The State policies described in the California Water Code Sections
461, 13550 and 13551 are in the best interest of the District. The
majority of jurisdictions in San Diego County have adopted measures
to promote water reclamation. This chapter 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
recycled 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 recycled
water is available or production of recycled water is unduly impaired.
Recycled water would be more readily available in seasons of drought
when the supply of potable water for nonessential uses may be uncertain.
(Ord. 43 § 1,
2005; Ord. 49, 7/16/2024)
It is the policy of the District that recycled water shall be
used within the jurisdiction wherever it has determined that 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. 43 § 2,
2005; Ord. 49, 7/16/2024)
The following terms are defined for purposes of this chapter:
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.
Any building for office or commercial uses with water requirements
which include, but are not limited to, landscape irrigation, toilets,
urinals, and decorative fountains.
The coverage test means a field investigation by a cross-connection
control specialist to verify that there is no overspray, misting,
ponding, and runoff occurring when the irrigation system is in operation,
and that proper color coding and signage is in place for the on-site
facilities.
A cross-connection test means to verify that the potable
and recycled water supplies are not connected to each other by shutting
down the recycled water supply to the on-site facilities for twenty-four
hours and determining that the on-site facilities do not become pressurized
by the potable water supply at any location. The purpose for the test
is to demonstrate that at the time of the test there are no discoverable
cross-connections between the site's potable and recycled systems.
A greenbelt area includes, but is 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 regulated by Chapter 13.16 of the Carlsbad Municipal Code.
Water facilities from the source of supply to the point of
connection with the on-site facilities, normally up to and including
the water meter.
Water facilities under the control of the owner, normally
downstream from the water meter.
Water which conforms to the Federal, State, and local standards
for human consumption.
Recycled water means water which, as a result of treatment
of wastewater, is suitable for a direct beneficial use or a controlled
use that would not otherwise occur and is therefore considered a valuable
resource. (See California Water Code Section 13050(n).)
A piping system intended for the delivery of recycled water
separate from and in addition to the potable water distribution system.
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 or substances which
may cause substantial harm to any water treatment or reclamation facility
or which may prevent any use of recycled water authorized by law.
(Ord. 43 § 3,
2005; Ord. 49, 7/16/2024)
A.
General. Upon adoption of this ordinance, the District shall prepare
and adopt by resolution a Water Reclamation Master Plan to define,
encourage, and develop the use of recycled water within its boundaries.
The Master Plan shall be updated not less often than every five years.
B.
Contents of the Water Reclamation Master Plan. The Water Reclamation
Master Plan (Master Plan) will include the following:
1.
Plants and Facilities. Evaluation of the location and size of present
and future reclamation treatment plants, distribution pipelines, pump
stations, reservoirs, and other related facilities, including cost
estimates and potential financing methods.
2.
Recycled Water Service Areas. A designation of the lands within the
District service area that can or may in the future use recycled water
in lieu of potable water. Recycled water uses may include, but are
not limited to, the irrigation of greenbelt and agricultural areas,
filling of artificial lakes, and appropriate industrial and commercial
uses.
3.
Quality of Water to Be Reclaimed. For each water reclamation treatment
facility, an evaluation of water quality with respect to the effect
on anticipated uses of recycled water to be served by each treatment
facility.
4.
Water Quality Protection Measures. Recommend control measures and
management practices to maintain or improve the quality of recycled
water.
5.
Mandatory Recycled Water Use. Within the recycled water service area,
a description shall be prepared of where greenbelt irrigation, agricultural
irrigation, commercial office buildings, filling of artificial lakes,
or industrial processes can be limited to the use of recycled water.
This information shall be used by District officials to mandate construction
of recycled water distribution systems or other facilities in new
and existing developments for current or future recycled water use
as a condition of any development approval or continued water service
if future reclamation facilities are proposed in the Master Plan that
could adequately serve the development.
6.
Rules and Regulations for Recycled Water Use. Establish by resolution,
general rules and regulations governing the use and distribution of
recycled water.
