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HomeMy WebLinkAboutDIV II) CH 1 Water Service: Section 26 - Water Recycling Plan and Implementing Procedures26-1 SECTION 26 WATER RECYCLING PLAN AND IMPLEMENTING PROCEDURES 26.01 FINDINGS The state policies regarding use of recycled water are in the best interest of the Otay Water District. The majority of jurisdictions in San Diego County have adopted measures to promote water reclamation. This ordinance is necessary to protect the common water supply of the region which is vital to public health and safety, and to prevent endangerment of public and private property. San Diego County is highly dependent on limited imported water for domestic, agricultural and industrial uses. The reliability of the supply of imported water is uncertain. By developing and utilizing recycled water, the need for additional imported water can be reduced. In light of these circumstances, certain uses of potable water may be considered unreasonable or to constitute a nuisance where recycled water is available. 26.02 USE OF RECYCLED WATER A.District Policy: It is the policy of the Dis- trict that recycled water shall be used within the jurisdiction wherever its use is financially and technically feasible, and consistent with legal requirements, preservation of public health, safety and welfare, and the environment. A customer’s recycled water service must at all time be in compliance with any requirements of service, including but not limited to the requirements established under this Section 26, the District’s Rules and Regulations for Recycled Water Use, the California Water Code, commencing with Section 13520, the California Health and Safety Code, Section 116555, the California Code of Regulations, Titles 17 and 22, and Water Agency Standards. B.Required Use for Greenbelt Purposes: Pursuant to Section 13550 of the California Water Code, no customer of the District shall make, cause, use or permit the use of potable water supplied by the District for greenbelt uses, including, but not limited to, cemeteries, golf courses, parks and highway landscaped areas, when, following notice and a hearing, the District finds that recycled water is available for such greenbelt uses and that the following conditions are met: 1.the recycled water is of adequate quality; 26-2 2.the recycled water may be furnished to such areas at a reasonable cost, comparable to or less than the cost of supplying potable domestic water; 3.the State Department of Health Services has determined that such use would not be detri- mental to public health; and 4.the use of recycled water will not adversely affect downstream water rights, will not degrade water quality. The findings may include terms and conditions under which recycled water shall be used. In addition, the District may assist the customer in obtaining any permits or approvals required for the use of recycled water. 26.03 DEFINITIONS The following terms are defined for purposes of this ordinance: 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: A human-made lake, pond, lagoon, or other body of water that is used wholly or partly for landscape, scenic or noncontact recre- ational purposes. C.Commercial Office Building: Any building for office or commercial uses with water requirements which include, but are not limited to, landscape irrigation, toilets, urinals and decorative foun- tains. D.Recycled Water Distribution System: A piping system intended for the delivery of recycled water separate from and in addition to the potable water distribution system. E.Greenbelt Areas: A greenbelt area includes, but is not limited to golf courses, cemeteries, parks and landscaping. F.Industrial Process Water: Water used by any industrial facility with process water require- ments which include, but are not limited to, rins- ing, washing, cooling and circulation, or con- struction, including any facility regulated for 26-3 industrial waste or other objectionable discharge under District Code of Ordinances Sections 52.04, 52.05 and 52.06. G.Off-Site Facilities: Water facilities from the source of supply to the point of connection with the on-site facilities, normally up to and includ- ing the water meter. H.On-Site Facilities: Water facilities under the control of the owner normally downstream from the water meter. I.Potable Water: Water which conforms to the fed- eral, state and local standards for human consump- tion. J.Recycled Water: Recycled water means water which, as a result of treatment, is suitable for a direct beneficial use or controlled use that would not otherwise occur. (See Water Code Section 13050(n).) K.Recycled Water Use Permit: A recycled water permit means a permit issued by the District approving and conditioning recycled water service for a particular site. L.Recycled Water Site Supervisor: A person responsible for the safe and efficient installation, operation and maintenance of a recycled water use site, including but not limited to compliance with all applicable permits, enforcement of the recycled water producer’s rules and regulations and the prevention of potential hazards, such as cross-connections. The Recycled Water Site Supervisor must be certified by an approved Recycled Water Site Supervisor Certification Training Class offered within the County of San Diego and must have evidence of valid certification at all times while acting as Recycled Water Site Supervisor. M.Temporary Recycled Water Use Permit: Temporary recycled water use permit means a permit issued by the District, at its discretion, to allow temporary use of recycled water pending issuance