Woodland Municipal Code Ch. 13.44 Recycled Water Service

It is declared to be the policy of the City to require recycled water to be used in a manner that is in compliance with all applicable laws, ordinances, and regulations that will achieve the following:

A. Extend and enhance local water supplies by using recycled water for nonpotable purposes to free up potable supplies for higher uses;

B. Reduce wastewater flows that would otherwise be lost to the Tule Canal within the Yolo Bypass;

C. Prevent direct human consumption of recycled water; and

D. Control and limit runoff of recycled water by controlling the installation of systems using recycled water.

(Prior code § 23C-14-1)

For the purposes of this chapter, the words defined in this section shall have the meanings respectively ascribed to them and shall be interpreted or construed accordingly.

"Air-gap separation"

means a physical break between a supply pipe and a receiving vessel that shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, and in no case less than one inch.

"Approved backflow preventer"

means a device installed to protect the potable water supply from contamination by recycled water, pursuant to the requirements specified in Chapter 13.24 of this title.

"Connection fee"

means a charge imposed by the City for providing recycled water service, including construction and/or installation of off-site and on-site facilities.

"Cross-connection"

means any unprotected connection between any part of a water system used or intended to supply potable water and any service or system containing recycled or other water or substance that is not safe, wholesome, and potable for human consumption.

"Director"

means the Public Works Director or designee.

"Engineer"

means the City Engineer or designee.

"Nonpotable water"

means water that has not been treated for human consumption in conformance with the drinking water standards referred to in the definition of potable water.

"Off-site facilities"

means facilities under the control of the City, including, but not limited to, recycled water pipelines, reservoirs, pumping stations, manholes, valves, connections, supply inter-ties, treatment facilities, and other appurtenances and property. For recycled water service, off-site facilities shall be those upstream of the point of connection with the customer's on-site facilities located and starting at the down-stream end of the meter tailpiece.

"On-site facilities"

means facilities under the control of the applicant, owner, or customer, including, but not limited to, landscape irrigation systems and agricultural irrigation systems. For recycled water service, the on-site facilities shall be those downstream of the recycled service connection, which shall normally be the downstream end of the meter tailpiece.

"Potable water"

means that water furnished to the customer that does not contain objectionable pollution, contamination, minerals or infective agents and is considered satisfactory for domestic consumption, and conforms to the latest Edition of the United States Public Health Service Drinking Water Standards, the California Safe Drinking Water Act, or any other applicable standards.

"Recycled water,"

also known as "reclaimed water," has the definition set forth in Section 13050 of the Water Code (hereinafter "Code") and all subsequent amendments and means water which, as a result of treatment of domestic wastewater, is suitable for a direct beneficial use or a controlled use that otherwise would not occur, such treatment of domestic wastewater having been accomplished in accordance with the criteria, including the level of constituents in combination with the means for assurance of reliability, as set forth in the Code.

"Recycled water facilities"

means facilities used in the storage, pumping, and conveyance of recycled water. Recycled water facilities are intended to provide recycled water for uses such as landscape irrigation, agricultural irrigation, and construction or industrial process water.

"Recycled water service connection"

means the point of connection of the customer's recycled water line with the recycled water service line of the City, which shall normally be the downstream end of the recycled water meter tailpiece.

"Recycled water service line"

means the City's facility between its recycled water distribution system and the recycled water service connection.

"Recycled water transmission mains"

means recycled water lines and appurtenances purchased or constructed and owned by the City or which the City requires an applicant, owner, or customer to construct but which are owned by the City. The City shall determine what facilities are recycled water transmission mains from time to time. The City's determination in regard to these matters shall be final and conclusive.

"Recycled water use area"

means a site, with specified boundaries, designated in the terms and conditions, defined below, to receive recycled water for an approved use and acknowledged by the regulatory agencies.

"Recycled water use permit"

means a permit issued by the City Engineer or designee upon successful completion of an application form designated by the City Engineer to allow a customer to use recycled water from a tanker truck filling station for construction purposes.

"Rules and regulations for use of recycled water"

is the set of rules and regulations prepared under the supervision of the City Engineer that regulates the use of recycled water provided by the City, that may be amended from time to time by the City Engineer as needed, or to comply with all Federal, State, and local regulations pertaining to the use of recycled water.

"Site owner"

is any person, persons, partnership, corporation, or legal entity that holds legal title, is a contract purchaser, or is a lessee under lease of property being served by City recycled water. A site owner becomes a recycled water user upon signing the terms and conditions.

