It is the policy of the city of Lathrop that recycled water determined to be available pursuant to Section 13550 of the Water Code, as may be amended from time to time, shall be used for nonpotable uses within the designated recycled water use areas set forth within the city's jurisdiction.
(Ord. 04-241 §1; Ord. 18-391 § 1)
"Agricultural purposes"
include the growing of field and nursery crops, row crops, trees, and vines; and the feeding of fowl and livestock.
"Artificial lake"
means a human-made lake, pond, lagoon, or other body of water that is used wholly or partly for landscape, scenic, or non-contact recreational purposes.
"City"
means the city of Lathrop.
"Commercial landscape irrigation"
means any building for office or commercial uses with water requirements which include, but are not limited to, landscape irrigation and decorative fountains.
"Construction water"
means water used for dust control during construction.
"Consumer"
means any person/entity who uses recycled water supplied by the city.
"Council"
means the city council of the city of Lathrop.
"Cross-connection"
means any physical connection between any part of a water system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved for human consumption. This includes direct piping between the two systems, regardless of the presence of valves, backflow prevention devices, or other appurtenances.
"CVRWQCB"
shall mean Central Valley Regional Water Quality Control Board.
"DDW"
shall mean California State Water Resources Control Board Division of Drinking Water.
"Governmental agency"
means an agency which exercises authority and performs functions of a political unit responsible for the direction and supervision of public business and affairs.
"Greenbelt areas"
means an area including, but not limited to, golf courses, cemeteries, parks, open space and landscaping.
"Industrial process water"
is 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.
"On-site recycled water supervisor"
means the designated party operating recycled water facilities on behalf of the owner.
"Owner"
means that person or entity identified by the tax rolls of the county as the holder of the legal title to the property.
"Potable water"
shall mean water which conforms to the federal, state and local standards for human consumption.
"Professional"
means following a profession for gain or livelihood.
"Public works director"
means the city engineer, or the city official, or his or her duly authorized agent, responsible for the implementation of this chapter, including, but not limited to, the duly appointed manager of the city recycled water system.
"Recycled water"
shall mean 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).) Recycled water shall be treated and disinfected by the city to comply with tertiary treated recycled water requirements established by the State of California Code of Regulations, Title 22, Division 4, Chapter 3.
"Recycled water distribution and dual plumbed system"
means a piping system intended for the delivery of recycled water only and which is separate from any potable water distribution system.
"Residential irrigation"
means residential or multifamily front or backyard irrigation dual plumbed within the development area.
"Rules and regulations"
means the city of Lathrop rules and regulations for use of recycled water as approved by the CVRWQCB. The rules and regulations may be amended from time to time.
"Service area"
means the city of Lathrop utilities service area.
"User agreement"
means an agreement issued to the user by the city as required by State DDW and the CVRWQCB that defines the conditions of recycled water service and permits the use of recycled water by the user.
"Utility bill"
means the monthly statement issued by the city which reflects the costs of services rendered on behalf of customers during the preceding 30 day period.
"Waste discharge"
means water deposited, released, or discharged into a sewer system from any commercial, industrial, or residential source which contains levels of any substance which may cause substantial harm to any water treatment or reclamation facility or which may prevent any use of reclaimed water authorized by law, provided levels exceed those found in water delivered to the source of the waste discharge by the city of Lathrop.
"WDR"
means the waste discharge requirements and master recycling permit issued to the city from the CVRWQCB.
(Ord. 04-241 § 1; Ord. 18-391 § 1; Ord. 25-476, 12/8/2025)
The city shall periodically update the Recycled Water Master Plan (RWMP) and reevaluate the poten-tial for recycled water use within the service area. The RWMP generally designates those areas within which recycled water service has been determined to be reasonably available.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
At the discretion of the city, potable water or another appropriate source of non-potable water may be used to supplement the recycled water distribution system when sufficient recycled water sources are not available. All off-site and on-site distribution facilities shall be constructed and inspected to be suitable for recycled water use regardless of the type of water provided to the distribution system.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
A. 
