This chapter sets forth requirements, in addition to those in Chapter
14.04 Regulation of Water System and Water Service Fees, for the use of recycled water supplied by the city's recycled water distribution system. The purpose of this chapter is to promote the use of recycled water and maintain conformance to regulatory requirements.
This chapter shall govern all use of recycled water supplied
by the city and shall apply to all customers thereof. This chapter
provides for monitoring, compliance, and enforcement activities resulting
from the use of the city's recycled water system.
(Ord. 2115 § 1, 2015)
Water supplied from the city's recycled water system is
subject to the following provisions:
A. Approval from the city engineer (new service connection) or operation services director (existing development) for recycled water service in accordance with Chapter
14.20, Recycled Water Use for Landscape Irrigation, is required in order to initiate recycled water service for the first time to a particular irrigation meter, and the potential recycled water customer shall obtain such approval before installing any recycled water facilities.
1. Such
review and approval may include the requirement that a customer is
required to install and maintain, at customer's sole expense,
a pump or other pressure-adjusting device and such other facilities
sufficient to maintain pressure within an acceptable pressure range
at each intended point of use. The city may require evidence of such
installation.
B. The
city may suspend service if, for any reason, recycled water produced
and purchased from Dublin San Ramon Services District or city of Livermore
does not meet tertiary treated recycled water quality in conformance
with Title 22, Division 4 of the
California Code of Regulations, as
amended, or if, in the opinion of the operation services director,
the use of recycled water is not compatible with the quality of the
recycled water delivered to the customer.
(Ord. 2115 § 1, 2015)
Customers shall obtain and maintain in effect a recycled water
use permit. Customers shall comply with all permitting, tracking,
record keeping, monitoring, and inspection procedures that may be
established by the city from time to time for such permit holders.
The recycled water use permit grants the customer permission to use
recycled water in conformance with city recycled water standards,
guidelines, codes, ordinances, and policies, including any special
site-specific requirements that may be identified.
(Ord. 2115 § 1, 2015)
Customers shall comply with all of the provisions of Chapters
14.06 and
14.20 relative to the use of recycled water during the entire time that recycled water is delivered to the customer. In addition, customers shall comply with all applicable provisions contained in the city's
Recycled Water Use Guidelines and
Recycled Water Standards and Specifications, permit conditions,
and other laws, regulations, agreements, orders, guidelines, and/or
standards, any amending or superseding requirements thereof. The customer
shall bear all costs incurred to remedy the noncompliance with any
such provisions, and shall pay any monetary penalties or fines imposed
for the violation of or noncompliance with such provisions. The omissions
or acts by the city shall not relieve the customer of responsibility
to comply with the provisions of this section. Without limiting the
generality of the foregoing, customers shall comply with the following
requirements:
A. Customer-Owned
Facilities. Customers shall design and construct customer-owned recycled
water facilities in accordance with city-approved standards. Customers
shall maintain such facilities in good working order as to achieve
compliance with all city requirements applicable to use of recycled
water. Any proposed changes to the customer-owned recycled water facilities
shall be submitted for approval by the city in advance of making such
modifications.
B. Use
of Recycled Water. Customers shall be responsible for application
of recycled water on their use areas and the associated operations
and maintenance of the customer-owned facilities as approved in their
site permit. Use of recycled water beyond the areas and uses in the
approved permit requires a permit modification application to be submitted
to the city, payment of applicable fee, and written city approval.
C. Disclosure.
Customers and/or city certified trained personnel (also referred to
as the designated site supervisor) shall be responsible for informing
persons to whom they have delegated responsibility for applying recycled
water of the requirements of the city. Customers shall provide employee
training to those employees who may be exposed to recycled water to
assure proper operation of recycled water facilities and worker protection.
Customers shall assure that all above-ground equipment, including
pumps, piping, storage reservoirs, valves, etc., which may at any
time contain recycled water, shall be adequately and clearly identified
with appropriate warning signs and shall make necessary provisions
to inform the public that recycled water, which is unfit for human
consumption, is being used.
D. Monitoring.
Customers shall regularly monitor customer-owned facilities and submit
accurate monitoring reports to the city on a timely basis in accordance
with the reporting requirements outlined in the recycled water use
permit issued by the city to the customer. The customer shall notify
the city immediately if any unauthorized use or discharge of recycled
water occurs, or if other conditions occur, which impact or threaten
to impact the public health.
E. Access to Customer Site and Annual On-Site Meeting. All recycled water customers shall permit the officers, employees, and agents of the city, the Regional Water Quality Control Board (RWQCB), the Division of Drinking Water, Alameda County, and other entities with jurisdiction over recycled water or public health, access to the site where recycled water supplied by the city is used, or where records relative to recycled water use are kept, for the purposes of: (1) inspection, testing, and repair of facilities, equipment, practices or operations regulated pursuant to the city's general water reuse requirements, and other laws; and (2) sampling or monitoring to assure compliance with the general water reuse requirements and other laws. In addition, customers shall supply access to, or copies of, records relative to recycled water use to representatives of the above-named entities upon request. Customer's certified trained personnel, as provided in subsection
G, shall meet once per year with a city-representative for on-site inspection and testing of customer facilities, review of records, and other purposes as described in this subsection.
F. Operation
and Maintenance by Qualified Persons. Recycled water facilities may
be operated only by natural persons who hold a current certificate
issued by the city establishing satisfactory completion of the most
recent recycled water use training course offered by the city. Failure
to have a current certificate shall disqualify a person from operating
or maintaining customer-owned recycled water facilities within the
city. Failure to employ or retain a natural person who holds a current
certificate shall be grounds for immediate termination of recycled
water service by the city.
G. Periodic
Training. Each natural person who operates or maintains customer-owned
recycled water facilities for one or more recycled water customers
shall attend periodic recycled water use training courses offered
by the city. At the end of each such course, the city shall issue
a certificate to each such person who satisfactorily completes the
course. Such certificate shall provide that, in the absence of violations
of the provisions of this chapter, it shall be effective until the
commencement of the next training course or until the rules, regulations,
permits or orders applicable to recycled water use within the city
are changed, whichever is later. Such certificates are not transferable
in any manner between persons. However, a certified trained person
may assume responsibility for additional customer site(s) upon execution
and delivery to the city of an acknowledgement of responsibility for
such new site(s).
H. Compliance
with Emergency Cross-Connection Response Plan. In the event of a cross-connection,
customers shall immediately comply with the emergency cross-connection
response plan established by the city as amended from time to time.
I. Penalties
for Noncompliance. Any customer who fails to timely submit accurate
monitoring reports to the city in accordance with its recycled water
use permit, schedule and have certified trained personnel attend an
annual on-site monitoring meeting with a city representative, or otherwise
fails to comply with the city's
Recycled Water Use Guidelines and
Recycled Water Standards and Specifications, or who uses water or discharges wastewater in any manner which is contrary to the laws, regulations, agreements, permits, orders, guidelines, and/or standards relative to the use of water is subject to citation pursuant to Chapter
1.24, as well as other remedies in law or equity.
(Ord. 2115 § 1, 2015; Ord. 2179 § 2, 2018)
Notwithstanding compliance by a customer with these rules and
regulations, the city reserves the right and has the authority to
terminate recycled water service immediately, without notice, in the
interest of protecting a threat to the public health if at any time
during construction or operation of the recycled water system, real
or potential hazards are evidenced, such as cross-connections with
the potable system, failure to conform to monitoring and reporting
requirements, improper tagging, signing, or marking, improper construction,
or unapproved/prohibited uses.
(Ord. 2115 § 1, 2015)