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HomeMy WebLinkAbout2005-06-21; Municipal Water District; 43; Mandating Use of Recycled Water and Rescinding Ordinance No. 31...I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 43 AN ORDINANCE OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), CARLSBAD, CALIFORNIA, MANDATING USE OF RECYCLED WATER AND RESCINDING ORDINANCE NO. 31 WHEREAS, 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; and (California Water Code Section 13510); and WHEREAS, conservation of all available water resources requires the maximum reuse of wastewater for beneficial uses of water (California Water Code Section 461); and WHEREAS, continued use of potable water for irrigation of greenbelt areas may be an unreasonable use of such water where recycled water is available (California Water Code Section 13550); NOW, THEREFORE, the Board of Directors of the Carlsbad Municipal Water District (CMWD) of the City of Carlsbad, California, hereby ordains as follows: SECTION 1 : FINDINGS The state policies described above are in the best interest of the District. 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 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 Nater for nonessential uses may be uncertain. SECTION 2:WATER RECLAMATION POLICY It is the policy of the District that recycled water shall be used within the jurisdiction wherever it ?as determined that its use is economically justified, financially and technically feasible, and Zonsistent with legal requirements, preservation of public health, safety and welfare, and the snvironment. '11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3: DEFINITIONS The following terms are defined for purposes of this ordinance: 3.1 nursery crops, row crops, trees, and vines and the feeding of fowl and livestock. AGRICULTURAL PURPOSES: Agricultural purposes include the growing of field and 3.2 used wholly or partly for landscape, scenic or noncontact recreational purposes. ARTIFICIAL LAKES: A human-made lake, pond, lagoon, or other body of water that is 3.3 COMMERCIAL OFFICE BUILDINGS: Any building for office or commercial uses with water requirements which include, but are not limited to, landscape irrigation, toilets, urinals and decorative fountains. 3.4 COVERAGE TEST: 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. 3.5 CROSS-CONNECTION TEST: 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 24 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. 3.6 cemeteries, parks and landscaping. GREENBELT AREAS: A greenbelt area includes, but is not limited to, golf courses, 3.7 INDUSTRIAL PROCESS WATER: 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. 3.8 OFF-SITE FACILITIES: 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. 3.9 ON-SITE FACILITIES: Water facilities under the control of the owner, normally downstream from the water meter. 3.10 human consumption. POTABLE WATER: Water which conforms to the federal, state and local standards for 3.1 1 RECYCLED WATER: 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).) 3.12 RECYCLED WATER DISTRIBUTION SYSTEMS: A piping system intended for the delivery of recycled water separate from and in addition to the potable water distribution system. 3.13 WASTE DISCHARGE: 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. Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4:WATER RECLAMATION MASTER PLAN 4.1 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. 4.2 Master Plan (Master Plan) will include the following: CONTENTS OF THE WATER RECLAMATION MASTER PLAN: The Water Reclamation 4.2.1 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. 4.2.2 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. 4.2.3 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. 4.2.4 WATER QUALITY PROTECTION MEASURES. Recommend control measures and management practices to maintain or improve the quality of recycled water. 4.2.5 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 develop men t . 4.2.6 RULES AND REGULATIONS FOR RECYCLED WATER USE. Establish by resolution, general rules and regulations governing the use and distribution of recycled water. 4.2.7 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. SECTION 5: PROCEDURES 5.1 EXISTING POTABLE WATER SERVICE: 5.1.1 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. 5.1.2 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5.1.3 IMPLEMENTATION. The water customer shall be required to submit a plan of implementation to the Carlsbad Municipal Water District’s Executive Manager or his designee within ninety (90) days after receipt of the notice of preliminary determination. The plan of implementation shall describe in detail how the water customer intends to retrofit his 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 his designee shall have the authority to approve the water customer’s plan of implementation within thirty (30) 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. Once approved, the plan of implementation must be implemented within six (6) months by the water customer including completion of all coverage and cross connection tests and payment of any plancheck 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 (6) 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. 5.1.4 OBJECTIONS; APPEALS. The water customer may file a notice of objection with the District within thirty (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 Executive Manager or his 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. 5.2 NEW DEVELOPMENT AND WATER SERVICE APPROVALS: 5.2.1 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. 5.2.2 ALTERATIONS AND REMODELING. On a case by case basis, upon application for a permit for the alteration or remodeling of multi-family, 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. 5.2.3 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5.2.4 REQUESTED SERVICE. On a case by case basis, to use recycled water on a property not covered by Sections 5.1 .I, 5.2.1, or 5.2.2 above, 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. 5.2.5 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. 5.2.6 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 & 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. 5.3 TEMPORARY USE OF POTABLE WATER: At the discretion of the Executive Manager or his 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 (60) days to take such actions prior to initiation of enforcement proceedings. The water customer will be required to fill out the form described in Section 5.2.6, 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. 5.4 by resolution of the Board of Directors. RECYCLED WATER RATE: The rate charged for reclaimed water shall be established SECTION 6: REGULATION OF BRINE DISCHARGE TO SEWAGE SYSTEMS 6.1 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. 6.2 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7: SANCTIONS 7.1 PUBLIC: Discharge by any person or entity of wastes or the use of recycled water in any manner in violation of this ordinance or of any permit issued hereunder is subject to prosecution for a misdemeanor. 7.2 INJUNCTION: Whenever a discharge of wastes or use of recycled water is in violation or threatens to cause a violation of this ordinance, the District's attorney may seek injunctive relief as may be appropriate to enjoin such discharge or use. 7.3 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 ordinance is found to exist or if a discharge of wastes or use of recycled water causes or threatens to cause violation of this ordinance. 7.4 this ordinance shall be subject to: PENALTY: Except as provided in Subsection 7.1 , any owner andlor operator who violates A. B. C. D. A fine not exceeding one hundred dollars for the first violation; A fine not exceeding two hundred dollars for the second violation within one year; A fine not exceeding five hundred dollars for the third violation within one year; A fine not exceeding one thousand dollars for the fourth and each additional violation within one year. Each and every day during any portion of which any violation of this ordinance is committed, continued or permitted shall be a separate offense. In addition, potable water service to the property may be discontinued. SECTION 8: VALIDITY If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. SECTION 9:The District finds that this Ordinance and actions taken hereafter pursuant to this Ordinance are exempt from the California Environmental Quality Act as actions taken to assure the presentation and enhancement of water resources in accordance with CEQA Guidelines Sections 15307 and 15308. The Executive Manager of the District is authorized and directed to file a Notice of Exemption as soon as possible following adoption of this Ordinance. SECTION IO: EFFECTIVE DATE This ordinance shall be effective thirty (30) days after its adoption and the Secretary of the Board of Directors shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen (1 5) days after its adoption. SECTION 11: (REPEAL) That Ordinance No. 31 of the District, relating to mandating the use of reclaimed water, is hereby repealed in its entirety. Ill Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of said Board of Directors held on the 14th day of JUNE ,2005, and thereafter, PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 21st day of JUNE , 2005 by the following vote, to wit: AYES: NOES: ABSENT: Board Members Lewis, Hall, Kulchin, Packard, Sigafoose None None APPROVED AS TO FORM AND LEGALITY: n ATTEST: (SEAL)