"Site supervisor"

means the responsible individual, as a representative of the site owner, who is responsible for operation and maintenance of the on-site recycled water system.

"Terms and conditions for recycled water operations, use and service"

means the document required to be signed by any site owner utilizing recycled water on real property. The document provides the terms and conditions by which recycled water may be used by the site owner. These terms and conditions may be amended from time to time by the City Engineer as needed or to comply with all Federal, State, and local regulations pertaining to the use of recycled water.

(Prior code § 23C-14-2)

A. The engineer shall control and schedule recycled water distribution to customers. The City of Woodland will prepare a recycled water master plan and update the plan regularly. The recycled water master plan will include, but is not limited to:

1. Facilities. Evaluation of the location and size of present and future recycling facilities, distribution pipelines, pump stations, reservoirs, and other related facilities, including cost estimates and potential financing methods; and

2. Recycled Water Use Area. A designation, based on the criteria set forth in this chapter, of the areas within the boundaries of the City of Woodland that can or may in the future use recycled water in lieu of potable water. Recycled water uses may include, but not be limited to, the irrigation of greenbelt and agricultural areas and appropriate industrial and commercial uses. The provision of recycled water service and the use of recycled water by any customer shall be subject to all the terms and conditions of this chapter and the City's rules and regulations for use of recycled water.

B. Prior to the introduction of recycled water into an on-site system, the site owner shall sign and agree to be bound by the terms and conditions for recycled water operations, use, and service.

C. Upon a change of property ownership of any kind (whether it be complete or partial), any new site owner shall sign the terms and conditions for recycled water operations, use, and service within 30 days of the effective date of transfer or close of escrow, whichever is earlier. If the new site owner (regardless of whether the site owner has a full or partial ownership interest) does not sign the terms and conditions referenced above within 30 days, recycled water service to the property shall be terminated upon the 31st day following a change in ownership.

(Prior code § 23C-14-3)

A. An applicant for recycled water service shall file with the engineer an application for service on a form designated by the engineer. The application shall include a scaled drawing and written description delineating the proposed recycled water use area; the proposed location; size of street adjacent or nearest to the recycled water use area; the proposed use or uses of recycled water; and any other information deemed necessary by the engineer.

B. The applicant for recycled water service shall comply with all requirements of applicable Federal, State, and local statutes, ordinances, regulations, and other requirements, including the payment of all fees required by the regulatory agencies. The engineer may reject for filing any application where the engineer determines that the applicant has failed to obtain any necessary prior approval of recycled water service from any Federal, State, or local office or agency.

C. Application fees and deposits shall be paid in accordance with Chapter 13.16 and shall be subject to all terms and conditions set forth Chapter 13.16.

(Prior code § 23C-14-4)

Upon receipt of an application for recycled water service, the engineer shall review the application and conduct any necessary investigation in order to determine whether the City shall provide recycled water service. The engineer shall either approve, approve with conditions, or deny recycled water service. In approving or conditionally approving recycled water service, the engineer shall find that the provision of recycled water service to the applicant is compatible with the City's recycled water system and that the location of the recycled water use area is reasonably accessible to the City's recycled water system.

(Prior code § 23C-14-5)

Among other conditions of approval, the engineer may require that the applicant construct specific on-site facilities in order to facilitate recycled water service. The engineer may also require the applicant to make modifications in the on-site potable water system and to install an approved backflow preventer. The customer shall not make any changes in the recycled water system or facilities on property subject to recycled water service without prior written approval from the engineer.

Any approval or conditional approval of an application for recycled water service shall, unless otherwise specified, be deemed to be approval or conditional approval of recycled water service only for the recycled water use area, for the location, size, and type of all recycled water service connections and on-site facilities, and for the proposed use of recycled water, described in the application.

(Prior code § 23C-14-6)

A. Before a recycled water service connection is supplied to or installed on the premises, the customer shall pay to the City the costs of the recycled water service connection, including, but not limited to, the cost of a meter, unless the City agrees in writing to other arrangements.

B. Before a recycled water service connection is supplied to, or installed on, the premises, the customer shall pay to the City the costs incurred by the City in extending existing off-site facilities, including, but not limited to, the recycled water service line, in order to provide recycled water service to the customer unless the City agrees in writing to other arrangements. Construction of recycled water transmission mains and water service extensions shall be subject to the provisions of this chapter.

C. Upon approval of recycled water service by the engineer, the site owner shall sign the terms and conditions for recycled water operations, use, and service prior to recycled water being delivered to the site.

