approval;

3. 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.

C. Service Pressure. According to AWWA "Guidelines for Distribution of Nonpotable Water (1992)," it is desirable that a pressure differential of ten psi or greater be maintained with the potable water supply having the higher pressure. Site-specific conditions may result in pressure differentials being impractical. In such cases, other design and operational measures may provide the necessary degree of protection including proper pipe identification practices, ensuring adequate horizontal and vertical separation distances between potable and nonpotable systems and maintaining accurate "as-built" maps, implementing comprehensive recycled water program elements into the existing cross-connection control program, and development of employee training/awareness programs.

D. Relocation of Recycled Water Service Lines. Should a recycled water service line installed according to the directions of the owner or user be of the wrong size, or installed at a wrong location or depth, the cost of relocation or removal shall be paid for by the user.

(Ord. 645 § 1 (part), 2007)

A. Protective Measures. The following provisions are intended to protect the city's potable water supplies against actual, undiscovered, unauthorized, or potential cross-connections to the user's recycled water system. These provisions are in addition to, not in lieu of, the controls and requirements of other regulatory agencies. These provisions are in accordance with Title 17 (Public Health) of the California Code of Regulations.

1. Approved backflow prevention devices on the city's potable water services to the property as required in these provisions, shall be provided, installed, tested, and maintained according to Chapter 8.20. These devices shall be located at the property line served immediately downstream of the meter. All devices shall be readily accessible for testing and maintenance and no device shall be submerged at any time.

2. When a request for recycled water service is initiated, the applicant must provide sufficient information, including plumbing and building plans, to enable the administrator and other regulatory agencies to determine the level of backflow protection required. The proper backflow protection, as determined by the administrator and other regulatory agencies, shall then be installed and tested according to Chapter 8.20 before recycled water service is provided.

3. Each time there is a change of tenant on any commercial or industrial premise, the owner or user shall notify the administrator immediately. The administrator will then reassess the level of protection required. In addition, any alterations to existing on-site facilities that may affect required protection level must be reported immediately to the administrator.

4. At their discretion, representatives of any health agency having jurisdiction, and the administrator, may inspect any property provided recycled water service by the city. The inspection shall serve to determine if any actual or potential cross-connections exist. The owner or user shall provide full cooperation in facilitating the inspection.

5. Where protection is required, an approved backflow protection device for potable water supplies shall be provided as follows:

a. Each city water service connection that supplies potable water to a premise having an auxiliary water supply (including recycled water) that is not accepted as a potable source by the administrator, and/or is not approved for potable use by DHS, shall be protected against backflow from the premises into the city's potable water system.

b. Each city water service connection supplying potable or recycled water to a premises on which any substance is handled in such a fashion as to permit entry into the city water systems (potable or recycled) from the premises shall be protected against backflow. This shall include, but not be limited to, the handling of fertilizers, process waters, waters originating from any of the city water systems that have been subject to deterioration in quality and agricultural use.

c. Approved backflow devices shall be installed where premises have intricate plumbing and piping arrangements or where not all portions of the premises are readily accessible for inspection.

d. Appropriate backflow protection may be required at premises where there has been a history of cross-connections being re-established.

6. Other Measures.

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 has been performed.

b. Periodic inspection by the city of the recycled water facilities will determine if all identifying items are still clearly discernable. If not, they shall be replaced, repaired or refurbished as needed, by the user. These items include:

i. Warning tags;

ii. Painted surfaces;

iii. Warning tape;

iv. Identification tape;

v. Covers, caps, signs;

vi. Other items that indicate recycled water is being used.

c. To determine the existence of any cross-connections or backflow conditions into the potable water system, periodic testing by DHS approved methods will be performed by the administrator and/or other regulatory agencies.

d. In the event of contamination or pollution of a city potable water system due to a cross-connection or other failure, the DHS and the administrator shall be promptly notified by telephone so that appropriate and immediate measures may be taken to correct the problem.

e. The state and county health departments and the administrator 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 "on-site" recycled water supervisor shall be designated. This supervisor shall be responsible for:

i. The installation and use of all components of the on-site recycled water system(s);

ii. Prevention of cross-connections;

iii. Change in use of recycled water.

7. When the recycled water uses or conditions, as determined by the administrator or other regulatory agency, represent a clear and immediate hazard to the city potable and/or recycled water supply that cannot be immediately removed or corrected, the administrator shall terminate recycled water use. Conditions or uses that create a basis for termination include, but are not limited to, refusal to install, test or repair a required backflow prevention device.