State Regulations. The use of recycled water is strictly controlled by DDW and the CVRWQCB. The documents governing the city recycled water system are Title 17 and Title 22, California Code of Regulations, and the WDR issued to the city by the CVRWQCB.
B. 
Authorized Uses of Recycled Water. In the city service areas, uses of recycled water may include, but are not limited to, agricultural irrigation, commercial landscape irrigation, residential landscape irrigation, and greenbelt irrigation.
C. 
Recycled Water User Agreement and Application Fee. All sites using recycled water are required to have a recycled water user agreement which describes the use, method of supervision, specific requirements, and other pertinent information. Per the city's current WDR issued by the CVRWQCB, the recycled water user agreement must be executed at least 60 days prior to the start of recycled water service. For more information regarding the recycled water user agreement, refer to the recycled water user guide provided by the city. The recycled water user agreement application fee shall be established from time to time by the city council by resolution.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
The management, control, and care of the recycled water system of the city shall be vested in the public works director.
A. 
City Operated Facilities. Operation of all city owned facilities, including pipelines, reservoirs, pumping stations, valves, connections, treatment facilities, other appurtenances, and property up to and including the city's meter, shall be under the exclusive management and control of the city or its authorized representatives.
B. 
On-Site Customer Owned Facilities. The operation and surveillance of on-site facilities are the responsibility of the on-site supervisor designated by the owner. On-site facilities shall be provided by the applicant, owner, or customer at their sole expense. The applicant, owner, or customer shall retain ownership of all such facilities. On-site facilities shall conform to the city's recycled water system standards and applicable city rules and regulations. Plans shall be prepared and submitted to the city for approval prior to commencing construction. Prior to commencement of service, the system shall be inspected and approved in accordance with the city's standards and recycled water user agreement.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
A. 
Water from the recycled water system shall be delivered to the consumers thereof both inside and outside the corporate limits of the city in accordance with the terms of this chapter. The consumers will furnish the capital costs to establish the lateral connection to the city's main water recycled line. The consumers shall furnish and install all piping on the owner's premises, including a shut-off valve, to the city's connection. In case of metered services, it must be a type approved by the public works director, and include a meter box and steel cover, and must be installed and paid for by the owner/consumer. A valve must be installed on the outlet side of all meters. Such meters must be maintained by the owner/consumer, at his or her cost, to assure proper working conditions. Accuracy is subject to review by the city. All piping, meters, and valves must conform to the city's design and construction standards. Metered connections to public agencies shall be governed by a recycled water user agreement, which may deviate from the city's design and construction standards at the discretion of the public works director, but at all times such connections shall meet the minimum standards prescribed by the state of California's Title 17 and 22 of its Code of Regulations.
B. 
The connection fees and schedule of recycled water rates adopted by the city will be charged against all installed meters unless a written request for discontinuance of service is made by the owner of the premises to the public works director.
C. 
Access by the city to service connections of recycled water meters must be provided at all times. A city inspector or other authorized employee of the city shall be admitted at all reasonable hours to all parts of any premises supplied with recycled water, except to the interior of the dwellings, but including the meter box, to see that the regulations contained in this chapter are observed.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
Any public recycled water mains or recycled water lines owned by a public agency other than the city shall obtain appropriate approvals from the city for its facilities when they are located within city right-of-way and their use governed by a recycled water user agreement.
(Ord. 18-391 § 1)
Cross-connections between potable water facilities and recycled water facilities are prohibited. If potable facilities are present in the same property as recycled water facilities, cross-connection testing must occur prior to operation of the recycled water system and must be conducted by an AWWA cross-connection control specialist.
(Ord. 18-391 § 1)
It is unlawful for any person to:
A. 
Contaminate the city's water supply either by cross-connection or by any other means.
B. 
Make a connection to the city's recycled water system where a potable well or some other outside water source used for drinking purposes is present. Connection of the city's recycled water system to a multiuse nonpotable irrigation system owned and operated by another public agency shall be governed by a recycled water user agreement between the city and the public agency.
C. 
Waste recycled water, use recycled water to excess or allow recycled water to flow to waters of the United States without the issuance of a NPDES permit. All recycled water use must comply with the state of California Title 22 requirements for recycled water use.