D. If recycled water service to any customer is suspended or terminated because of failure by a customer to adhere to the provisions of this chapter, including, but not limited to, the failure of a new site owner to sign terms and conditions within 30 days, or the failure by a customer to pay for recycled water in accordance with this chapter, the customer shall pay in advance of resumption of recycled water service a delinquent and/or reconnection charge that shall be equal to that delinquent and/or reconnection charge for potable water established from time to time by resolution of the City Council, in addition to any payment for recycled water service then due.

E. Any person with a valid recycled water use permit may purchase recycled water from City-owned recycled water tanker truck filling stations for construction purposes such as grading and compaction, wetting pads, or dust control. Before the first water pickup, the customer must receive a recycled water use permit from the City and be trained in mandatory procedures for using the tanker truck fill station.

(Prior code § 23C-14-7)

A. All fees, charges, deposits, or penalties provided for in this chapter, including recycled water charges, shall be in the amount set forth in Section 13.44.090 or as may be established by resolution of the City Council.

B. Payment by a customer for recycled water service shall be due and payable as specified in Article 3 of Chapter 13.04. If payment is not received in accordance with Article 3 Chapter 13.04, then the recycled water service may be disconnected or terminated. In the event the City disconnects or terminates recycled water service pursuant to this section, then in addition to the payment due for recycled water, the customer shall pay any and all delinquent and reconnection charges for recycled water service as specified in Article 3 of Chapter 13.04.

C. Price of Recycled Water. The price for recycled water sold, supplied, distributed or transported to customers of the City shall be at a rate or charge established by the City of Woodland, which the City Council may establish from time to time as set forth in Section 13.16.040 for potable water and which is in effect on the date of delivery of recycled water by the City to such customer. Such charge or rate shall be the sum of the customer charge, commodity charge and adjustments as detailed in this chapter and specified in Section 13.16.040.

(Prior code § 23C-14-8)

By special contract between the City and any user, recycled water may be sold by the City at a charge fixed by such contract. The City may enter into and perform such special contracts with any user, for the provision and operation by the City of recycled water facilities in order to provide tertiary treated water for industrial cooling processes, irrigation, or other approved uses to the user and accept the payment, periodically or otherwise, by the user to the City in amounts sufficient to compensate the City for such portion of the cost of providing, operating, and maintaining the recycled water facilities serving such user as the City Council shall determine. Special contracts may include connection fees to offset the costs to extend recycled water facilities, meters, permitting, and to make connection with the user.

(Prior code § 23C-14-9)

A. The Director shall establish and may vary conditions of pressure and service.

B. The City shall have control of and shall maintain and repair recycled water transmission mains, service lines, and meters. The customer shall maintain in good working condition and shall repair the recycled water service connection and on-site facilities.

C. Unless otherwise provided by written agreement between the customer and the City, the customer shall pay for all on-site facilities, including their installation, as well as for recycled water service lines and meters and extensions of recycled water transmission mains in order to provide recycled water service to the customer.

D. The customer shall not make any changes in, or additions to, the recycled water system or to on-site potable water facilities without obtaining prior approval from the engineer.

E. Neither a recycled water service connection nor a recycled water meter shall be used to provide recycled water service to any property or any portion of property that is not approved by the engineer for that service or meter.

F. When property provided with a recycled water service connection and recycled water meter is subdivided, such connection and meter shall thereafter serve only the lot or parcel of land on which the meter is located. Additional recycled water mains, service lines connections, and/or meters shall be installed for additional new lots or parcels created by subdivision, in accordance with this chapter.

G. All recycled water used on any premises approved for recycled water service must be serviced by a water meter designated for recycled water only.

H. The customer shall install and pay for a locking angle valve, as approved by the engineer, on the inlet side of the meter, which shall be used exclusively by the City for controlling the recycled water supply through the recycled water service line. If the locking angle valve is damaged or otherwise requires replacement, in the determination of the engineer, such replacement shall be made at the expense of the customer.

I. Each customer shall restrict the use of recycled water to those uses set forth in the terms and conditions for recycled water operations, use and service signed by the site owner which is approved by the engineer.

J. The City shall not be responsible or liable for any suspension in service of, or failure to supply, recycled water, or for any damage, or injury to person or property relating to the provision of recycled water.