B. Types of Protection. The level of protection required shall be related to the degree of potential hazard that exists on the premises served, and will be determined by the administrator.

C. Testing and Maintenance of Backflow Prevention Devices. The user is responsible for testing all backflow prevention devices and maintaining these devices in a satisfactory operating condition. Testing shall be performed at least once a year by a Monterey County certified backflow prevention tester. More frequent testing may be required if successive inspections indicate repeated failures. The backflow prevention devices shall be repaired, overhauled and/or replaced whenever they are found to be defective. These devices shall also be tested immediately after they are installed, relocated or repaired. All inspections, tests and repairs shall be performed at the user's expense. The user shall maintain records of all such tests, repairs and overhauls. These records shall be submitted to the administrator, annually, and made available to the DHS, on request.

(Ord. 645 § 1 (part), 2007)

A. Off-site Facilities.

1. Any off-site 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 (designed, constructed) by the applicant, owner, or customer at their expense.

2. The design of off-site facilities, including the preparation of plans and construction specifications shall be under the responsibility of an engineer registered in the state of California.

3. All off-site 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 such systems are in full compliance with this chapter. On-site recycled water systems shall be separate and independent of any potable water systems.

4. 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 these rules and regulations.

5. 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.

6. 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 off-site 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.

7. 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.

B. On-site Facilities.

1. All on-site recycled water facilities shall be provided by the owner, applicant or customer at their expense.

2. The design of on-site 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 (on-site) facilities that will use recycled water, and preparation 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. 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.

3. All on-site recycled water facilities shall be designed and constructed according to requirements, conditions, and standards as adopted in the city standard specifications to ensure that such systems are in full compliance with this chapter. Recycled on-site water systems shall be separate and independent of any potable water systems.

4. Where the premises contain dual or multiple water systems, the exposed portions of pipelines shall be identified at sufficient intervals.

5. 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 feet of any well used for domestic supply. No impoundment of recycled water shall be located within hundred feet of any domestic water well, unless it can be demonstrated that special circumstances justify lesser distances to be acceptable.

6. 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, on-site facilities shall be designed to use recycled water. Provisions shall be made to allow for connection to the city off-site recycled water facilities, when available. In the interim, potable or other suitable water may be supplied to the on-site facilities through an "interim service connection."

When the switch over from potable water to recycled water is made, the potable water line will be properly physically separated and blind-flanged to protect the domestic supply and avoid any future reconnection. In such cases, besides an initial cross-connection inspection, the city shall conduct appropriate shutdown tests at both water lines prior to the use of recycled water. The report of the inspection and shutdown tests shall be maintained on file and summary of the findings shall be submitted to DHS within two weeks of the beginning of the recycled water use. Shutdown tests shall be performed and repeated as required by DHS.

Conditions of interim service are:

a. The city anticipates recycled water will be available to the site within five years of the time interim service is initiated;

b. The user or the owner of the property must sign a recycled water use agreement;

c. 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;

d. An approved backflow prevention device is required on the interim service. The backflow prevention device shall be at the point of connection with the interim supply system and a part of the on-site recycled water facilities;

e. Future recycled water users will pay for the following:

i. Cost of constructing and abandoning the interim service and cost of constructing the recycled water service,

ii. Applicable recycled water fees at the time service becomes available,

iii. Applicable interim water rates for the type of water delivered through the interim service;

f. When recycled water is available to the site, an inspection of the on-site 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.

C. Miscellaneous.

1. Adequate means of notification should 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.

2. 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.

3. Languages in addition to English should be used on signs where appropriate.

(Ord. 645 § 1 (part), 2007)

A. New Facilities. 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. Conversion to Recycled System. Where it is planned that an existing nonrecycled 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 DHS approvals.

C. Recycled System Failure. If, due to on-site failure of the recycled water system, the administrator determines that it is necessary to convert on-site facilities from a recycled water supply to a potable water supply, it shall be the responsibility of the user to pay all costs for such conversion. Conversion costs may include, but not be limited to, the following:

1. Isolation of the Recycled Water Supply. Service shall be removed and plugged at the city's 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 on-site 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 by resolution;

7. System flushing, disinfecting, decontamination, and water quality analyses, as required by the city and/or other regulatory agencies.

