Recycled water use is regulated by the California Regional Water Quality Control Board (RWQCB). In accordance with waste discharge requirements for water reclamation projects, the RWQCB requires control mechanisms to regulate facilities distributing recycled water. Article 2 of Chapter 7 of Division
7 of the California
Water Code establishes a state policy to encourage the use of recycled water. Permission to use recycled water is based on the ability of IEUA to adequately treat domestic wastewater to the point that the recycled water (effluent) meets the requirements of existing Title 22, Chapter 3 regulations of the
California Code of Regulations. These regulations were adopted to ensure proper health protection and specify the treatment degree to meet the needs of the intended applications.
(Ord. 1839 § 1, 2009)
The purpose of this chapter is to establish procedures, specifications,
and limitations for the safe and orderly development and operation
of recycled water facilities and systems within the city's service
area, and adopt rules and regulations controlling such use.
The objectives of this chapter include:
A. Achieve
conservation of potable water supplies by using recycled water for
current and future demands. Recycled water uses may include, but are
not limited to:
6. Landscape
and/or recreational impoundments,
8. Sanitary
uses (including flushing toilets and urinals).
B. Provide
regulations which prevent direct human consumption of recycled water
by establishing health and safety standards that include, but are
not limited to, imposing requirements that mandate:
1. Adherence
to all applicable rules and regulations,
2. Posting
of warning signs by the user, and
3. A
cross-connection/backflow prevention program.
C. Provide
regulations which control runoff of recycled water through monitoring
of the installation and operation of all recycled water facilities
and use areas.
D. Require
the regular monitoring of recycled water quality.
(Ord. 1839 § 1, 2009)
It is the policy of the city that recycled water shall be used
for any purposes approved for recycled water use, when it is economically,
technically, and institutionally feasible. Recycled water shall be
the primary source of supply for commercial and industrial uses, whenever
available and/or feasible.
(Ord. 1839 § 1, 2009)
Connection to the recycled water system shall be provided on a basis that best advances the policy specified in Section
13.22.030.
(Ord. 1839 § 1, 2009)
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, in addition to the definitions set forth in Title 22, Division
4, Chapter 3, Regulations of the
California Code of Regulations, shall have the meanings hereinafter designated.
"Administrator"
means the public works director of the city of Upland or
authorized designee.
"Agency"
means the Inland Empire Utilities Agency (IEUA).
"Air-gap separation"
means a physical break between a supply pipe and a receiving
vessel. The air gap shall be at least double the diameter of the supply
pipe, measured vertically from the flood rim of the receiving vessel
to the supply pipe; however, in no case shall this separation be less
than one inch.
"Applicant"
means any person, group, firm, partnership, corporation,
association, or agency that applies for recycled water service.
"Application rate"
means the rate at which irrigation water is applied to an
approved use area, expressed in gallons per minute.
"Approved use"
means an application of recycled water in a manner, and for
a purpose, designated in a recycled water use agreement in compliance
with applicable state and local rules, regulations and ordinances.
"Approved use area"
means a site with well-defined or readily identifiable boundaries
designated in a recycled water use agreement in compliance with applicable
rules and regulations.
"As-built drawings"
means the record drawings that show the completed facilities
as constructed or modified as approved and acceptable by the city.
"Automatic system"
means the electronically actuated controllers, valves, and
associated equipment used to program and operates irrigation systems
for the efficient application of recycled water.
"AWWA"
means the American Water Works Association.
"City"
means the city of Upland, California.
"Commercial/industrial use"
means the water used for toilets, urinals, decorative fountains,
decorative indoor and outdoor landscape, industrial process such as
rinsing, washing, cooling, flushing, circulation, or construction;
and other uses approved by the city.
"Commodity charge"
means a charge imposed by the city for all metered, recycled
water used.
"Cross-connection"
means any unapproved and/or unprotected, actual or potential,
connection between any part of a potable water system and any equipment,
source, or system containing water or other substances not approved
as safe and potable for human consumption.
"Direct beneficial use"
means the use of recycled water which has been transported
from the point of production to the point of use, without an intervening
discharge to waters of the state.
