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HomeMy WebLinkAbout1990-05-08; Municipal Water District; 31; Reclaimed water use mandate...ORDINANCE NO. 31 I An Ordinance of the Carlsbad Municipal Water District (District) Mandating Use of Reclaimed Water WHEREAS, the people of the state of California k primary interest in the development of facilities to r water containing waste to supplement existing surfac underground water supplies and to assist in meeting the water requirements of the state: and (California Water Section 13510) : and WHEREAS, conservation of all available water resc requires the maximum reuse of wastewater for beneficial ut water: and (Water Code Section 461); and WHEREAS, continued use of potable water for irrigat: greenbelt areas may be an unreasonable use of such water reclaimed water is available; NOW, THEREFORE, the District does hereby ordain: SECTION 1: FINDINGS I The state policies described above are in the best inter€ the District. The majority of jurisdictions in San Diego 4 have adopted measures to promote water reclamation. ordinance is necessary to protect the common water supply ( region which is vital to public health and safety, and to p: endangerment of public and private property. San Diego COUI highly dependent on limited imported water for don agricultural and industrial uses. The reliability of the I of imported water is uncertain. By developing and uti1 reclaimed water, the need for additional imported water c reduced. In light of these circumstances, certain us potable water may be considered unreasonable or to constit nuisance where reclaimed water is available or producti reclaimed water is unduly impaired. Reclaimed water wou more readily available in seasons of drought when the sup€ potable water for nonessential uses may be uncertain. SECTION 2: WATER RECLAMATION POLICY I It is the policy of the District that reclaimed water sha used within the jurisdiction wherever its use is economi justified, financially and technically feasible, and consi with legal requirements, preservation of public health, I and welfare, and the environment. SECTION 3: DEFINITIONS I The following terms are defined for purposes of this ordinal 3.1 AGRICULTURAL PURPOSES: Agricultural purposes includ growing of field and nursery crops, row crops, trees, and and the feeding of fowl and livestock. 3.2 ARTIFICIAL LAKES: A human-made lake, pond, lagoon, or body of water that is used wholly or partly for landscape, I or noncontact recreational purposes. 3.3 COMMERCIAL OFFICE BUILDINGS: Any building for offi commercial uses with water requirements which include, bu not limited to, landscape irrigation, toilets, urinal: decorative fountains. 3.4 RECLAIMED WATER DISTRIBUTION SYSTEMS: A piping E intended for the delivery of reclaimed water separate from E addition to the potable water distribution system. 3.5 GREENBELT AREAS: A greenbelt area includes, but i; limited to, golf courses, cemeteries, parks and landscaping. 3.6 INDUSTRIAL PROCESS WATER: Water used by any indus facility with process water requirements which include, bu I not limited to, rinsing, washfng, cooling and circulatiol construction, including any facility regulated by the Indus Waste Discharge Ordinance regulated by Chapter 13.16 0: Carlsbad Municipal Code. 3.7 OFF-SITE FACILITIES: Water facilities from the sour( supply to the point of connection with the on-site facili normally up to and including the water meter. 3.8 ON-SITE FACILITIES: Water facilities under the contrc the owner, normally downstream from the water meter. 3.9 POTABLE WATER: Water which conforms to the federal, and local standards for human consumption. 3.10 RECLAIMED WATER: Reclaimed water means water which, result of treatment of wastewater, is suitable for a d beneficial use or controlled use that would not otherwise o (See Water Code Section 13050(n).) 3.11 WASTE DISCHARGE: Waste discharge means water depos released or discharged into a sewer system from any commer. industrial or residential source which contains levels of substance or substances which may cause substantial harm tc I water treatment or reclamation facility or which may prevenl use of reclaimed water authorized by law. -2- 1 1 I SECTION 4: WATER RECLAMATION MASTER PLAN 4.1 GENERAL: Upon adoption of this ordinance, the Di; shall prepare and adopt by resolution a Water Reclamation 1 Plan to define, encourage, and develop the use of reclaimed within its boundaries. The Master Plan shall be updated no. often than every five years. 4.2 CONTENTS OF THE RECLAMATION MASTER PLAN: The Mastel will include the following: 4.2.1 PLANTS AND FACILITIES. Evaluation of the lor and size of present and future reclamation treatment p: distribution pipelines, pump stations, reservoirs, and related facilities, including cost estimates and potr financing methods. 4.2.2 RECLAIMED WATER SERVICE AREAS. A designation ( lands within the District service area that can or n the future use reclaimed water in lieu of potable I Reclaimed water uses may include, but are not limit€ the irrigation of greenbelt and agricultural areas, f. of artificial lakes, and appropriate industrial commercial uses. 4.2.3 QUALITY OF WATER TO BE RECLAIMED. For each reclamation treatment facility, an evaluation of quality with respect to the effect on anticipated us reclaimed water to be served by each treatment facilit! 