(a)
The
people of the State of California have a primary interest in the development
of facilities to reclaim water containing waste to supplement existing
surface and underground water supplies and to assist in meeting the
future water requirements of the state (California Water Code Section
13510).
(b)
Conservation
of all available water resources requires the maximum reuse of wastewater
for beneficial uses of water (Water Code Section 461).
(c)
Continued
use of potable water for irrigation of greenbelt areas may be an unreasonable
use of such water where reclaimed water is available (Water Code Section
13550).
(d)
The
state policies described above are in the best interest of the City
of Escondido. 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 reclaimed 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
reclaimed water is available. Certain discharges to a wastewater collection
system may also constitute a nuisance when production of reclaimed
water is unduly impaired. Reclaimed water should be more readily available
in seasons of drought when the supply of potable water for nonessential
uses may be uncertain.
(Ord. No. 91-3, § 1, 3-20-91)
It is the policy of the city that reclaimed water shall be used
within the jurisdiction wherever its use is economically justified,
financially and technically feasible, and consistent with legal requirements,
preservation of public health, safety and welfare, and the environment.
(Ord. No. 91-3, § 2, 3-20-91)
The following terms are defined for purposes of this article:
Agricultural purposes include the growing of field and nursery
crops, row crops, trees, and vines and the feeding of fowl and livestock.
A human-made lake, pond, lagoon, or other body of water
that is used wholly or partly for landscape, scenic or noncontact
recreational purposes.
A saline solution of water.
Any building for office or commercial uses with water requirements
which include, but are not limited to, landscape irrigation, toilets,
urinals and decorative fountains.
Any project undertaken for the purpose of development. "Development
project" includes a project involving the issuance of a permit for
construction or reconstruction but not a permit to operate. "Development
project" does not include any ministerial projects proposed to be
carried out or approved by public agencies.
An area primarily devoted to non-agricultural open space.
Greenbelt Areas include, but are not limited to, golf courses, cemeteries,
parks and landscaping.
Water used by any industrial facility with process water
requirements which include, but are not limited to, rinsing, washing,
cooling and circulation, or construction, including any facility regulated
by the industrial waste discharge ordinance of the city.
Water facilities from the source of supply to the point of
connection with the on-site facilities, including the water meter.
Water facilities under the control of the owner, downstream
from the water meter.
Water which conforms to the federal, state, and local standards
for human consumption.
Reclaimed water means water which, as a result of treatment
of wastewater, is suitable for a direct beneficial use or controlled
use that would not otherwise occur. (See Water Code section 13050[n]).
A piping system intended for the delivery of reclaimed water
only and which is separate from any potable water distribution system.
Water discharge means water deposited, released or discharged
into a sewer system from any commercial, industrial or residential
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.
(Ord. No. 91-3, § 3, 3-20-91; Ord. No. 2008-33, § 2, 12-10-08)
(a)
General. The
sewage flows of the city are collected and treated at the Hale Avenue
treatment plant. The city has determined that the secondary wastewater
treatment operations at the Hale Avenue plant will be upgraded to
include tertiary treatment that is necessary for water reclamation.
All the flows going to the plant, therefore, are designated as tributaries
to a water reclamation facility (the Hale Avenue service area). The
city has prepared and adopted a preliminary wastewater master plan
which addresses reclamation as a water supply option within the city
and on a regional basis. This information developed for the evaluation
of reclamation potential (Section 5 of the wastewater master plan)
identifies potential reclaimed water users throughout the city and
is the basis for determining the city as a reclaimed water service
area. Further, this information shall be used to determine the quality
of water to be reclaimed, reclamation plants and facilities and designate
tributary protection measures.
(b)
Mandatory
reclaimed water use. All city water users will be evaluated as to
whether existing or proposed greenbelt irrigation, agricultural irrigation,
commercial office buildings, filling of artificial lakes, or industrial
processes shall be limited to the use of reclaimed water. As appropriate,
the city will mandate construction of reclaimed water distribution
systems or other facilities in new and existing developments for current
or future reclaimed water use as a condition of any development approval
or continued water service if future reclamation facilities could
adequately serve the development, in accordance with the procedures
described in section 31-254. The city will identify resources and
adopt measures to assist water users in the financing of necessary
conversions.
(c)
Rules
and regulations. The city shall establish general rules and regulations
governing the use and distribution of reclaimed water.
(d)
Public
awareness program. The city will establish a comprehensive water reclamation
public awareness program.
(e)
Coordination
among agencies. The city shall examine the potential for initiating
a coordinated effort between the city and other regional agencies
to share in the production and utilization of reclaimed water.
(Ord. No. 91-3, § 4, 3-20-91)
(a)
Existing
potable water service.
(1)
Preliminary determination. The city shall make preliminary determinations
as to which existing potable water customers shall be converted to
the use of reclaimed water. Each water customer shall be notified
of the basis for a determination that conversion to reclaimed water
service will be required, as well as the proposed conditions and schedule
for conversion.
(2)
Notice. The notice of the preliminary determination, including the
proposed conditions and time schedule for compliance, and a reclaimed
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 city 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. 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. The utilities
manager shall review the objection and shall confirm, modify or abandon
the preliminary determination. Upon issuance of a final determination
by staff, customer may appeal the determination to the director of
public works.