"Discharge"
means any release or distribution of recycled water to a
use area or disposal site/mechanism. Such discharges are subject to
approval by the city.
"DPH"
means the California State Department of Public Health or
its successor.
"Double check valve assembly"
means a double check valve (DC) that, as a minimum, conforms
to the AWWA Standard C506-78 (R83), adopted January 28, 1978, and
its latest revised standard (presently the AWWA Standard C510-07,
published June 24, 2007) for double check valve backflow prevention
assembly, which is herein incorporated by reference or any administrator
approved alternate.
"Greenbelt areas"
means those areas including, but not limited to, parkways,
parks, rights-of-way, and landscaping within and/or surrounding a
parcel or series of parcels.
"HCF"
means a unit of measure equaling 100 cubic feet or 748 gallons.
"Infiltration rate"
means the rate at which water penetrates the soil surface
and enters the soil.
"Interim service"
shall apply to areas where recycled water is not immediately
available when the use area is ready for construction, and if the
city has determined that recycled water will be supplied in the future,
on-site facilities shall be designed to use recycled water. In the
interim, potable or other suitable water may be supplied to the on-site
facilities through an interim service connection.
"Landscape impoundment"
means a body of water containing recycled water, which is
used for aesthetic or irrigation purposes and which is not intended
for public contact or ingestion.
"Landscape irrigation/use"
means recycled water used for the propagation and maintenance
of trees, shrubs, ground cover and turf used for erosion control and
aesthetic value, not for resale/profit purposes.
"Nonpotable water"
means water that has not been treated for, or is not acceptable
for human consumption, in conformance with federal, state and city
administered water standards. Nonpotable water includes recycled water.
"Off-site facilities"
means all existing or proposed facilities under the control
of the IEUA or the city, from the source of supply to the point of
connection with the customer's on-site facilities, up to and including
the city's recycled water meter and meter box.
"On-site facilities"
means all existing or proposed facilities within property
under the control of the customer, normally downstream of the city's
recycled water meter and meter box.
"On-site recycled water supervisor"
means a qualified person designated by a recycled water user
and approved by the city to be responsible for the safe and efficient
operation of the user's recycled water system. This person shall be
knowledgeable in the operation of the recycled water system and in
the application of federal, state and city guidelines, criteria, standards,
and rules and regulations governing the use of recycled water.
"Open space"
means land that has been designated to remain undeveloped
or developed in a manner authorized by city zoning standards for such
use or uses. These areas may receive recycled water service for agricultural
or landscape irrigation, or other approved uses.
"POC"
means point of connection at the recycled water service meter.
"Ponding"
means the retention of recycled water on the ground surface
or human-made surface for a period of time following the cessation
of an approved recycled water use activity, such that potential hazard
to the public health may result, as determined by regulatory agencies.
"Potable water"
means water which conforms to the federal, state and local
drinking water standards adopted, enforced or administered by the
city.
"PSI"
means pounds per square inch.
"Recycled water"
means water, as a result of treatment of wastewater, is suitable
for direct beneficial use or a controlled use that otherwise would
not occur. The treatment of wastewater is accomplished pursuant to
and in accordance with the criteria set forth in Title 22, Division
4 of the
California Code of Regulations or its successor.
"Recycled water facilities"
means the systems, structures, and the like, used in the
treatment, storage, pumping, transmission and distribution of recycled
water.
"Recycled water use agreement"
means an agreement between the user and the city to use recycled
water in compliance with all applicable rules and regulations. Such
agreement shall be subject to approved by the city manager, administrator
and city attorney.
"Recreational impoundment"
means a body of recycled water used for recreational activities
including, but not limited to, fishing, boating, and/or swimming.
Allowable uses will depend on treatment level of the recycled water.
"Reduced pressure principle backflow prevention device"
means a reduced pressure principle backflow prevention device
(RP) that, as a minimum, conforms to the AWWA Standard C506-78 (R83),
adopted January 28, 1978, and its latest revised standard (presently
the AWWA Standard C511-07, published June 24, 2007) for reduced-pressure
principle backflow prevention assembly, which is herein incorporated
by reference or any city approved alternate.