(Prior code § 23C-14-10)

A. Recycled water service may be suspended or terminated at any time by the Director due to any one or more of the following:

1. Failure by a customer to adhere to the provisions of this chapter;

2. For the protection of the public health, safety and welfare;

3. In order to protect recycled water facilities or make repairs to such facilities;

4. In order to protect potable water facilities;

5. Inability of the City to obtain recycled water or otherwise provide recycled water service; or

6. For failure of the customer to pay for recycled water in accordance with Article 3 of 13.04.

B. Where the Director determines that a condition affecting the safety of the public water system exists at the City service connection to any user's premises, the Director shall mail written notice to the customer in accordance with Section 13.24.040. In cases of threat to the public health, safety or welfare, the Director may order immediate disconnection of the recycled water service without prior notice whenever hazardous conditions exist justifying such action pursuant to Section 13.24.030(B). Subsequent notification and appeal of the condition shall be carried out in accordance with Section 13.24.040.

C. Where the City disconnects or terminates recycled water service in accordance with subsection (A)(1), (2) or (6) of this section, the customer shall thereafter pay any and all costs and fees for reconnecting or starting up recycled water service. Where the City disconnects and/or terminates recycled water service in accordance with subsection (A)(3), (4), or (5) of this section, the City shall pay all costs and fees for reconnecting or starting up recycled water service.

D. The City Council may, by resolution or by written agreement with the customer, impose a penalty for termination of use of recycled water because of a voluntary act of the customer or determination of the Director for the reasons set forth in subsection (A)(1) and (6) of this section.

(Prior code § 23C-14-11)

No person shall make any connection to recycled water facilities of the City unless the engineer has approved recycled water service for that person and for the recycled water service area in accordance with this chapter.

(Prior code § 23C-14-12)

It is unlawful for any person to resell any water received from recycled water facilities, except that a land-lord/lessor may charge a tenant the amount which the landlord must pay for the water.

(Prior code § 23C-14-13)

A. The customer shall provide and install at such customer's expense any on-site recycled water facilities required to provide recycled water service. On-site recycled water facilities shall conform to all applicable State and local statutes, ordinances, regulations, and other requirements. The customer shall make, at the customer's expense, any modification to the potable water system on the premises which is required by the engineer in order to permit recycled water service including, but not limited to, the installation by the customer of approved backflow preventers. Plans, specifications, and record drawings for on-site recycled water facilities shall be prepared and submitted by the property owner to the City and must be approved by the engineer prior to the commencement of construction.

B. On-site recycled water facilities shall be designed to accommodate the use of recycled water in those areas where the engineer has determined that recycled water will be supplied in the future even though recycled water service is not immediately available when the design area is ready for construction.

C. On-site recycled water facilities shall be designed and constructed in accordance with the City's current design and construction standards for on-site recycled water facilities. The on-site design shall be submitted to the City Utilities Department for approval regarding compliance with all applicable recycled water regulations. The construction contractor shall have a utilities approved set of plans on site at all times during construction of on-site facilities.

(Prior code § 23C-14-14)

A. In circumstances where off-site recycled water facilities constructed by the City are installed to serve more than one property, each property owner shall reimburse the City for the pro rata cost of installation of off-site recycled water facilities in accordance with a fee schedule or charges determined by the engineer based upon costs of design, equipment, overhead, construction, and inspection.

B. The City shall operate and maintain the off-site recycled water facilities, including recycled water pipelines, reservoirs, manholes, valves, connections, supply inter-ties, and other appurtenances and property up to and including the meter. No other persons, except authorized employees of the City, shall enter upon, inspect, operate, adjust, change, alter, move, or relocate any portion of the off-site recycled water facilities.

(Prior code § 23C-14-15)

Each recycled water service customer shall designate a "site supervisor" subject to approval by the engineer. All "site supervisors" shall attend the City's site supervisor training at least once every five years. The City site supervisor training shall be provided by the City on a regular basis. Each recycled water service customer shall keep the Director informed of the identity of the site supervisor. The site supervisor shall be educated in the use and operation of recycled water facilities. Such site supervisor shall be responsible for overseeing recycled water service, maintaining on-site facilities, and preventing cross-connections on the premises receiving recycled water service. The site water supervisor shall immediately advise the Director of any cross-connection on the premises.

(Prior code § 23C-14-16)

Where a property owner proposes the conversion of any existing potable water system to a recycled water system, a comprehensive investigation shall be performed by or for the City at the expense of the property owner. No potable water facilities shall be connected to or incorporated in the recycled water system where such facilities have not been approved for recycled water service by the engineer and by any and all other required State or local offices or agencies.