of a recycled water use permit or pending renewal of such permit following suspension or termination due to a violation of the provisions of this Section. N.Waste Discharge: Waste Discharge means water deposited, released or discharged into a sewer 26-4 system from any commercial, industrial or residen- tial source which contains levels of any substance or substances which may cause substantial harm to any water treatment or reclamation facility or which may prevent any use of reclaimed water authorized by law. 26.04 WATER RECLAMATION MASTER PLAN A.General: The General Manager shall prepare and adopt a Water Recycling Master Plan to define, encourage, and develop the use of recycled water within the District's boundaries. The Master Plan shall be updated not less often than every five years. B.Contents of the Water Recycling Master Plan: The Master Plan shall include, but not be limited to, the following: 1.Plants and Facilities. Evaluation of the location and size of present and future recycling treatment plants, distribution pipelines, pump stations, reservoirs, and other related facilities, including cost estimates and potential financing methods. 2.Recycled Water Service Areas. A designation, based on the criteria set forth in Section 26.02 and the information derived from Section 26.04B.1. and this Section 26.04B.2. of the areas within the District that can or may in the future use recycled water in lieu of potable water. Recycled water uses may include, but are not limited to, the irriga- tion of greenbelt and agricultural areas, filling of artificial lakes, and appropriate industrial and commercial uses. 3.Designate Tributary Areas. For each water reclamation facility identified in the Master Plan, designate proposed tributary areas. Within such areas, discharges to the sewage system shall be subject to permitting, moni- toring and control measures to protect public health, safety and public and private prop- erty. Designation of tributary areas shall be adopted by ordinances, and may be included in the Master Plan. Prior to designation of tributary areas, appropriate notice shall be given to property owners and residents of the area. 4.Quality of Water to be Recycled. For each water reclamation treatment facility, evalu- 26-5 ate water quality with respect to the effect on anticipated uses of recycled water to be served by each treatment facility. Evaluate sources of waste discharge and sewer inflow that may, directly or cumulatively, substan- tially contribute to adverse water quality conditions in recycled water. 5.Tributary Protection Measures. Develop rec- ommended control measures and management practices for each designated tributary area to maintain or improve the quality of recycled water. Such control measures may include capital improvements to the sewer collection system and waste discharge restrictions for industrial, commercial and residential discharges. 6.Mandatory Recycled Water Use. For each recycled water service area, evaluate whether greenbelt irrigation, agricultural irrigation, commercial office buildings, filling of artificial lakes, or industrial processes shall be limited to the use of recycled water. As appropriate, mandate construction of recycled water distribution systems or other facilities in new and exist- ing developments for current or future recycled water use as a condition of any development approval or continued water ser- vice if future reclamation facilities are proposed in the Master Plan that could ade- quately serve the development, in accordance with the procedures described in Section 26.05. Identify resources and adopt measures to assist water users in the financing of necessary conversions. 7.Rules and Regulations for Recycled Water Use. Establish general rules and regulations governing the use and distribution of recycled water. 8.Public Awareness Program. Establish a com- prehensive water reclamation public awareness program. 9.Coordination Among Agencies. An examination of the potential for initiating a coordinated effort between the District and other regional agencies to share in the production and utilization of recycled water. 26.05 PROCEDURES 26-6 A.Existing Potable Water Service. 1.Preliminary Determination. Based upon the Master Plan, upon the designation of each recycled water service area or the commence- ment of the design of new recycled water facilities, the General Manager shall make preliminary determinations as to which exist- ing potable water customers shall be con- verted to the use of recycled water. Each water customer shall be notified of the basis for a determination that conversion to recycled water service will be required, as well as the proposed conditions and schedule for conversion. 2.Notice. The notice of the preliminary deter- mination, including the proposed conditions and time schedule for compliance, and a recycled water permit application shall be sent to the water customer by certified mail. 3.Objections; Appeals. The water customer may file a notice of objection with the District within thirty (30) days after any notice of determination to comply is delivered or mailed to the customer, and may request reconsideration of the determination or modi- fication of the proposed conditions or sched- ule for conversion. The objection must be in writing and specify the reasons for the objection. The preliminary determination shall be final if the customer does not file a timely objection. Staff (Engineering Department) shall review the objection and shall confirm, modify or abandon the prelimi- nary determination. Upon issuance of a final determination in writing by Staff, customer may appeal the determination upon written application to the Board of Directors after the final determination made by the Staff (Engineering Department). The customer’s written application to the Board of Directors to appeal the final determination must be received within thirty (30) days of the customer receiving the final determination. B.Development and Water Service Approvals. 