"Regulatory agency"
means any public entity legally constituted by federal, state,
county and/or city statutes with the authority to regulate and protect
health and water quality with jurisdiction within city.
"Runoff"
means the flow of water along natural or human-made surfaces
away from the designated use area.
"RWQCB"
means the California Regional Water Quality Control Board,
including the division therein with jurisdiction over city.
"Secondary effluent"
means any oxidized wastewater that has been treated by gravity
sedimentation to remove settled solids remaining after the primary
biological treatment process.
"Service"
means the delivery of recycled water to a user.
"Service connection"
means city facilities between the city recycled water distribution
system and the customer's meter, including, but not limited to, the
meter, meter box, valves, and piping equipment.
"Tertiary effluent"
shall mean any secondary effluent which has been filtered
and disinfected, and meets all applicable requirements under Title
22.
"Unauthorized discharge"
means any release of recycled water that violates any applicable
federal, state, county or city statutes, regulations, chapters, contracts
or other requirements.
"Use area"
means the specific area designated to be served with recycled
water through on-site recycled water facilities.
"User"
means any person, group, firm, partnership, corporation,
association or agency accepting recycled water from the city's recycled
water facilities for use in accordance with this chapter. "Applicant,"
"owner," or "customer" are defined terms that also mean as user.
"Windblown spray"
means any dispersed, airborne particles of recycled water
capable of being transmitted through the air to a location other than
that for which the direct application of recycled water is approved.
(Ord. 1839 § 1, 2009)
Except as otherwise provided in this chapter the administrator
shall administer, implement, and enforce the provisions of this chapter.
The administrator may, at his or her discretion, delegate any or all
of these powers and duties to his or her designee.
(Ord. 1839 § 1, 2009)
This chapter shall apply to all users of the city's potable
and recycled water system within the city and to users outside the
city's service area or boundary who, by permit, contract or agreement,
are or become users of the city's potable and recycled water system.
(Ord. 1839 § 1, 2009)
Uses of recycled water include only those uses approved by the
California State Department of Public Health (DPH) and for which Title
22 of the
California Code of Regulations provides treatment requirements.
Each such use will be considered for approval on case-by-case basis.
Prior to approval, the user must comply with the requirements established
by this chapter and any other requirements imposed by IEUA, DPH, or
any other regulatory agency that has jurisdiction over such use.
(Ord. 1839 § 1, 2009)
Other guidelines, rules and regulations, ordinances and specifications
that may be used or applied by the administrator to govern the use
of recycled water within the city include, but not limited to:
A. Regulations pertaining backflow prevention, billing, deposits, penalties, delinquencies, and metering for potable water as established in Chapters
13.04,
13.08, and
13.12 of the Upland Municipal Code;
B. IEUA
Regional Recycled Water Distribution System Ordinance;
D. Regulations
Relating to Cross-Connections (Title 17 of the California Code of
Regulations);
E. Standards
and specifications governing the installation of recycled water line
and use of recycled water, adopted or used by the city or administrator.
(Ord. 1839 § 1, 2009)
Application for a recycled water connection must be made on
form(s) provided by the city. The general steps for obtaining recycled
water service are as follows:
A. Applicant
completes and submits a recycled water service application to the
city, including existing facility as-built drawings or proposed facility
plans as appropriate, description of where and how recycled water
use is proposed, and any other information pertinent to the use of
recycled water;
B. Applicant
shall submit an engineering report prepared by a licensed engineer,
registered in California and experienced in the field of wastewater
treatment, describing proposed/requested recycled water use(s), to
DHS for approval. Applicant may request the city to request IEUA to
prepare the engineering report, provided that the applicant pays all
costs associated with its preparation. The engineering report shall
contain:
1. Description
of the design of the proposed reclamation system,
2. Means
for compliance with regulations governing the use of recycled water
and any other features required by regulatory agencies governing the
use and/or distribution of recycled water, and
3. Contingency
plan which will assure that no untreated or inadequately treated wastewater
will be delivered to the intended use area;
C. Applicant
will address any concerns that the DPH may have regarding the engineering
report and revise it accordingly; Applicant may request IEUA, through
the city, for assistance in addressing DPH concerns;
D. Upon
DPH approves the engineering report, the applicant may elect to enter
into a recycled water use agreement with the city and concurrently
pay any applicable fees;
E. The
city schedule start-up tests of applicant's on-site recycled water
system to verify and ensure that cross-connections do not exist; and
F. Upon
the successful completion of the cross-connection test, recycled water
service is authorized.