(Ord. 645 § 1 (part), 2007)

A. Off-site Facilities. The city shall be responsible for the operation, maintenance and surveillance of all off-site 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's personnel and their representatives shall operate, adjust, change, alter, move or relocate any portion of their respective off-site recycled water facilities.

B. On-site Facilities. The operation, surveillance, repair, and maintenance of all customer recycled water facilities are the responsibility of the user or owner and his designated "on-site" recycled water supervisor. The user or owner is responsible for maintaining all on-site facilities that are under ownership of parties other than the city and shall have the following responsibilities pertaining to operation of on-site facilities:

1. Ensure that all operations personnel are trained and familiarized with the use of recycled water;

2. Furnish their operations personnel with maintenance instructions, irrigation schedules, controller charts, and as-built drawings to ensure proper operation in accordance with the on-site facilities design and these rules and regulations;

3. Prepare and submit to the administrator one reproducible set of as-built drawings;

4. Notify the administrator of all updates or proposed changes, modifications, or additions to the on-site 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, as defined by the California Department of Health Services, 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 not limited to:

a. 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,

b. Operating the on-site 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,

c. 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,

d. 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,

e. 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,

f. Reporting to the administrator any/all failures in the recycled water system that cause an unauthorized discharge of recycled water,

g. 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,

h. 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 seating and/or structure 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;

7. The user shall enforce the following prohibitions:

a. Cross-connections, as defined by the California Code of Regulations, Title 17, 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,

b. Discharge of recycled water for any purposes, in areas other than those specifically approved in the recycled water use agreement, and without the prior approval of the administrator, is prohibited,

c. 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,

d. 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 administrator,

e. 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,

f. 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,

g. 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.

(Ord. 645 § 1 (part), 2007)

The administrator will monitor and inspect the entire recycled distribution facility, including both off-site and on-site facilities. The administrator will conduct monitoring programs, maintain records as deemed necessary, inspect on-site facilities to verify that the user's irrigation practices conform to this chapter and the recycled water use agreement, and provide reports as requested by DHS. For these purposes, the administrator will have the right to enter the user's premises to monitor and inspect all on-site 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.

(Ord. 645 § 1 (part), 2007)

Temporary Connection. 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 a physical or air gap separation from the remainder of the recycled water system. This isolation shall occur at either individual services or on the off-site system, as determined by the administrator. An approved backflow prevention device shall be installed on the potable water lines in accordance with this chapter. The recycled water system shall be disinfected in accordance with DHS regulations prior to any use of potable water through the system. 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.

(Ord. 645 § 1 (part), 2007)

A. Noncompliance with Chapter. The recital of specified instances in this chapter wherein the city is authorized to discontinue service to the customer is not to be construed as limiting the authority of said city to the instances specified. The city shall have the general right to discontinue service to any customer upon failure of compliance with, or violation or infraction of the chapter, or any amendments or additions thereto, or any rules and regulations adopted by the city in amplification hereof, which may then be in force, after notice has been given where the noncompliance with, or violation or infraction of this chapter by the customer results, or is likely to result, in a dangerous or unsanitary condition on the customer's premises, or in the city's water system or elsewhere, or where discontinuance of service is necessary to protect the city from fraud, imposition, loss or abuse.

B. Penalties.

1. Each violation of this chapter shall be an infraction.

2. Any violation that occurs or continues from one day to the next shall be deemed a separate violation, for each day during which such violation occurs or continues to occur.

3. The fine for the first violation of this chapter shall be one hundred dollars. The fine for a second violation and each subsequent violation of this chapter within a period of twelve months, regardless of the specific section or subsection violated, shall be one hundred and fifty dollars.

C. Nuisance.

1. Any violation of this chapter is declared to be a public nuisance.

2. In accordance with the provisions of Chapter 9.04 of this code, the city may, upon order of the city council, abate an identified public nuisance and/or bring civil action to enjoin or abate the nuisance and make the costs of nuisance abatement a special assessment against the parcel of land on which the nuisance is located or originates.

3. Nothing contained in this section limits the city to the prescribed remedy, or prevents the city from initiating and prosecuting any other remedy available to it for the abatement of a public nuisance, or for recovery of the cost of abatement, under the civil or criminal statutes of the state or under other ordinances of the city.

(Ord. 645 § 1 (part), 2007)

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. The city council declares that it would have approved this chapter by section, subsection, sentence, clause, or phrase irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. 645 § 1 (part), 2007)