D. 
Supply recycled water in any way for use outside other premises to which the service is assigned, except by special consent of the public works director.
E. 
Supply recycled water for resale, in any way, for use outside the premises to which the service is assigned except by permission of the public works director.
F. 
Fail to keep and maintain their service pipes and connections in good repair.
G. 
Interfere with the city's service lines, valves or meters to construct a bypass around a meter or service.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
The public works director is empowered to make interpretations of this title regarding the necessity, type, manner or method in which materials or meters shall be installed. Interpretations may be appealed by the owner/consumer to the council. Interpretations and appeals shall be in writing and a copy thereof filed in the city's office.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
Recycled water from the city water system may be delivered to consumers outside the boundaries of the city herein provided. No recycled water service extension shall be made outside the corporate limits except by written agreement between the city and the owner/consumer and with approval from the CVRWQCB and shall be in compliance with all county zoning ordinances. If pursuant to such an agreement to deliver recycled water outside the corporate limits of the city, the city installs such recycled water service extension, all costs of installation, plus 20% shall be charged to the owner/consumer. If the owner/consumer plans private installation, the size, type and quality of materials and location of mains shall comply with the city's design and construction standards, and the plans shall, prior to commencement of installation, have been approved by the public works director. The installation construction shall be performed by a licensed contractor, approved by the public works director.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
A. 
When it has been determined that work within and without the city shall be contracted out, or put out to bid, the contractor and/or subcontractor shall conform to the specifications in the city's design and construction standards, including, but not limited to, statements of work; period of performance; site inspection; excavation and backfill; base material; forms; reinforcement and concrete; curing; plans; specifications; profiles and modifications; and performance and acceptance. Any contractor and/or subcontractor shall comply with all state and county laws, ordinances, rules, and regulations pertaining to the cutting of pavement, backfilling and repaving thereof and shall obtain permits and pay all fees required by the department having jurisdiction prior to the issuance of consent to proceed by the public works director.
B. 
Prior to accepting any work, and prior to the use thereof, the work shall be tested and shall complete in full compliance with all requirements of the city's standard specifications and to the satisfaction of the public works director.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
This chapter is not intended to and shall not be construed or given effect in a manner that imposes upon the city within or without the city any duty of care so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
A. 
Service Connection Fees. Service connection fees shall be established from time to time by the city council by resolution as authorized by this chapter. Such fees shall be paid by the individual owner/consumer for all new service connections prior to the time of connection and for any change in type or size prior to the time of change. Authorization and the basis of payment (if applicable) to service connections to another public agency shall be in accordance with the specific recycled water user agreement between the city and the other public agency.
B. 
Advance Deposit. Prior to the installation of a new individual service connection, or any change in type or size, or change in the use of the premises, the owner/consumer shall deposit with the city a sum equal to the applicable charge set forth in the council's resolution advance deposit against the cost of installation. Upon completion of the installation, the city shall determine its cost of installation and shall refund that portion of the advance deposit which exceeds the cost, or bill the owner/consumer for any cost in excess of the advance deposit.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
The cost for modifying or adding facilities to convert the customer's on-site nonpotable water system to receive recycled water shall be borne entirely by the customer or applicant. Customer is required to comply with the city's rules and regulations for recycled water use in accordance with Title 17 and Title 22 of the California Code of Regulations and California Water Code, the city's recycled water user guide, and the city's design and construction standards where applicable.
(Ord. 18-391 § 1)
All owners/consumers shall pay the rates specified in the city's schedule of recycled water rates for services inside and outside of the city's corporate limits. In the event that recycled water rates have not yet been established, owners/consumers shall pay fees as established in an agreement between the city and that owner/consumer.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
All recycled water delivered through meters and single service connections shall be charged monthly in accordance with the schedule of recycled water rates as amended and approved by the city council. In the event that recycled water rates have not yet been established, owners/consumers shall pay fees as established in an agreement between the city and that owner/consumer. Further, notwithstanding any other provision of this chapter, any charges relating to the use of recycled water between the city and another public agency shall be governed by the recycled water user agreement between the city and the public agency.