1.Conditions. Upon application by a developer, owner or water customer (herein referred to as "applicant") for a tentative map, subdivi- sion map, land use permit or other develop- 26-7 ment project as defined by Government Code Section 65928 or for new or altered water service, the District Staff shall review the Master Plan and make a preliminary determina- tion whether the current or proposed use of the subject property is required to be served with recycled water or to include facilities designed to accommodate the use of recycled water in the future. Based upon such deter- mination, use of recycled water and provision of recycled water distribution systems or other facilities for the use of recycled water, and application for a permit for such use may be required a condition of approval of any such application, in addition to any other conditions of approval for service. 2.Alterations and Remodeling. On a case-by- case basis, upon application for a permit for the alteration or remodeling of multifamily, commercial or industrial structures (including, for example, hotels), the Dis- trict Staff shall review the Master Plan and make a preliminary determination whether the subject property shall be required to be served with recycled water or to include facilities designed to accommodate the use of recycled water in the future. Based upon such determination, use of recycled water and provision of recycled water distribution systems or other facilities for the use of recycled water, and application for a permit for such use, may be required as a condition of approval of the application. 3.Notice of Determination. A notice of the basis for the preliminary determination, proposed conditions of approval and schedule for compliance shall be provided to the applicant prior to approval of the develop- ment application or application for water service. 4.Requested Service. On a case-by-case basis, upon application for a permit to use recycled water on a property not covered by Sections 26.05.A.1, 26.05.B.1, or 26.05.B.2 above, the General Manager shall review the Master Plan and make a determination whether the subject property shall be served with recycled water. Based upon such determination, the application for the permit shall be accepted and processed subject to Section 26.05.C. 26-8 C.Recycled Water Permit Process. Upon a final determination by the General Manager that a prop- erty shall be served with recycled water, or adoption of a condition of development approval or water service requiring use or accommodation of the use of recycled water, the water customer owner or applicant shall obtain a recycled water permit. 1.Permit Conditions. The permit shall specify the design and operational requirements for the applicant's water distribution facilities and schedule for compliance, based on the rules and regulations adopted pursuant to Section 26.04.B and shall require compliance with both the California Department of Health Services Wastewater Recycling Criteria (see California Code of Administrative Regula- tions, Title 22), and requirements of the Regional Water Quality Control Board. 2.Plan Approval. Plans for the recycled and non-recycled water distribution systems for the parcel shall be reviewed by the District Engineer and a field inspection conducted before the plans are approved. 3.Meter Permit Issuance. Upon completion of construction and approval by the District and the County Department of Environmental Health the meter permit shall be issued. Recycled water shall not be supplied to a property until inspection by the District determines that the applicant is in compliance with the permit conditions. 4.Recycled Water Use Permit Issuance. If the site has a certified Recycled Water Site Supervisor, a Recycled Water Use Permit will be issued by the District. If the site does not have a certified Recycled Water Site Supervisor identified, a Temporary Recycled Water Use Permit may be issued, for a maximum of 120 days, to allow the site to receive recycled water while a proposed Recycled Water Site Supervisor is being certified. Failure to secure a certified Recycled Water Site Supervisor for the site under a Temporary Recycled Water Use Permit may result in discontinuation of recycled water service to the site. D.Temporary Use of Potable Water. At the discretion of the General Manager, potable water may be made 26-9 available on a temporary basis, until recycled water is available. Before the applicant receives temporary potable water, a water reclamation per- mit, as described in Section 26.05.C, must be obtained for new on-site distribution facilities. Prior to commencement of recycled water service, an inspection of the on-site facilities will be conducted to verify that the facilities have been maintained and are in compliance with the recycled water permit and current requirements for service. Upon verification of compliance, the applicant shall be notified of the corrective actions necessary and shall have at least thirty (30) days to take such actions prior to initiation of enforcement proceedings. E.Recycled Water Rate. The rate charged for recycled water shall be established by Ordinance of the Board of Directors. F.Certified Recycled Water Site Supervisor Requirements. 