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HomeMy WebLinkAbout1990-05-08; Municipal Water District; 021; Mandating the Use of Reclaimed Water1 ..J 4. r, dVlWD - AGENDA BILL AB#& TITLE: MTG...5/8/90. MANDATING THE USE OF RECLAIMED WATER DEPT. ADMIN RECOMMENDED ACTION: Adopt Ordinance No. 31 of the Board of Directors of the Carlsbad Municipal Water District mandating the use of reclaimed water. ITEM EXPLANATION The intent of this Water Reclamation Ordinance is to maximize resource conservation and streamline implementation of reclamation projects by establishing a set of regulations for reclaimed water use. This. ordinance mandates the use of reclaimed water in certain circumstances and recommends a wastewater quality protection program. It is based in part on California Water Code Sections 13550 and 1009 which authorize water conservation regulations and state that the continued use of potable water for greenbelt irrigation and certain other non-domestic water uses is an unreasonable use of water if reclaimed water is available and usable for such purposes. It should also be noted that the State Water Resources Control Board, which administers the State's water reclamation low-interest loan program,, recommends adoption of a mandatory use ordinance to help streamline application procedures and possibly improve chances for a loan. Also, since this ordinance is an attempt to maximize resource conservation, it is timely in that California is entering its fourth year of a drought and all water conservation efforts are very important. FISCAL IMPACT The adoption of this ordinance will require the City and District to include reclaimed water systems in certain projects in the future. These dual water systems will have an additional cost for various capital projects. Although this cost cannot be determined at this time; in some cases the cost for dual systems may be major. I EXHIBITS 1. Ordinance No. 31. ORDINANCE NO. 31 An Ordinance of the Carlsbad Municipal Water District (District) Mandating Use of Reclaimed Water 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; and (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 reclaimed water is available; NOW, THEREFORE, the District does hereby ordain: 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 reclaimed 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 reclaimed water is available or production of reclaimed water is unduly impaired. Reclaimed water would be more readily available in seasons of drought when the supply of potable water for nonessential uses may be uncertain. SECTION 2: WATER RECLAMATION POLICY It is the policy of the District that reclaimed water shall be used within the jurisdiction wherever its use is economically justified, financially and technically feasible, and consistent with legal requirements, preservation of public health, safety and welfare, and the environment. SECTION 3: DEFINITIONS The following terms are defined for purposes of this ordinance: 3.1 AGRICULTURAL PURPOSES: Agricultural purposes include the growing of field and nursery crops, row crops, trees, and vines and the feeding of fowl and livestock. 3.2 ARTIFICIAL LAKES: A human-made lake, pond, lagoon, or other body of water that is used wholly or partly for landscape, scenic or noncontact recreational purposes. 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 RECLAIMED WATER DISTRIBUTION SYSTEMS: A piping system intended for the delivery of reclaimed water separate from and in addition to the potable water distribution system. 3.5 GREENBELT AREAS: A greenbelt area includes, but is not limited to, golf courses, cemeteries, parks and landscaping. 3.6 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. 3.7 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. 3.8 ON-SITE FACILITIES: Water facilities under the control of the owner, normally downstream from the water meter. 3.9 POTABLE WATER: Water which conforms to the federal, state and local standards for human consumption. 3.10 RECLAIMED WATER: Reclaimed water means 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).) 3.11 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 reclaimed water authorized by law. -2- 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 reclaimed water within its boundaries. The Master Plan shall be updated not less often than every five years. 4.2 CONTENTS OF THE RECLAMATION MASTER PLAN: The Master Plan will include the following: 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 RECLAIMED WATER SERVICE AREAS. A designation of the lands within the District service area that can or may in the future use reclaimed water in lieu of potable water. Reclaimed 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 reclaimed water to be served by each treatment facility. 4.2.4 WATER QUALITY PROTECTION MEASURES. Recommended control measures and management practices to maintain or improve the quality of reclaimed water. 4.2.5 MANDATORY RECLAIMED WATER USE. Within the reclaimed water service area, a description of where greenbelt irrigation, agricultural irrigation, commercial office buildings, filling of artificial lakes, or industrial processes can be limited to the use of reclaimed water. This information can be used by District officials to mandate construction of reclaimed water distribution systems or other facilities in new and existing developments for current or future reclaimed 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. 4.2.6 RULES AND REGULATIONS. Establish by resolution, general rules and regulations governing the use and distribution of reclaimed water. -3- 4.2.7 COORDINATION AMONG AGENCIES. An examination 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 reclaimed water. SECTION 5. PROCEDURES 5.1 EXISTING POTABLE WATER SERVICE: 5.1.1 PRELIMINARY DETERMINATION. Based upon the Master Plan, upon the designation of each reclaimed water service area or the commencement of the design of new reclaimed water facilities, the District shall make preliminary determinations as to which existing potable water customers shall be converted to the use of reclaimed water. Each water customer shall be notified of the basis for a determination that conversion to reclaimed 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, and a reclaimed water permit application shall be sent to the water customer by certified mail. 5.1.3 IMPLEMENTATION. The water customer shall be required to submit a plan of implementation to the