Chapter 7.21 — RECYCLED WATER ORDINANCE

Section 7.21.010 Purpose. 7.21.020 Definitions. 7.21.030 Authority. 7.21.040 Scope. 7.21.050 Public health. 7.21.060 Approved uses of recycled water. 7.21.070 Reclamation agreements. 7.21.080 Use area acceptance. 7.21.090 Reclamation agreement issuance and renewal. 7.21.100 Operation, maintenance, and management. 7.21.110 General requirements. 7.21.120 Enforcement.

7.21.130 Service termination.

(A) The purpose of this chapter is to provide the General Manager with the authority to enforce the recycled water rules and regulations established herein. The city is required to implement these rules and regulations based on the Waste Discharge Requirements and Master Recycling Permit (WDR Order No. R5-2013-0019) issued in 2013 and in compliance with the water recycling criteria established in Cal. Code of Regulations (CCR) Title 22. (B) The city owns and operates a recycled water system, which provides undisinfected, secondary effluent for approved purposes to recycled water customers (users). The city is authorized, under the terms and conditions of the WDR, to distribute recycled water to users. The city is required to obtain necessary approvals from the California Department of Public Health (CDPH) and the RWQCB in accordance with this Recycled Water Ordinance before distributing the recycled water to new users. (Ord. 13-05, passed 10-1-2013)

For the purposes of this chapter, the following words and phrases shall have the following meanings unless the context otherwise requires: APPLICANT. Any person or groups of persons who applies for recycled water service. AUTHORIZED REPRESENTATIVE. A person(s) authorized by the General Manager, CDPH, or the RWQCB to act on their behalf. CCR. California Code of Regulations. CDPH. The California Department of Public Health. CITY. The City of Tulare or its designated representative. COUNTY. The County of Tulare or its designated representative. GENERAL MANAGER. The General Manager of the Department of Public Utilities or his or her duly authorized representative as provided in § 52(e)(4) of the City Charter. OWNER. Legal property owner of the use area. POTABLE WATER or DOMESTIC WATER. Water which conforms to federal, state, and local standards for human consumption. RECLAMATION AGREEMENT. A written agreement between the city and the user for the distribution of recycled water. RECYCLED WATER or RECLAIMED WATER. Non-potable undisinfected secondary effluent as defined by Title 22, which, as a result of treatment of wastewater, which is suitable for the uses approved in this chapter. RECYCLED WATER DISTRIBUTION SYSTEM. A system of transmission and distribution pipelines, pump stations, storage reservoirs, meters, and minor appurtenant facilities intended for the delivery of recycled water to the property line of the user. The RECYCLED WATER DISTRIBUTION SYSTEM is owned, operated, and maintained by the city. Recycled water pipelines within the user’s property and owned by the user must still comply with all applicable requirements of Cal. Code of Regulations Titles 17 and 22. RULES AND REGULATIONS. The terms and conditions for the distribution and end use of the recycled water, as set forth in this chapter. RWQCB. The California Regional Water Quality Control Board, Central Valley Region or any successor agency. TITLE 22. California Code of Regulations Title 22, Division 4. TREATED EFFLUENT or TREATED WATER. Recycled water. TULARE CITY CODE, CITY CODE, or CODE. The City Code for the City of Tulare. USE AREA. The approved area of recycled water use with defined boundaries. USER or CUSTOMER. A recycled water customer of the city. (Ord. 13-05, passed 10-1-2013)

(A) This chapter establishes the city’s rules and regulations governing the distribution and use of recycled water. These rules and regulations have been developed by the city’s Public Works Department and are enforceable by authority of the General Manager.

(B) The General Manager shall be responsible for administering, implementing, and enforcing the provisions of this chapter. (C) Any powers granted to or duties imposed upon the General Manager may be delegated by the General Manager. (D) This chapter applies to any distributor or user of recycled water and shall govern the design, construction, and use of the distribution system operated by the city and recycled water systems operated by users. (E) The use and distribution of recycled water shall be in accordance with this chapter and all applicable federal, state and local laws, permits, and regulations including Cal. Code of Regulations Titles 17 and 22 as may be amended from time to time. (Ord. 13-05, passed 10-1-2013)

This chapter establishes the minimum requirements for recycled water use and the provision of recycled water service by the city to recycled water users. The city reserves the right to modify this chapter as is deemed necessary. Recycled water users will be notified of any and all changes. (Ord. 13-05, passed 10-1-2013)

(A) The city reserves the right to take any action deemed necessary, with respect to the operation of the distribution system and onsite recycled water systems, to safeguard public health. If the city perceives real or potential hazards any time during construction or operation of an onsite recycled water system, the General Manager reserves the right and has the authority to terminate recycled water service immediately, without notice. These hazards include, but are not limited to, cross-connections with a potable water system, improper signage, or unapproved/ prohibited uses. (B) The use of recycled water shall not cause pollution, contamination, or nuisance, as defined by Cal. Water Code § 13050 or any other applicable laws. (Ord. 13-05, passed 10-1-2013)

