Torrance Municipal Code Art. 5 Reclaimed Water

The purpose of this Article is to:

a) Establish a City policy with regard to the use of reclaimed water that is consistent with State of California law that declares "that the use of potable domestic water for various non-potable uses is a waste or an unreasonable use of water, and prohibits a person or public agency from using potable domestic water for these uses, if reclaimed water is available and specified requirements are met."

b) Preserve the reliability of the potable public water supply during times of water shortage by diversification of source of supply through the use of reclaimed water for various non-potable uses.

c) Provide an alternative water supply source that will, in the long term, lower overall water costs to water customers in the City.

d) Provide a uniform means of implementing a reclaimed water program in the City.

For purposes of this Article, the following definitions shall apply:

a) Agricultural Purposes. Agricultural purposes include the growing of field and nursery crops, row crops, trees and vines, and the feeding of fowl and livestock.

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

c) "Cost Competitive Water Pricing" shall mean that the price charged water users for reclaimed water shall be less than or equivalent to water rates for potable water furnished by the Torrance Municipal Water Department, taking into account all capital, water quality related or other costs for converting to the use of reclaimed water and the present and projected costs of supplying, delivering and treating potable domestic water for these uses.

d) "Development Project" shall have the same meaning as Section 65928 of the California Government Code.

e) "Economically Feasible" shall mean that the intended reclaimed water application be cost effective for both the reclaimed water supplier (i.e., City of Torrance Municipal Water Department) and the prospective reclaimed water user, taking into account all appropriate costs related to the provision of said reclaimed water service.

f) "Greenbelt Areas" means an area primarily devoted to nonagricultural open space. Greenbelt areas include, but are not limited to, golf courses, cemeteries, parks and landscaping.

g) "Industrial Process Water" means water used by any industrial facility with process water requirements, which include, but are not limited to, rinsing, washing, cooling, circulation, other process or construction.

h) "Off-Site Facilities" means water facilities from the source of supply to the point of connection with the on-site facilities, including the water meter.

i) "On-Site Facilities" means water facilities under the control of the owner, downstream from the water meter.

j) "Potable Water" means water that conforms to the federal, state, and local standards for human consumption.

k) Reclaimed Water. Reclaimed water means waste water that, as the result of treatment, is suitable for a direct beneficial use or controlled use that would not otherwise occur.

l) "Reclaimed Water Distribution System" means a piping system intended for the delivery of reclaimed water only, that is separate from any potable water distribution system.

m) "Technically Feasible" shall mean that the use of reclaimed water shall be achievable with the application of current available technology, and whether the uses, processes or equipment used on the site can safely and effectively be operated with reclaimed water. If required, an independent evaluation will be undertaken to determine technical feasibility.

a) In order to preserve fresh water aquifers, prevent saltwater intrusion into aquifers, and reduce the use of, and dependence upon, limited potable water supplies, reclaimed water shall be used in areas designated by the City providing its use is economically justified, financially and technically feasible, cost competitive with alternative potable water supplies furnished by the Torrance Municipal Water Department and consistent with legal requirements and the preservation of public health, safety, welfare and the environment.

b) Reclaimed water delivery systems in the City will be constructed on a phased basis in a manner that is economically and technically feasible.

Every subdivision, parcel map, or other development permit application, within the designated reclaimed water service area shall be reviewed to determine if the use of reclaimed water would be feasible for landscape irrigation, cooling tower use, or other application. The use of reclaimed water will be required if the following conditions exist:

a) Reclaimed water is available to the user and meets the requirements of the State Department of Health Services.

b) The use of reclaimed water will not cause any loss or diminution of any existing water right.

c) The irrigation system, reclaimed water distribution system, cross-connection control and monitoring methods can be designed to meet the standards required by the State of California.

d) Appropriate control measures can be provided in accordance with the standards of the State of California where the use of reclaimed water will, or might, create a mist.

e) Reclaimed water service is both economically and technically feasible and cost competitive for prospective reclaimed water customers.

Reclaimed water will be served first to those properties that have the necessary on-site facilities installed and are ready for use.

a) Any person, firm or corporation applying for use of reclaimed water must agree in advance on the amount of reclaimed water to be used on the property in order that the limited supply may be apportioned.

b) As an option, any person, firm or corporation entering into a voluntary agreement with the City for reclaimed water service shall be excluded from the requirements of this Article.