Carlsbad Municipal Water District's General Manager 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 reclaimed water in accordance with all Federal, State and local laws and public health guidelines. Staff shall provide the water customer upon request a copy of its "Rules and Regulations for Reclaimed Water Service" for use in preparing the required plan of implementation. Carlsbad Municipal Water District's General Manager shall have the authority to approve the water customer's plan of implementation within thirty (30) days after it is submitted to the District. Once approved, the plan of implementation must be implemented within one (1) year by the water customer. If more than one (1) year is required by the water customer to implement the required plan of implementation, an appeal may be made to the Carlsbad Municipal Water District's Water Commission for their recommendations to the Board of Directors by submitting such appeal in writing to the General Manager of the District. 5.1.4 OBJECTIONS; APPEALS. The water customer may file a notice of objection with the District within thirty (30) -4- 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 General Manager or his designee, shall review the objection with the objector, and shall confirm, modify or abandon the preliminary determination. 5.2 DEVELOPMENT AND WATER SERVICE APPROVALS: 5.2.1 CONDITIONS. Upon application by a developer, owner or water customer (herein referred to as llapplicantlt) 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 reclaimed water or to include facilities designed to accommodate the use of reclaimed water in the future. Based upon such determination, use of reclaimed water and provision of reclaimed water distribution systems or other facilities for the use of reclaimed water, and application for a permit for 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 reclaimed water or to include facilities designed to accommodate the use of reclaimed water in the future. Based upon such determination, use of reclaimed water and provision of reclaimed water distribution systems or other facilities for the use of reclaimed 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 aplication. prior to approval of the development 5.2.4 REQUESTED SERVICE. On a case by case basis, upon application for a permit to use reclaimed water on a property not covered by Sections 5.1.1, 5.2.1, or 5.2.2 -5- (’ -\ . . - above, staff shall review the Master Plan and make a determination whether the subject property shall be served with reclaimed water. Based upon such determination, the application for the permit shall be accepted and processed subject to Section 5.3. 5.3 RECLAIMED WATER PERMIT PROCESS: Upon a final determination by the General Manager that a property shall be served with reclaimed water, or adoption of a condition of development approval requiring use or accommodation of the use of reclaimed water, the water customer, owner or applicant shall obtain a reclaimed water permit. 5.3.1 PERMIT CONDITIONS. The permit shall specify the design and operational requirements for the applicant's water distribution facilities and schedule for compliance, based on the rules and regulations adopted pursuant to Section 4.2.6 and shall require compliance with both the California Department of Health Services Wastewater Reclamation Criteria (see California Code of Administrative Regulations, Title 22), and requirements of the California Regional Water Quality Control Board. 5.3.2 PLAN APPROVAL. Plans for the reclaimed and non- reclaimed water distribution systems for the parcel shall be reviewed by the staff and a field inspection conducted before the permit is granted. 5.3.3 PERMIT ISSUANCE. Upon approval of plans the permit shall be issued. Reclaimed water shall not be supplied to a property until inspection by staff determines that the applicant is in compliance with the permit conditions. 5.4 TEMPORARY USE OF POTABLE WATER: At the discretion of the General Manager, potable water may be made available on temporary basis until reclaimed water is available. Before the applicant receives temporary potable water, a water reclamation permit, as described in Section 5.3, must be obtained for new on- site distribution facilities. Prior to commencement of reclaimed water service, an inspection of the on-site facilities will be conducted to verify that the facilities have been maintained and are in compliance with the reclaimed water permit and current requirements for service. Upon verification of compliance, reclaimed water shall be served to the parcel for the intended use. If the facilities are not in compliance, 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. 5.5 RECLAIMED WATER RATE: The rate charged for reclaimed water shall be established by resolution of the Board of Directors. -6- 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. SECTION 7. SANCTIONS 7.1 PUBLIC: Discharge by any person or entity of wastes or the use of reclaimed 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 reclaimed 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 PERMIT REVOCATION: In addition to any other statute or rule authorizing termination of water service, the District may revoke a permit issued hereunder if a violation of any provision of this ordinance is found to exist or if a discharge of wastes or use of reclaimed water causes or threatens to cause violation of this ordinance. 7.4 PENALTY: Any owner and/or operator who violates this ordinance shall, for each day of violation, or portion thereof, be subject to a fine not exceeding $1,000. 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. -7- 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 preservation and enhancement of water resources in accordance with CEQA Guidelines Sections 15307 and 15308. The General Manager of the District is authorized and directed to file a Notice of Exemption as soon as possible following adoption of this Ordinance. SECTION 10: This Ordinance shall become effective upon adoption. It shall be published one time in a newspaper of general circulation within the District within ten (10) days of its adoption. This Ordinance shall remain effective until repeal by the Board of Directors of the District. PASSED, ADOPTED AND APPROVED by the Board of Directors of the Carlsbad Municipal Water District at a Regular Board Meeting held 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 ATTEST: ALETHA L. Secretary of the Board -8-