(Prior code § 23C-14-17)

If an emergency exists whereby in all or a portion of the recycled water system, recycled water is not available, the engineer may approve a temporary connection for a customer to the potable water system. Before such temporary connection is made, the portion of the system that does not have recycled water available shall be isolated by an air-gap separation from the remainder of the recycled water system, either at individual service connections or on off-site facilities, as determined by the engineer, and an approved backflow preventer shall be installed on the potable water line or lines in accordance with any and all applicable State and local statutes, ordinances and regulations. The emergency connection or connections shall be removed before connection is reestablished to the remainder of the recycled water system. The customer shall be billed at the potable water rate for the entire duration of the temporary connection to the potable water system.

(Prior code § 23C-14-18)

A. New customers within the recycled water use area and where recycled water is available to the property or feasible to extend to the property shall be required to utilize recycled water for landscape irrigation and industrial purposes where appropriate. In the event a development application is reviewed and found to be a suitable application for use of recycled water, but recycled water is not yet available to the property, such development permit shall be conditioned to require an appropriate recycled water distribution system connection point within the project to accommodate recycled water at such time as recycled water becomes available to the site.

B. Existing Customers.

1. The City of Woodland Community Development Department, in consultation with the prospective recycled water customer(s), shall implement a program of review of each parcel of property within the recycled water use area to determine which parcels would be appropriate for using recycled water for industrial processing, landscape irrigation, or other appropriate uses by the then existing customer(s).

2. Based on the master plan, expanding the recycled water use area, or the commencement of the design of new recycled water facilities, the City of Woodland shall make preliminary determinations as to which existing potable water customers shall be converted to the use of recycled water. Each water customer shall be notified of the basis for determining that conversion to recycled water service will be required, as well as the proposed conditions and schedule for conversion.

3. In making such determination, the City of Woodland Community Development Department, in consultation with the prospective recycled water customer(s), shall consider, but not be limited to, the following factors:

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

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

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

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

4. If a property is identified as being suitable for use of recycled water and recycled water is or will be available to the site, the potential customer (property owner) shall be notified. The notice provided to a potential recycled water customer of the preliminary determination, including the proposed conditions and time scheduled for compliance, shall be delivered or mailed to the potential recycled water customer.

5. Within 30 days of such notification, the potential customer (property owner or the occupant) of the property must either:

a. Apply for the use of recycled water and commence the necessary work to convert to recycled water; or

b. Provide satisfactory evidence to the City of Woodland Community Development Department that conversion of the site to use recycled water is not technically or economically feasible, or that conversion would be harmful to the public health, safety, or welfare or to the environment.

6. At the time of commencing the work, the property owner shall furnish the City of Woodland Community Development Department a schedule showing the time frame of when the conversion work will be completed. The City of Woodland may grant an extension of time for the preparation of studies, environmental review or other good reason.

7. Objections/Appeals.

a. The water customer may file a notice of objection within 30 days after any notice of determination to comply is delivered or mailed to the customer, and may request reconsideration of the determination or modification of the proposed conditions or schedule for conversion.

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

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

d. The City of Woodland staff shall review the objection and shall confirm, modify or abandon the preliminary determination.

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

i. The customer may appeal to the Director, and if not satisfied;

ii. The customer may then appeal to the City Manager whose decision shall be final.

C. Failure to Commence Use of Recycled Water. The Director shall identify and give notice to all persons, firms, and corporations which have failed to commence the use of recycled water obligated under this chapter, and determine the reasons for said persons, firms, or corporations for failing to take recycled water, after being offered the opportunity.

D. Procedures for Instituting Mandatory Service. The City of Woodland City Council may initiate proceedings to institute mandatory service to a person, firm or corporation as follows:

1. The potential recycled water customer shall be notified in writing why the Director has determined it is feasible to convert to recycled water service; initiating a 30-day period for filing protests or requesting a waiver.

2. After the 30-day protests and waivers period has expired; findings shall be made, and the Director shall request the City Council to determine whether the conditions for mandatory use exist.

E. Surcharge for Failure to Use Recycled Water. In the event the potential recycled water customer fails, neglects, or refuses to convert to the use of recycled water, such potential customer shall pay to the City of Woodland a surcharge on the amount of potable water used on the site in an amount of 50% of the City of Woodland's highest water rate.

(Prior code § 23C-14-19)

A. The use of recycled water shall be limited to those uses permitted by Federal and State law and to those uses approved by the engineer for the recycled water service area.

B. The engineer shall promulgate rules and regulations as are reasonably necessary to carry out the intent and purposes of this chapter.

C. Where this chapter or regulations promulgated under this chapter conflict with any other provision of law, the more restrictive shall apply.

(Prior code § 23C-14-20)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable in accordance with Section 1.08.070 (General penalty—Continuing violations—Aiding or abetting).

(Prior code § 23C-14-21)