7.
Coordination Among Agencies for Recycled Water Use. An examination
shall be made of the potential for initiating a coordinated effort
between the Carlsbad Municipal Water District and other regional agencies
to share in the production and utilization of recycled water.
(Ord. 43 § 4,
2005; Ord. 49, 7/16/2024)
A.
Existing Potable Water Service.
1.
Preliminary Determination. Based upon the Master Plan, and upon the
designation of each recycled water service area or the commencement
of the design of new recycled water facilities, the District shall
make preliminary determinations as to which existing potable water
customers shall be converted to the use of recycled water. Each water
customer shall be notified of the basis for a determination that conversion
to recycled water service will be required, as well as the proposed
conditions and of the need for a plan of implementation for such conversion.
2.
Notice. The notice of the preliminary determination, including the
proposed conditions and time schedule for compliance, shall be sent
to the water customer by certified mail.
3.
Implementation.
a.
The water customer shall be required to submit a plan of implementation
to the Carlsbad Municipal Water District's Executive Manager
or designee within ninety days after receipt of the notice of preliminary
determination.
b.
The plan of implementation shall describe in detail how the
water customer intends to retrofit the water facilities to use recycled
water in accordance with all Federal, State, and local laws and public
health guidelines. The District shall provide the water customer upon
request a copy of its "Rules and Regulations for Recycled Water Use"
to be a reference for water customer's in preparing the required
plan of implementation for their on-site facilities. All costs for
preparation of the plan of implementation are the responsibility of
the water customer. Carlsbad Municipal Water District's Executive
Manager or designee shall have the authority to approve the water
customer's plan of implementation within thirty days after it
is submitted to the District. As an option, the District will prepare
the "plan of implementation" at the District's cost for the water
customer, provided the water customer signs an acknowledgement to
install and accept the proposed improvements shown on the District
approved plan of implementation.
c.
Once approved, the plan of implementation must be implemented
within six months by the water customer including completion of all
coverage and cross connection tests and payment of any plan check
and inspection fees if applicable. All costs for implementation of
the improvements on the plan of implementation are the responsibility
of the water customer. If more than six months is required for the
implementation, an appeal may be made for additional time to the Carlsbad
Municipal Water District's Board of Directors by submitting such
appeal in writing to the Executive Manager of the District.
4.
Objections—Appeals. The water customer may file a notice of
objection with the District within thirty 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 Executive Manager or designee shall review
the objection with the objector, and shall confirm, modify, or abandon
the preliminary determination, or submit the objection to the District's
Board of Directors. The Board, at its sole discretion may confirm,
modify, or abandon the preliminary determination or establish an alternative
program intended to facilitate the orderly development of the recycled
water system.
B.
New 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, staff shall review the Master Plan and make a
preliminary determination whether the current or proposed use of the
subject property is required to be served with recycled water or to
include facilities designed to accommodate the use of recycled water
in the future. Based upon such determination, use of recycled water
and provision of recycled water distribution systems or other facilities
for the use of recycled water, and such use may be required as a condition
of approval of any such application, in addition to any other conditions
of approval.
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), staff shall
review the Master Plan and make a preliminary determination whether
the subject property shall be required to be served with recycled
water or to include facilities designed to accommodate the use of
recycled water in the future. Based upon such determination, use of
recycled water and provision of recycled water distribution systems
or other facilities for the use of recycled water, and application
for a permit for such use, may be required as a condition of approval
of 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.
4.
Requested Service. On a case-by-case basis, to use recycled water
on a property not covered by subsection (A)(1), (B)(1), or (B)(2),
the District shall review the Master Plan and make a determination
whether the subject property shall be served with recycled water.
Based upon such determination, a written Notice of Determination will
be provided to the water customer by the District.
5.
Plan Approval. Plans for the recycled and non-recycled water distribution
systems for the parcel shall be reviewed and approved by the District
before on-site facilities are constructed. A recycled water number
will be assigned by the District and this number shall be placed on
the plans for record purposes.
