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;
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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
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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
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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-
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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
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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-
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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.
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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
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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
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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
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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.
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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.