A. 
If a meter shall be found out of order, the monthly charge for water shall be determined by the public works director based upon previous water consumption records.
B. 
If an owner/consumer has more than one meter, a separate minimum charge will be made for each meter as well as the amount of recycled water registered for each meter.
C. 
Compound meters shall not be constructed to be a single meter. The public works director will determine the minimum charge rate for compound meters on a case-by-case basis.
D. 
The rate for any owner/consumer using temporary meters for any purpose, which are installed for less than one month, shall be charged according to the schedule of recycled water rates, plus the cost of installation. When a meter is not installed, the rate shall be determined by the public works director.
E. 
A schedule of recycled water rates billing shall be furnished to each customer at the beginning of each fiscal year. Any charges for recycled water on the utility bill, as defined in Section 13.09.020 of this chapter, shall be due and payable upon presentation. If such charges are not paid by the last day of the month in which they are billed, the late charges set forth in Section 13.20.050 of this title shall be added.
F. 
If a recycled water bill has not been paid by the nineteenth day following its mailing, the service shall be subject to disconnect. The procedure specified in Public Utilities Code Section 10010.1 shall be followed when service is disconnected. Personal checks will not be accepted for service subject to disconnect as a result of nonpayment. All unpaid charges, penalties, and fees shall be a lien upon the parcel of real property to which water service was provided.
G. 
At the direction of the finance director, small claims court proceedings may begin on all accounts which remain unpaid.
H. 
When an owner/consumer applies to the city to replace a meter with one of a smaller or larger size, the city shall make such change, upon payment to the city of fees.
I. 
Water service shall be billed monthly to the users of the recycled water system in accordance with current service charge plus recycled water usage charges. These charges are to be established from time to time by the city council by resolution as authorized by this chapter.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
Any recycled water service customer who considers an action taken by the public works director under the provisions of this chapter to have been erroneously taken may appeal such action and decision to the city council in the following manner:
A. 
All appeals shall be filed in writing with the clerk of the city and shall state the nature of the appeal or request and the basis upon which the decision of the public works director is considered to be in error.
B. 
Such appeals, to be effective, must be received by the clerk of the city not later than 10 business days following the date that the public works director has given notice of such action from which the appeal is being taken and be accompanied by a fee of $50. The fee of $50 will be refunded if the appeal is granted.
C. 
The city clerk shall schedule the appeal for consideration by the city council at the next regularly scheduled council meeting.
D. 
The decision of the city council on the appeals shall be final.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
The enforcing authority shall have the right, and is hereby authorized and empowered, to enter upon private property for the purpose of enforcing the provisions of this title or for other purposes consistent therewith. The enforcing authority shall be given prompt access upon oral notification to the responsible person and upon exhibiting suitable evidence of his or her identify and authority; provided, however, except in an emergency, a warrant issued pursuant to Part 3 of Title 13 of the Code of Civil Procedure of the state (Sections 1822.50 through 1822.57 inclusive), or its subsequent counterparts, shall first be secured when entry or access thereto is denied. Refusal to admit such members when a warrant is not required shall be a misdemeanor. Neither the enforcing authority nor the city shall be liable for any damage from any reasonable entry.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
The enforcing authority may enter upon private property without a warrant for the following purposes:
A. 
When he or she has the express permission of the owner or occupant of the premises;
B. 
When he or she has probable cause to believe there is immediate harm to the public and/or water is gushing; or
C. 
When he or she has probable cause to believe that there exists in any building or upon any premises or property any condition which may be in violation of this title.
(Ord. 04-241 § 1; Ord. 18-391 § 1)
A. 
Any person who shall violate any of the provisions of this title shall be guilty of a misdemeanor. A misdemeanor may be punished by a fine of not more than $1,000, or by imprisonment in the County Jail for no longer than six months, or by both such fine and imprisonment. Any person violating any section of this chapter shall be regarded as committing a separate offense on each day of such violation.
B. 
In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this title shall be deemed to be a public nuisance and shall be subject to the administrative procedures set for in Chapter 1.12.
(Ord. 04-241 § 1; Ord. 18-391 § 1)