4.2.4 WATER QUALITY PROTECTION MEASURES. Recomm control measures and management practices to mainta improve the quality of reclaimed water. 4.2.5 MANDATORY RECLAIMED WATER USE. Within the rec: water service area, a description of where gree irrigation, agricultural irrigation, commercial o buildings, filling of artificial lakes, or indus processes can be limited to the use of reclaimed T This information can be used by District officia mandate construction of reclaimed water distribution SI or other facilities in new and existing development current or future reclaimed water use as a condition c development approval or continued water service if j reclamation facilities are proposed in the Master Plar could adequately serve the development. 4.2.6 RULES AND REGULATIONS. Establish by resolt general rules and regulations governing the USE distribution of reclaimed water. -3- I 4.2.7 COORDINATION AMONG AGENCIES. An examination t potential for initiating a coordinated effort betwee Carlsbad Municipal Water District and other re! agencies to share in the production and utilizatj reclaimed water. SECTION 5. PROCEDURES 5.1 EXISTING POTABLE WATER SERVICE: 5.1.1 PRELIMINARY DETERMINATION. Based upon the : Plan, upon the designation of each reclaimed water s area or the commencement of the design of new rec. water facilities, the District shall make prelix determinations as to which existing potable water cusl shall be converted to the use of reclaimed water. water customer shall be notified of the basis : determination that conversion to reclaimed water sc will be required, as well as the proposed conditions 2 the need for a plan of implementation for such convers. 5.1.2 NOTICE. The notice of the preliminary determini including the proposed conditions and time schedulc compliance, and a reclaimed water permit application be sent to the water customer by certified mail. I I 5.1.3 IMPLEMENTATION. The water customer shall be rec to submit a plan of implementation to the Carlsbad Munj Water District's General Manager within ninety (90) after receipt of the notice of preliminary determir The plan of implementation shall describe in detail hc water customer intends to retrofit his water faciliti use reclaimed water in accordance with all Federal, and local laws and public health guidelines. Staff provide the water customer upon request a copy of its I' and Regulations for Reclaimed Water Service" for u! preparing the required plan of implementation. Car Municipal Water District's General Manager shall havl authority to approve the water customer's pla implementation within thirty (30) days after it is subn to the District. Once approved, the plan of implement must be implemented within one (1) year by the w, customer. If more than one (1) year is required by water customer to implement the required plal implementation, an appeal may be made to the Car: Municipal Water District's Water Commission for . recommendations to the Board of Directors by submi such appeal in writing to the General Manager of District. 5.1.4 OBJECTIONS; APPEALS. The water customer may f: notice of objection with the District within thirty -4- I U I days after any notice of determination to comp delivered or mailed to the customer, and may rc reconsideration of the determination or modification proposed conditions or schedule for conversion. objection must be in writing and specify the reasons f objection. The preliminary determination shall be fi the customer does not file a timely objection. The G Manager or his designee, shall review the objection wi objector, and shall confirm, modify or abando1 preliminary determination. 5.2 DEVELOPMENT AND WATER SERVICE APPROVALS: 5.2.1 CONDITIONS. Upon application by a developer, or water customer (herein referred to as I1applicantt1) tentative map, subdivision map, land use permit, or development project as defined by Government Code S 65928, staff shall review the Master Plan and m preliminary determination whether the current or prc use of the subject property is required to be served reclaimed water or to include facilities design4 accommodate the use of reclaimed water in the future. upon such determination, use of reclaimed watel provision of reclaimed water distribution systems or facilities for the use of reclaimed water, and applic for a permit for such use may be required as a condit: approval of any such application, in addition to any conditions of approval. 5.2.2 ALTERATIONS AND REMODELING. On a case by case L upon application for a permit for the alteratic remodeling of multi-family, commercial or indus structures (including, for example, hotels), staff review the Master Plan and make a preliminary determir whether the subject property shall be required to be E with reclaimed water or to include facilities design accommodate the use of reclaimed water in the future. upon such determination, use of reclaimed water provision of reclaimed water distribution systems or facilities for the use of reclaimed water, and applic for a permit for such use, may be required as a conditi approval of the application. 5.2.3 NOTICE OF DETERMINATION. A notice of the basi the preliminary determination, proposed conditior approval and schedule for compliance shall be providl the applicant prior to approval of the develo: aplication. 5.2.4 REQUESTED SERVICE. On a case by case basis, application for a permit to use reclaimed water property not covered by Sections 5.1.1, 5.2.1, or -5- 1 I I above, staff shall review the Master Plan and n determination whether the subject property shall be with reclaimed water. Based upon such determinatiol application for the permit shall be accepted and pro subject to Section 5.3. 