(A) Non food-bearing trees, fodder and fiber crops, seed crops not eaten by humans, food crops that must undergo commercial pathogen-destroying processing before being consumed by humans, and ornamental nursery stock and sod farms may be irrigated with recycled water (provided no irrigation with recycled water occurs for a period of 14 days prior to harvesting, retail sale, or allowing access to the crops by the general public). (B) Undisinfected recycled water shall not be discharged to orchard or vineyard crops. (C) Grazing of milking animals within the use area is prohibited. (D) No recycled water used for irrigation, or soil that has been irrigated with recycled water, shall come into contact with the edible portion of food crops that may be eaten raw by humans. (Ord. 13-05, passed 10-1-2013)

Every user intending to irrigate a use area with recycled water must have a reclamation agreement with the city prior to receiving recycled water. Reclamation agreements will only be issued after the use area has met all the reclamation agreement conditions. Following reclamation agreement execution, a use area may receive recycled water in accordance with the provisions of the reclamation agreement and this chapter. (Ord. 13-05, passed 10-1-2013)

(A) Use areas, eligible for application of recycled water, will be assessed on a case-by-case basis and must be specifically approved by the city through a reclamation agreement. Use areas are limited to only those approved by the General Manager and for which the city has obtained CDPH and RWQCB approval. (B) All requests for recycled water service must be made by an applicant who is responsible for the property. Applicant will be required to complete and sign the appropriate city application forms. Public Works will review the application and, in the General Manager’s sole discretion, may prescribe special requirements and conditions that are specific to the proposed use area, including but not limited to needed facilities, special connection requirements, and the allowable uses of recycled water. Such requirements and conditions will be issued in writing by the General Manager to the applicant and made part of the reclamation agreement.

(C) The General Manager has the right to inspect the use area during the application process. The General Manager will recommend recycled water system needs in order to ensure compliance with the provisions of this chapter. (D) Before any new onsite recycled water system is constructed, or any existing onsite recycled water system is modified, site drawings prepared by the applicant must be approved by the General Manager. Approval will be contingent upon evidence that all applicable requirements for the use area are satisfied and that the onsite recycled water system as designed can be operated in accordance with this chapter. No work shall begin by the applicant until plans have been approved by the General Manager and any necessary fees have been paid. (E) The following information is required on the site drawings: (1) Site location including a map showing the specific boundaries of the use area and the County Assessor’s parcel number, if appropriate. (2) All sources of water. (3) Location and size of recycled water flow meters. (4) Locations of irrigation wells and confirmation of installation of airgaps. (5) Locations of tailwater recovery systems and tailwater ponds. (6) Location of all pipelines (including recycled, potable, auxiliary non-potable water systems, and well discharge lines) crossing the use area. (7) Identification of all adjacent streets. (8) Locations of any wells, lakes, ponds, reservoirs, or other impoundments located within the use area or within 150 feet of the use area and indicate the type of water source. (9) The enumeration of methods and devices to be used to prevent backflow of recycled water into the public water system. Evidence that the separation between potable and recycled water lines meets minimum requirements. Depiction of sleeving and other cross-connection prevention measures where applicable. (10) Type and location of the outlets and plumbing fixtures that will be accessible to the public. (11) Plan notes relating to recycled water specific installation and use requirements. (12) The proposed locations for all recycled water signs. (F) In addition, the applicant must supply the following general use area information: (1) Use area property owner name and contact information. (2) User name and contact information. (3) The specific use to be made of the recycled water, the use area acreage, the type of vegetation/crops to which the recycled water will be applied, and the anticipated volume of recycled water that will be used. (4) Supervisor or property manager name, title, and contact information. (5) Tenant(s) name and contact information. (6) Onsite well locations including total number and type of well (domestic or irrigation). (7) Wells on adjacent sites located within 100 feet of use area. (8) Certification that the new use area conforms to this chapter. (G) The General Manager has the right to conduct onsite inspections during the construction phase of the onsite recycled water systems to ensure that materials, installation, and procedures are in accordance with the approved site drawings, specifications, and all applicable regulations. (H) Prior to connection of the onsite recycled water system to the recycled water distribution system, the General Manager will perform a final inspection to ensure all requirements have been met. During the lifetime of the onsite recycled water system, the General Manager will periodically inspect the use area to ensure compliance with all applicable rules and regulations and the reclamation agreement. (Ord. 13-05, passed 10-1-2013)

Upon approval of the application by the General Manager, a non-transferable reclamation agreement shall be executed between the city and applicant authorizing the applicant to receive recycled water service subject to the terms and conditions of this chapter, federal, state, and regulatory agency rules and regulations. The reclamation agreement shall include, but not be limited to, the use area location, an estimate of the quantity (including seasonal schedule) of recycled water to be used, and permitted uses of recycled water.