6.
Field Inspection. Prior to the use of recycled water, the District
will perform a coverage test and cross-connection test of the constructed
on-site facilities to verify that they are in compliance with the
approved plan and meet all California State Department of Health Services
requirements for use of recycled water. Upon approval of the coverage
test, the water customer will be required to fill out a Notice of
Appointment of Site Supervisor form, and will be provided Rules and
Regulations for Recycled Water Use. The water customer's site
supervisor will also be required to attend the San Diego County Water
Authority's training class on use and handling of recycled water,
or other approved training class. The coverage test will take place
after the recycled water meter is installed. The District and the
City of Carlsbad has no required fees for this work but the water
customer is responsible for paying San Diego County Department of
Environmental Health applicable fees associated with this work.
C.
Temporary Use of Potable Water. At the discretion of the Executive
Manager or designee, potable water may be made available on a temporary
basis until recycled water is available. Before the applicant receives
temporary potable water, the on-site facilities must be constructed
in accordance with the plan of implementation and field inspected
by the staff for new on-site distribution facilities. Prior to commencement
of recycled water service, a coverage and cross-connection test of
the on-site facilities will be conducted to verify that the facilities
have been maintained and are in compliance with the recycled water
irrigation system Plan of Implementation and current requirements
for service. Upon verification of compliance, recycled water shall
be served to the parcel for the intended use. The District shall provide
written notice if the facilities are not in compliance, and the applicant
shall be notified of the corrective actions necessary and shall have
sixty days to take such actions prior to initiation of enforcement
proceedings. The water customer will be required to fill out the form
described in subsection (B)(6), and the site supervisor will be required
to attend the San Diego County Water Authority's class on use
and handling of recycled water or other approved training class.
D.
Recycled Water Rate. The rate charged for reclaimed water shall be
established by resolution of the Board of Directors.
(Ord. 43 § 5,
2005; Ord. 49, 7/16/2024)
A.
Intent. The Carlsbad Municipal Water District recognizes that to
maintain adequate wastewater quality for water reclamation treatment
processes, and to protect public and private property, restrictions
may be required on certain industrial, commercial, and residential
waste discharges to a sewerage system that is located within a designated
tributary area of an existing or planned reclamation facility.
B.
Adopted Tributary Protection Measures. Waste discharges to the sewage
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 services.
(Ord. 43 § 6,
2005; Ord. 49, 7/16/2024)
A.
Public. Discharge by any person or entity of wastes or the use of
recycled water in any manner in violation of this chapter or of any
permit issued hereunder is subject to prosecution for a misdemeanor.
B.
Injunction. Whenever a discharge of wastes or use of recycled water
is in violation or threatens to cause a violation of this chapter,
the District's attorney may seek injunctive relief as may be
appropriate to enjoin such discharge or use.
C.
Revocation. In addition to any other statute or rule authorizing
termination of water service, the District may revoke the use of recycled
water if a violation of any provision of this chapter is found to
exist or if a discharge of wastes or use of recycled water causes
or threatens to cause violation of this chapter.
D.
Penalty. Except as provided in subsection A, any owner and/or operator who violates this chapter shall be subject to:
1.
A fine not exceeding one hundred dollars for the first violation;
2.
A fine not exceeding two hundred dollars for the second violation
within one year;
3.
A fine not exceeding five hundred dollars for the third violation
within one year;
4.
A fine not exceeding one thousand dollars for the fourth and each
additional violation within one year.
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Each and every day during any portion of which any violation
of this chapter is committed, continued, or permitted shall be a separate
offense. In addition, potable water service to the property may be
discontinued.
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(Ord. 43 § 7,
2005; Ord. 49, 7/16/2024)
If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, the remainder of the
chapter and the application of such provisions to other persons or
circumstances shall not be affected thereby.
(Ord. 43 § 8,
2005; Ord. 49, 7/16/2024)