5.3 RECLAIMED WATER PERMIT PROCESS: Upon a final determi by the General Manager that a property shall be servec reclaimed water, or adoption of a condition of develc approval requiring use or accommodation of the use of rec water, the water customer, owner or applicant shall obt reclaimed water permit. 5.3.1 PERMIT CONDITIONS. The permit shall specif design and operational requirements for the applic water distribution facilities and schedule for compl based on the rules and regulations adopted pursua Section 4.2.6 and shall require compliance with bo1 California Department of Health Services Wastc Reclamation Criteria (see California Code of Administ Regulations, Title 22), and requirements of the Cali Regional Water Quality Control Board. 5.3.2 PLAN APPROVAL. Plans for the reclaimed and reclaimed water distribution systems for the parcel sh; reviewed by the staff and a field inspection cond before the permit is granted. 5.3.3 PERMIT ISSUANCE. Upon approval of plans the 1 shall be issued. Reclaimed water shall not be suppliec property until inspection by staff determines tha applicant is in compliance with the permit conditions. 5.4 TEMPORARY USE OF POTABLE WATER: At the discreti the General Manager, potable water may be made availa temporary basis until reclaimed water is available. Befor applicant receives temporary potable water, a water reclar permit, as described in Section 5.3, must be obtained for ne site distribution facilities. Prior to commencement of recl water service, an inspection of the on-site facilities wi conducted to verify that the facilities have been maintain€ are in compliance with the reclaimed water permit and CI requirements for service. Upon verification of compli reclaimed water shall be served to the parcel for the in1 use. If the facilities are not in compliance, the app: shall be notified of the corrective actions necessary and have sixty (60) days to take such actions prior to initiatj enforcement proceedings. 5.5 RECLAIMED WATER RATE: The rate charged for reclaimed shall be established by resolution of the Board of Directors -6- I I 1 SECTION 6. REGULATION OF BRINE DISCHARGE TO SEWAGE SYSTEMS 6.1 INTENT: The Carlsbad Municipal Water District reco that to maintain adequate wastewater quality for reclamation treatment processes, and to protect publi private property, restrictions may be required on ct industrial, commercial, and residential waste discharges sewerage system that is located within a designated tri area of an existing or planned reclamation facility. 6.2 ADOPTED TRIBUTARY PROTECTION MEASURES: Waste dischar the sewage system from any industrial, commercial, or resid source, may be restricted or prohibited upon a finding, fol a noticed public hearing, that the type or class of dis involved is capable of causing or may cause substantial dam' harm to any sewage treatment or reclamation facility or 1 significant user or users or potential user or users of rec water within an area which has been planned for reclaimed services. SECTION 7. SANCTIONS 7.1 PUBLIC: Discharge by any person or entity of wastes I use of reclaimed water in any manner in violation of ordinance or of any permit issued hereunder is subje prosecution for a misdemeanor. 7.2 INJUNCTION: Whenever a discharge of wastes or u reclaimed water is in violation or threatens to cause a vio. of this ordinance, the District's attorney may seek inju~ relief as may be appropriate to enjoin such discharge or us( 7.3 PERMIT REVOCATION: In addition to any other statute 01 authorizing termination of water service, the District may : a permit issued hereunder if a violation of any provision 0: ordinance is found to exist or if a discharge of wastes or 1 reclaimed water causes or threatens to cause violation of ordinance. 7.4 PENALTY: Any owner and/or operator who violates ordinance shall, for each day of violation, or portion thc be subject to a fine not exceeding $1,000. In addition, pc water service to the property may be discontinued. SECTION 8. VALIDITY If any provision of this ordinance or the application there any person or circumstance is held invalid, the remainder c ordinance and the application of such provisions to other pt or circumstances shall not be affected thereby. -7- I SECTION 9: The District finds that this Ordinance and acti taken hereafter pursuant to this Ordinance are exempt frc California Environmental Quality Act as actions taken to the preservation and enhancement of water resources in acco with CEQA Guidelines Sections 15307 and 15308. The G Manager of the District is authorized and directed to : Notice of Exemption as soon as possible following adopt: this Ordinance. SECTION 10: This Ordinance shall become effective adoption. It shall be published one time in a newspal general circulation within the District within ten (10) d its adoption. This Ordinance shall remain effective until by the Board of Directors of the District. PASSED, ADOPTED AND APPROVED by the Board of Directors ( Carlsbad Municipal Water District at a Regular Board Meetin this 8th day of May, 1990, by the following roll call vote: AYES: Board Members Lewis, Kulchin, Mamaux and Larson NOES: None ABSENT: Board Member Pettine I mUDE A; LEWIS: Board Preside ATTEST : Secretary of the Board J I -8-