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)