(Ord. 13-05, passed 10-1-2013)

The operation, maintenance, and management of use areas are the responsibilities of users while the operation and maintenance of the distribution system is the responsibility of the city. (Ord. 13-05, passed 10-1-2013)

(A) The following general requirements may pertain to both the city and the users, as applicable, for recycled water system components within their respective purview: (1) Unauthorized use of recycled water on a site requires immediate notification to the General Manager. (2) Use areas shall be designed, maintained, and operated to comply with the following setback requirements:

Setback Definition Minimum Irrigation Setback (feet) Edge of use area to property boundary 25 Edge of use area to public road right of way 30 Edge of use area to manmade or natural surface water drainage course 1 50 Edge of use area to domestic water supply well or irrigation supply well 150 Toe of recycled water impoundment berm to domestic water supply well or irrigation supply well 150 1 Excluding ditches used exclusively for tailwater return from land application area and land application areas separated by levees or other permanent physical barriers from surface waters or drainage courses.

(3) Tailwater runoff and spray of recycled water shall not be discharged outside of the use areas except in minor,

incidental amounts that cannot reasonably be eliminated by implementation and good maintenance of best management practices. (4) There shall be at least a ten-foot horizontal and a one-foot vertical separation between all pipelines transporting recycled water and those transporting domestic supply, and the domestic supply pipeline shall be located above the recycled water pipeline. (5) A public water supply or auxiliary water supply shall not be used as backup or supplemental source of water for a recycled water system unless the connection between the two systems is protected by a backflow preventer (e.g., an air gap separation) which complies with the requirements of Cal. Code of Regulations Title 17. (6) Any backflow prevention device installed to protect a public water system shall be inspected and maintained in accordance with Cal. Code of Regulations Title 17. The recycled water system shall be tested for possible cross connections at least once every four years. The inspections and the testing shall be performed by a cross connection control specialist certified by the California-Nevada section of the American Water Works Association or an organization with equivalent certification requirements. (7) All recycling equipment, pumps, piping, valves, and outlets shall be marked to differentiate them from potable water facilities. All recycled water piping (above and below ground) and appurtenances in new installations and in retrofit installations shall be colored purple or distinctively wrapped with purple tape in accordance with Cal. Health and Safety Code § 116815. (8) Recycled water controllers, valves, and similar appurtenances shall be fixed with recycled water warning signs, and shall be equipped with removable handles or locking mechanisms to prevent public access or tampering. (9) Quick couplers, if used, shall be different than those used in potable water systems. (10) Hose bibs and unlocked valves, if used, shall not be used in areas accessible to the public. (11) Public contact with recycled water shall be controlled using fences, signs, and/or other appropriate means. Signs, visible to the public, stating “RECYCLED WATER - DO NOT DRINK” and “AGUA DE DESPERDICIO RECLAMADA - NO TOME” shall be placed at all areas of public access and around the perimeter of the areas used for effluent disposal or conveyance to alert the public of the use of recycled water. The signs will be no less than four inches high by eight inches wide.

(12) Irrigation of the use area(s) shall occur only when appropriately trained personnel are on duty. (13) Field perimeters shall be graded to prevent ponding along public roads or other public areas and prevent runoff to adjacent properties. (14) Irrigating with recycled water shall not be performed within 24 hours of a forecasted storm, during or within 24 hours after any precipitation event, nor when the ground is saturated. (15) No physical connection shall exist between any recycled water system and any separate system conveying potable water, domestic water supply well or irrigation well. (16) Workers shall be educated regarding proper hygienic procedures to ensure personal and public safety. User is responsible for training employees in the use of recycled water. It is recommended that training be conducted at the beginning of each irrigation season. New employees shall be instructed before any handling of recycled water. (17) User is responsible for application fees and annual RWQCB fees if applicable. (18) User is responsible for installing a delivery pipeline and all necessary air gap devices on irrigation wells. Upon completion of construction and verification of expenditures, city shall pay user a one-time “mitigation fee” equal to actual costs incurred by user. (19) User is responsible for keeping records of water use and associated nitrogen loading and reporting to the city. (20) The annual nutrient loading of the use area, including the nutritive value of organic and chemical fertilizers and recycled water, shall not exceed crop demand. (21) Hydraulic and nutrient loading of recycled water and supplemental irrigation water shall be at reasonable agronomic rates designed to: (a) Maximize crop nutrient uptake; (b) Maximize breakdown of organic waste constituents in the root zone; (c) Minimize the percolation of waste constituents; and (d) Minimize erosion within the use areas. (22) The General Manager shall provide user with a copy of all reports required by the applicable WDR. (23) The General Manager has the right to inspect the use area on regular basis to ensure compliance with the provisions of this chapter and the reclamation agreement. (24) A copy of the reclamation agreement and this chapter shall be maintained at the user’s facilities and be available at all times for inspection by the authorized representatives of the city, the RWQCB, or CDPH. (25) The use area(s) shall be managed to prevent breeding of mosquitoes. In particular: (a) There shall be no standing water 48 hours after irrigation ceases; (b) Tailwater ditches shall be maintained essentially free of emergent, marginal, and floating vegetation; and (c) Low-pressure and unpressurized pipelines and ditches accessible to mosquitoes shall not be used to store recycled water. (26) User will manage the use of the recycled water to: (a) Minimize contact with workers. (b) Maintain application or recycled water at reasonable rates considering the crops, soil, climate, irrigation management system, nutrient loading, and crop demand. (Ord. 13-05, passed 10-1-2013)