(Ord. 1839 § 1, 2009)
As a precondition to an applicant prior to receiving recycled
water, the applicant shall enter into a recycled water use agreement
with the city and shall be subject to the terms and conditions including,
but not limited to, connection fees and service charges, operation
and maintenance requirements, time of use and reporting or notification
requirements.
(Ord. 1839 § 1, 2009)
Recycled water service line shall be extended by the owner to
a curb line or property line of the owner's property, abutting on
a public street, highway, road or city easement in which a recycled
water main is installed. The size and location and/or type of recycled
water service line, service connection, meter, backflow protection
device, and any/all other appurtenances are subject to prior review
and approval by the city.
(Ord. 1839 § 1, 2009)
Recycled water service shall be subject to the following conditions:
A. A recycled
water service connection and its corresponding meter shall not be
used to supply any real property except that which is specified in
the recycled water use agreement. Expressly prohibited use includes,
but is not limited to, supplying recycled water to an adjoining property
of a different owner, or to supply property of the same owner across
a road, street or other public right-of-way. When a property provided
with recycled water connection and corresponding meter is subdivided,
such connection and meter shall be considered as serving solely the
lot or parcel of land on which the meter is located. Additional recycled
water mains and/or recycled water service lines will be required for
all subdivided areas in accordance with this chapter;
B. Private
irrigation systems for common interest subdivisions, homeowners' association
maintained real property and other developments where landscaping
around homes and in common areas are served with one meter, shall
not be allowed to cross public roads, easements, or other public rights-of-way
without city approval pursuant to an encroachment permit; and/or
C. All
recycled water used on any property where a meter is installed must
pass through the meter prior to entering property. The user shall
be responsible and charged for recycled water used at his or her property.
D. When
the recycled water uses or conditions, as determined by the city or
other regulatory agencies, represent a clear and immediate hazard
to the city potable and/or recycled water supply that cannot be immediately
removed or corrected, the city shall terminate recycled water use.
Conditions or uses that create a basis for termination include, but
are not limited to, refusal to install, test or repair a required
backflow prevention device.
(Ord. 1839 § 1, 2009)
There shall be not less than 10 psi differential between an
owner's potable water supply line and the owner's recycled water service
line. The potable water service line shall, at all times, be maintained
at the higher pressure. Site-specific conditions may result in pressure
differentials being impractical. In such cases, other design and operational
measures can be taken, including proper pipe identification practices,
ensuring adequate horizontal and vertical separation distances between
potable and nonpotable systems and maintaining accurate as-built maps.
(Ord. 1839 § 1, 2009)
If a recycled water service line installed according to the
directions of the user is of the wrong size, or installed at a wrong
location or depth, the user shall, at his or her sole cost and expense,
cause the line to be abandoned and/or relocated or replaced as is
required to conform to all applicable law and policy.
(Ord. 1839 § 1, 2009)
The following provisions are intended to protect the city's
potable water supplies against actual, undiscovered, unauthorized,
or potential cross-connections to the user's recycled water system.
These provisions are in addition to, not in lieu of, the controls
and requirements of other regulatory agencies.
A. Approved backflow prevention devices on the city's potable water services to the use area as required in these provisions, shall be provided, installed, tested, and maintained according to Chapter
13.12. These devices shall be located on the property served immediately downstream of the meter. All devices shall be readily accessible for testing and maintenance and no device shall be submerged at any time.
B. When a request for recycled water service is initiated, the applicant must provide sufficient information, including plumbing and building plans, for determination of the level of backflow protection required. Proper backflow protection, determined by the city and other regulatory agencies, shall then be installed and tested according to Chapter
13.12 before recycled water service is provided.