(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, subdivision
map, land use permit, or other development project as defined by Government
Code section 65928 or for new or altered water service, the city staff
shall make a preliminary determination whether the current or proposed
use of the subject property is required to be served with reclaimed
water or to include facilities designed to accommodate the use of
reclaimed water in the future. Based upon such determination, use
of reclaimed water and provision of reclaimed water distribution systems
or other facilities for the use of reclaimed water, and application
for a permit for such use may be required as a condition of approval
of any such application, in addition to any other conditions of approval
or 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 city
staff make a preliminary determination whether the subject property
shall be required to be served with reclaimed water or to include
facilities designed to accommodate the use of reclaimed water in the
future. Based upon such determination, use of reclaimed water and
provision of reclaimed water distribution systems or other facilities
for the use of reclaimed water, and application for a permit for such
use, may be required as a condition of approval for 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 development
application, or application for water service.
(4)
Requested service. On a case-by-case basis, upon application for
a permit to use reclaimed water on a property not covered by subsections
(a)(1), (b)(1), or (b)(2) above, the city make a determination whether
the subject property shall be served with reclaimed water. Based upon
such determination, the application for the permit shall be accepted
and processed subject to subsection (c).
(c)
Reclaimed
water permit process. Upon a final determination by the city that
a property shall be served with reclaimed water, or adoption of a
condition of development approval, or water service requiring use
or accommodation of the use of reclaimed water, the water customer,
owner or applicant shall obtain a reclaimed 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 31-253(b) and shall require compliance with both the California Department of Health Services Wastewater Reclamation Criteria (see California Code of Administrative Regulations, Title 22), and requirements of the Regional Water Quality Control Board.
(2)
Plan approval. Plans for the reclaimed and nonreclaimed water distribution
systems for the parcel shall be reviewed by the city and a field inspection
conducted before the permit is granted.
(3)
Permit issuance. Upon approval of plans the permit shall be issued.
Reclaimed water shall not be supplied to a property until inspection
by the city determines that the applicant is in compliance with the
permit conditions.
(d)
Temporary
use of potable water. At the discretion of the city, potable water
may be made available on a temporary basis, until reclaimed water
is available. Before the applicant receives temporary potable water,
a water reclamation permit, as described in section 31-254(c), must
be obtained for new on-site distribution facilities. Prior to commencement
of reclaimed 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 reclaimed water permit and current
requirements for service. Upon verification of compliance, reclaimed
water shall be served to the parcel for the intended use. If the facilities
are not in compliance, the applicant shall be notified of the corrective
actions necessary and shall have at least 30 days to take such actions
prior to initiation of enforcement proceedings.
(e)
Reclaimed
water rate. The rate charged for reclaimed water shall be established
by resolution of the city.
(Ord. No. 91-3, § 5, 3-20-91)
(a)
Intent.
The city recognizes that to maintain adequate wastewater quality for
water reclamation treatment processes, and to protect public and private
property, increased inflow protection of the collection system and
additional restrictions may be required on certain industrial, commercial
and residential waste discharges to the city's sewerage system.
(b)
Adopted
tributary protection measures. Waste discharges to the sewerage system
from any industrial, commercial, or residential source may be 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 significant user or users or potential
user or users of reclaimed water within an area which has been planned
for reclaimed water service.
(c)
Infiltration/inflow
protection. The infiltration of highly saline groundwater can contribute
to the degradation of wastewater quality within the sewer systems.
The city has undertaken an active program of rehabilitating
and replacing degraded sewers that permit groundwater to flow into
the system along with an active inspection program monitoring the
condition of the collection system and checking for any inflow from
storm runoff or illegal discharges directly into the system.
(d)
Industrial
and commercial waste discharge regulation. To provide the maximum
possible beneficial public use of wastewater systems, the city currently
requires industries to obtain a wastewater discharge permit. The permit
sets limitations on the quantity and quality of wastewater that can
be discharged to the system. These permits are required to prevent
damage to the sewer collection systems and wastewater treatment processes,
to meet quality requirements set by governmental regulatory agencies
and preclude any detrimental effects on the local environment. With
the adoption of this article, the city will review existing industrial
waste discharge regulations and revise them to be consistent with
the needs of the water reclamation program.
(Ord. No. 91-3, § 6, 3-20-91; Ord. No. 2008-33, § 3, 12-10-08)
(a)
Public
nuisance. Discharge of wastes or the use of reclaimed water in any
manner in violation of this article or of any permit issued hereunder
is hereby declared a public nuisance and may be abated by the city
in any manner permitted by law, including the use of injunctive relief.
(b)
Permit
revocation. In addition to any other statute or rule authorizing termination
of water service, the city may revoke a permit issued hereunder if
a violation of any provision of this article exists.
(c)
Criminal
penalty. (1) Any violation of this article shall be a misdemeanor
and shall be punishable by a fine not exceeding $1,000 or imprisonment
not exceeding six months, or both such fine and imprisonment. (2)
Each day during any portion of which any violation of any provision
of this article is committed, continued, or permitted shall be a separate
offense.
(d)
Discontinuation
of water service; civil penalties. In addition to any other penalties
provided by this article, a violation of this article may result in:
(1) discontinuance of water service to the property where the violation
occurs; and (2) imposition of civil penalties as provided by section
1-20 and the Escondido Municipal Code.
(Ord. No. 91-3, § 7, 3-20-91)
If any provision of this article or the application thereof
to any person or circumstance is held invalid, the remainder of the
article and the application of such provisions to other persons or
circumstances shall not be affected thereby.
(Ord. No. 91-3, § 8, 3-20-91)
If any section, subsection, sentence, clause, phrase or portion
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
(Ord. No. 91-3, § 9, 3-20-91)