(A) The General Manager may employ any of the following enforcement procedures in order to return a user to compliance with a reclamation agreement, this chapter or any federal, state, or local regulation. (B) Authorized representatives of the city, the RWQCB, or CDPH shall have the right to enter use area during reasonable hours, for any of the following reasons: (1) Monitoring and inspecting of onsite recycled water systems to ascertain compliance with this chapter and other regulatory requirements. (2) Installing, maintaining, repairing, and/or collecting measurements from city-owned facilities serving the use area. (C) The General Manager shall investigate all reports of noncompliance with any provision of this chapter and/or the reclamation agreement to determine the validity of the complaint and seriousness of the violation if any.

(D) The General Manager will issue a “notice of default” to the user for any violation of the reclamation agreement. As long as an emergency is not occurring, as determined by the General Manager, the user will receive a written notice of default describing: (1) The nature of the violation. (2) Requirements for submittal of a corrective action plan. (3) Setting a reasonable time limit for the satisfactory mitigation of the violation. (4) A date for follow-up inspection. (E) The user will have 15 calendar days to respond to the General Manager with a “default response.” If the user disputes the violation in the default response, the General Manager and user will meet and attempt to resolve the issue. If the dispute is not resolved, the General Manager or user may pursue all other remedies provided by law and the reclamation agreement. (F) For breaches of the reclamation agreement that support a temporary restraining order and preliminary injunction, the General Manager may make take such action without first issuing a notice of default. (G) The General Manager may terminate service to a user who uses recycled water or manages the onsite recycled water system in violation of this chapter or in violation of any regulatory agency rules and regulations. The General Manager reserves the right to suspend the recycled water service immediately and without notice if the serious nature of the violation requires immediate action. (H) The RWQCB may initiate enforcement action against any user, including but not limited to the termination of the recycled water supply, who: (1) Discharges recycled water in violation of any applicable discharge requirement prescribed by the RWQCB or in a manner, which creates or threatens to create conditions of pollution, contamination, or nuisance, as defined in Cal. Water Code § 13050. (2) Uses, transports, or stores recycled water in violation of the rules and regulations governing the design, construction, and use of the recycled water distribution and disposal systems issued by the General Manager. (Ord. 13-05, passed 10-1-2013)

(A) The initial term of the reclamation agreement shall be five consecutive years. The agreement may be renewed for successive five-year terms. Either party may terminate the agreement without cause, by giving at least three years written notice to the other party. (B) The General Manager may discontinue a user’s service for any of the following reasons: (1) Noncompliance. Service may be discontinued for a user who uses, transports, or stores recycled water in violation with the terms and conditions of the reclamation agreement, any other applicable laws and this chapter. (2) Water quality. Service may be discontinued by the city if the recycled water does not meet the quality requirements of the city or applicable regulatory agency(s). (3) For noncompliance with regulations. Service may be suspended or terminated at any time if the user’s operations do not conform to this chapter as determined by the General Manager. Where safety of water supply or public health is endangered, or regulatory agency regulations have been violated, service may be suspended immediately without notice. Otherwise, all defects noted shall be corrected within the period of time specified by the General Manager. (4) For misuse of recycled water. In order to protect against misuse of recycled water, the General Manager may suspend service if such wasteful practices are not remedied after notice to such effect has been provided to the user. (5) For unauthorized use of recycled water. If the General Manager discovers an unauthorized use, the service may be suspended without notice. (C) The General Manager shall have the right to refuse to reestablish service following termination of service for violation of this chapter or the terms of the reclamation agreement. Any request to reestablish service subsequent to the termination of recycled water service shall be in the manner prescribed for initially obtaining recycled water service from the city. In order to resume or continue service that has been suspended, the user may be required to pay a restoration fee, as determined by the General Manager. (Ord. 13-05, passed 10-1-2013)