C. Each
time there is a change of user on any commercial or industrial premises,
the owner or user shall notify the city immediately for reassessing
the required level of protection of the potable water supply. In addition,
any alterations to the user's existing on-site recycled water facilities
that may affect the required potable water protection, the city must
be immediately informed.
D. The
city and representatives of any governing agencies at their discretion
may inspect any property provided with recycled water service by the
city. The inspection shall serve to determine if any actual or potential
cross-connections exist. The owner or user shall provide full cooperation
in facilitating the inspection.
E. When
protection is required by the administrator, an approved backflow
protection device for potable water supplies shall be provided as
follows:
1. Each
water service connection that supplies potable water to a premises
having an auxiliary water supply (including recycled water) that is
not accepted as a potable source by the city and/or is not approved
for potable use by the DPH, shall be protected against backflow from
the premises into the city potable water system.
2. Each
water service connection supplying potable or recycled water to a
premises on which any substance is handled in such a fashion as to
permit entry into the city water systems (potable or recycled) from
the premises shall be protected against backflow. This shall include,
but not limited to, the handling of fertilizers, process waters, waters
originating from any of the city water systems that have been subject
to deterioration in quality, and agricultural use.
3. The
city's approved backflow devices shall be installed where premises
have complex piping arrangement that is vulnerable to be at risk of
having a cross-connection or where not all portions of the premises
are readily accessible for inspection.
4. Backflow
protection shall be required at premises where there has been a history
of cross-connections being established.
F. Additional
Protective Measures.
1. Water
meters used for recycled water service shall be tagged or purple color-coded
(color pantone 512 or 522), or otherwise distinguished as such per
AWWA standards. These meters shall not be interchanged or used for
potable water service after repairs and/or meter testing has been
performed.
2. The
city may conduct a periodic inspection of the recycled water facilities
to determine if all identifying items are still clearly discernable.
Any items or equipment failing to pass such inspection shall be immediately
replaced, repaired or refurbished as needed, by the user. These items
include:
e. Other items that indicate recycled water is being used.
3. To
determine the existence of any cross-connections or backflow conditions
into the potable water system, periodic testing by DPH approved methods
will be performed by the city and/or other regulatory agencies.
(Ord. 1839 § 1, 2009)
The level of protection required shall be related to the degree
of potential hazard that exists on the premises served, as determined
by the city or applicable regulatory agencies.
(Ord. 1839 § 1, 2009)
The user is responsible for causing all backflow prevention
devices to be tested and maintaining them in an operating condition
satisfactory to the city. Testing shall be done not less than at least
once a year by a San Bernardino County certified backflow prevention
tester. More frequent testing may be required if successive inspections
indicate repeated failures. Any and all backflow prevention devices
shall be repaired, overhauled and/or replaced whenever they are found
to be defective. These devices shall also be tested by a San Bernardino
County certified backflow prevention tester immediately after they
are installed, relocated or repaired. All inspections, tests and repairs
shall be performed at the user's expense. The user shall maintain
records of all such tests, repairs and overhauls. These records shall
be submitted to the city, annually, and made available to the city
and/or DPH, upon request.
(Ord. 1839 § 1, 2009)
The city and/or IEUA shall be responsible for the operation,
maintenance and surveillance of all off-site recycled water systems,
including, but not limited to, recycled water pipelines, valves, connections,
storage facilities, and other related equipment and property up to
and including the meter. Only the city and/or IEUA personnel and their
representatives shall operate, adjust, change, alter, move or relocate
any portion of their respective off-site recycled water facilities.
(Ord. 1839 § 1, 2009)
The city will monitor and inspect the entire recycled distribution
facility, including both off-site and on-site facilities. The city
will conduct monitoring programs, maintain records as deemed necessary,
inspect on-site facilities for compliance with these rules and regulations,
and provide reports as requested by DPH or other regulatory agencies.
For these purposes, the city will have the right to enter user's premises,
especially during hours of recycled water system operation, to inspect
on-site recycled water facilities and approved use areas, to verify
that the user's irrigation practices conform to this chapter or the
ordinance codified in this chapter and the recycled water use agreement.
(Ord. 1839 § 1, 2009)