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

a) The City Engineer, in consultation with prospective reclaimed water users, shall implement a program of review of each parcel of property within the City to determine which parcels would be appropriate for using reclaimed water for industrial processing, landscape irrigation, or other appropriate uses by the then existing users.

b) In making such determination, the City Engineer, in consultation with prospective reclaimed users, shall consider, but not be limited to, the following factors:

1. Whether reclaimed water is available to the site.

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

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

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

c) If a property is identified as being suitable for use of reclaimed water and reclaimed water is available to the site, the property owner shall be so notified.

d) Within six (6) months of such notification, the property owner or the occupant of the property must either: apply for the use of reclaimed water and commence the necessary work to convert to reclaimed water, or provide satisfactory evidence to the City that conversion of the site to use reclaimed water is not technically or economically feasible, or would result in the loss or diminution of an existing water right, or would be harmful to the public health, safety, welfare or to the environment. At the time of commencing the work, the property owner shall furnish the City 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.

e) In the event the property owner or the occupant fails, neglects, or refuses to convert to the use of reclaimed water, such owner or occupant shall pay to the City a surcharge on the amount of potable water used on the site in an amount to be set from time-to-time by resolution of the City Council.

a) In the event reclaimed water supplies should be temporarily reduced such that not all reclaimed water users can be served, the City shall continue to serve those users deemed to be critical users and may temporarily discontinue reclaimed water service to those users deemed to be noncritical users.

b) For purposes of this Section, the following definitions shall apply:

1. Critical users are those users who utilize large quantities of reclaimed water and for whom a reduction or discontinuance of reclaimed water supplies would result in either unusual demands on the potable water supply, reduced production, or cessation of operations.

2. Noncritical users are those users of reclaimed water who utilize smaller quantities of reclaimed water and for whom discontinuance would either result in minimum demands on the potable water supplies, or for whom a temporary discontinuance of reclaimed water would have minimal or no effect on production or overall operations.

a) Any reclaimed water user that discontinues the use of reclaimed water to any property may subsequently reapply for reclaimed water service, but such service will be approved only if there is an adequate supply of reclaimed water available.

b) Any user of reclaimed water that discontinues use without reasonable cause shall pay the surcharge price for potable water thereafter.

The City may discontinue the supply of reclaimed water to any property in order to supply a more critical user. In such event, the user that is discontinued will be reconnected to the potable water supply without payment of the surcharge.

a) Reclaimed water shall only be served from a separate meter and connection to the property located a minimum of ten (10) feet horizontally from the domestic service.

b) Each such plumbing installation shall be subject to inspection prior to the service of reclaimed water to assure that no cross-connection between the two (2) water systems exists or is possible by means of such things as anti-siphon devices, cross-connecting preventers, or separate, distinct markings of the plumbing fixtures, faucets and piping.

a) In order to implement the provisions of the subject reclaimed water ordinance, the City Engineer shall develop conditions of service delineating appropriate procedures, processes and rules for implementing the use of reclaimed water in the City. The conditions of service shall include, but are not limited to, technical specifications, standards, cross-connection requirements, application procedures and other procedures as required.

b) The conditions of service shall be amended by the City Engineer as required.

a) A prospective reclaimed water user may within thirty (30) days of receipt of notice requiring that the subject water user either incorporate or convert to reclaimed water for certain water uses on the subject property, in accordance with the provisions of the ordinance codified in this Article, may file a written request to the City Engineer for appeal stating the reasons why the use of reclaimed water would not be feasible.

b) If the appeal is denied by the City Engineer, the applicant may submit the appeal to a board, appointed by the City Manager, to be known as the Reclaimed Water Administrative Hearing Board.

c) The decision of the Administrative Hearing Board shall be final, except that an appeal may be filed with the City Council by any person reasonably affected by the use of reclaimed water if the person is not in agreement with the decision of the Administrative Hearing Board. The appeal to City Council shall be in accordance with Article 5, Chapter 1, Division 1 of the Torrance Municipal Code commencing at Section 11.5.1