1.Each Approved Recycled Water Use Site is required to have a Certified Recycled Water Site Supervisor. It is the responsibility of the recycled water use site owner or property designee to assure a Certified Recycled Water Site Supervisor is assigned to the recycled water use site. 2.Each approved recycled water use site shall maintain and report annually proof of Recycled Water Site Supervisor certification, a current address, and a 24-hour emergency contact phone number for the assigned Recycled Water Site Supervisor on a form approved by the Otay Water District. Failure to report the prescribed Recycled Water Site Supervisor information annually may result in discontinuation of recycled water service to the site. 3.Recycled Water Site Supervisors shall hold a valid and current certification from a Recycled Water Site Supervisor Certification Training Course recognized by the San Diego County Health Department and approved by Otay Water District. Evidence of said certification shall be available on site and upon request by the District. Certification 26-10 alone does not constitute District approval. Recertification of the Recycled Water Site Supervisor is required every five years. 4.The Recycled Water Site Supervisor shall be solely responsible for communications with the property owner or property designee for all on site recycled water issues. 5.Periodic inspection of the Approved Recycled Water Use Site may be made by the District to verify conformance with the approved Recycled Water Use Permit. If at any time the Otay Water District conducts an inspection of a recycled water use site and the Recycled Water Site Supervisor’s certification is expired or it has been determined that the recycled water use site has failed to meet the requirements of the permit, recycled water service to the site shall be discontinued until the recycled water site is brought back into compliance with the approved Recycled Water Use Permit. 6.The District reserves the right to recommend removal of a Recycled Water Site Supervisor if it has been determined upon inspection that the Recycled Water Site Supervisor’s actions have placed the public at risk through improper conduct, testing, repairs, unapproved modifications, and/or reporting with respect to an Approved Recycled Water Use Site. 26.06 REGULATION OF WASTE DISCHARGE TO SEWERAGE SYSTEMS A.Intent. The District recognizes that to maintain adequate wastewater quality for water reclamation treatment processes, and to protect public and private property, restrictions may be required on certain industrial, commercial and residential waste discharges to a sewerage system that is located within a designated tributary area of an existing or planned reclamation facility. B.Adopted Tributary Protection Measures. Waste dis- charges to the sewerage system from any indus- trial, commercial or residential source may be 26-11 restricted or prohibited upon a finding, following a noticed public hearing, that the type or class of discharge involved is capable of causing or may cause substantial damage or harm to any sewage treatment or reclamation facility or to any sig- nificant user or users or potential user or users of recycled water within an area which has been planned for recycled water service. Prohibitions for certain discharges and guidelines for accept- ability of wastes are set forth in District Code of Ordinances Sections 52.04, PROHIBITIONS AGAINST DISCHARGE OF OBJECTIONABLE WASTES, which prohibits discharge of certain items into the District sewer system, including, but not limited to, brine dis- charge from on-site self-regenerating water sof- tener units; 52.05, GUIDELINES TO DETERMINE ACCEPTABILITY OF WASTES; and 52.06, DISCHARGE OF INDUSTRIAL WASTE. 26.07 SANCTIONS. In addition to the remedies established under Division IV of this Code, the following sanctions and remedies apply to violations of the provisions of this Section. A.Public Nuisance. Discharge of wastes or the use of recycled water in any manner in violation of this ordinance or of any permit issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the General Manager. Any person creating such a public nui- sance is guilty of a misdemeanor. B.Injunction. Whenever a discharge of wastes or use of recycled water is in violation of this ordi- nance or otherwise causes or threatens to cause a public nuisance, the District may seek injunctive relief as may be appropriate to enjoin such discharge or use. C.Permit Suspension or Revocation. In addition to any other provision of this Code or state statute or rule authorizing termination of water service, the General Manager may suspend or revoke a permit issued hereunder if a violation of any provision of this ordinance or the Rules and Regulations for Recycled Water Use is found to exist or if a discharge of wastes or use of recycled water causes or threatens to cause a nuisance. If a permit is revoked, the General Manager may, at its discretion, issue the recycled water user a temporary recycled water permit for up to 120 days to allow service to continue while corrective measures are completed. 26-12 D.Penalty. Any owner and/or operator who violates this ordinance shall, for each day of violation, or portion thereof, be subject to an administrative fine as described in Section 72.05. 26.08 VALIDITY If any provision of this Section 26 or the application thereof to any person or circumstance is held invalid, the remainder of Section 26 and the application of such provi- sions to other persons or circumstances shall not be affected thereby.