HomeMy WebLinkAbout2005-06-14; Municipal Water District; 593; ORDINANCE 43 CMWD USE OF RECYCLED WATER, RESCINDING ORDINANCE 311B# 593
IIITG. 611 4/05
IEPT. ENG
RECOMMENDED ACTION:
TITLE: INTRODUCE ORDINANCE NO. 43 OF THE
CARLSBAD MUNICIPAL WATER DISTRICT MANDATING USE OF RECYCLED WATER AND
RESCINDING ORDINANCE NO. 31
Introduce Ordinance No. 43 California, Mandating Use of Recycled Water and Rescinding Ordinance No. 31. of the Carlsbad Municipal Water District, Carlsbad,
ITEM EXPLANATION:
The Board of Directors approved Ordinance No. 31 on May 8, 1990. The purpose of the ordinance is to mandate the use of recycled water within the service area of the Carlsbad Municipal Water District. Ordinance No. 31 does not apply to water customers within the City of Carlsbad located in the Olivenhain Municipal Water District service area, which has its own ordinance. Presently, the Carlsbad Municipal Water District is serving recycled water customers in the City of Carlsbad,
which are located within the Vallecitos Water District’s service area.
Ordinance No. 31 is being amended to reflect several changes that have occurred since its adoption. These changes are summarized as follows:
1. The word “reclaimed” is being replaced by the word “recycled” in all sections to conform to the current definition in the California State Water Code for the reclamation and use of treated wastewater.
2. The term “General Manager” is being eliminated in all sections and substituted by the words “Executive Manager or his designee”, because the General Manager position was eliminated in May 1999.
3. The term “Water Commission” is being eliminated because the District‘s Water Commission was eliminated in January 1998.
4. Section 3.4 and 3.5 are being added to define the terms “coverage test” and “cross-connection test”. Both tests are conducted at each recycled water customer’s site. They are required to assure that recycled water is being properly used and to verify that the potable and recycled water systems are not connected together. The water customer must pay the County Department of Environmental Health for their time spent to observe these tests.
5. Section 5.1, Existing Potable Water Service, subsection 5.1.3 Implementation. This section is being amended to add the option for the District to prepare a water customer’s “Plan of Implementation”. The purpose of this change is to provide a more efficient, lower cost, and uniform approach to developing the Plan of Implementation. The Plan of Implementation is used by the water customer to retrofit his existing irrigation system to use recycled water. The water customer must acknowledge that they will install the improvements or modifications proposed by the District’s Plan of Implementation. In this approach the District is partnering with the water customer to make it as easy as possible to retrofit hislher property. The benefits to the District are:
0 Shorter time frames to prepare and complete the Plan of Implementation.
0 A consistent and uniform approach to the information presented on the Plan, as compared to each water customer preparing their own Plan individually.
0 More control by the District in determining the schedule to implement the retrofit work.
Page 2 of Agenda Bill No. 593
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0 More assurance that the demand for recycled water will increase at a rate that will
meet conditions of approval stipulated by agency agreements in order to receive
rebates, grants, and loans for the Phase II recycled water project.
At this time, staff estimates that 102 sites will need a Plan of Implementation. There are
approximately 94 commercial/industriaI sites and 8 homeowner association sites identified
in this category. On average, staff is estimated to spend 30 hours per site for commercial
and industrial sites and 120 hours per site for homeowner associations to prepare and
approve the Plans. In addition, the Department of Environmental Health (DEH) presently
charges a fee of $1 10 per hour to review the Plans. They are averaging 4 hours to review
Plans for each site. The total cost of the DEH fee for all sites is approximately $50,000, and
this amount would be paid by the District.
Subsection 5.1.3 Implementation. This section is being amended to add that coverage
and cross-connection testing will be completed along with the retrofit work within six (6)
months from the time the District issues a written Notice to Proceed with implementation.
The timeframe of the current ordinance is one (1) year. Emphasis was also added to
indicate the water customer pays for implementation work.
Subsection 5.1.4 Objections; Appeals. This section is being amended to add the option
for the Board to consider an alternative program that could assist the water customer in
proceeding with the implementation.
Subsection 5.3 Reclaimed Water Permit Process. This section and permit is being
eliminated and all references in other sections of the ordinance referring to this permit are
being eliminated. This permit process is not needed because the ordinance requires the
District to dictate which water customers are required to use recycled water rather than the
District regulating the water customer.
Subsection 5.2.6 Field Inspection will be added. This involves the work the District staff
performs in inspecting the constructed recycled water system improvements to verify that
they are in conformance with the Plan and State Department of Health Services
requirements prior to using recycled water. It incorporates the need for the water customer
to designate a Site Supervisor who will be the contact person with the District regarding the
irrigation system. It also includes requiring the water customer to fill out several forms for
record keeping purposes and acknowledging receipt of Carlsbad’s Rules and Regulations
for Recycled Water Use.
Section 5.3 Temporary Use of Potable Water. This section is being amended to handle
all requirements where a water customer installed a recycled water system in accordance
with an approved Plan, but is allowed to use potable water until recycled water is made
available to the site. It includes requirements for District staff to field inspect the
improvements, both at the time of the original installation and again when the site is to be
converted to the recycled water supply. The second field inspection is to make sure the
water customer is operating the irrigation system in accordance with the Plan and with
current State Department of Health Services requirements.
Section 7.4 Penalties. This section is being amended to set up an escalating fine
structure for not complying with the ordinance. The maximum penalty of $1,000 remains unchanged
Page 3 of Agenda Bill No. 593
ENVIRONMENTAL REVIEW:
This ordinance is exempt from CEQA in accordance with sections 15307 and 15308 to ensure
preservation and enhancement of water resources.
FISCAL IMPACT:
The Department of Environmental Health is assigned with the responsibility of monitoring recycled
water systems within the County of San Diego. They presently review all Plans to verify that they
comply with State Department of Health Services requirements. The fee to review these plans is
currently $1 10 per hour, but this can increase each year based on cost recovery estimates made
by the County. On average, the DEH submits an invoice for approximately 4 hours to review each
site’s plan, which includes a site visit. The cost to review all of the District prepared Plans for
retrofit sites in Carlsbad is estimated at approximately $50,000. The cost to pay this service fee will
be funded out of the Water Operations Fund. The water customer still pays the DEH fee to witness
cross-connection and coverage tests.
There are approximately 102 sites that require a Plan of Implementation. Customers may elect to
prepare these Plans or have the City prepare the Plan. Engineering Technicians, having
certification as a cross-connection control specialist, will review customer-prepared plans or they
will prepare the Plan if requested by the property owner. It is estimated that potentially up to
3,800 hours of staff time could be allocated to this activity over the next four years to complete
these plans with all approvals. No new or additional City staff is required.
EXHIBITS :
1. Ordinance No. 43 of the Carlsbad Municipal Water District, Carlsbad, California,
Mandating Use of Recycled Water and Rescinding Ordinance No. 31.
2. Redtinelstrikeout version of Ordinance No. 31
DEPARTMENT CONTACT: William Plummer, Deputy City Engineer, btdum@ci.carlsbad.ca.us
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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
mderground water supplies and to assist in meeting the future water requirements of the state;
and (California Water Code Section 1351 0); 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 water 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 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.
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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
3.11 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.
3.1 3 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.
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SECTION $: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 development.
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.
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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.
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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.
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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 (15) 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.
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INTRODUCED AND FIRST READ at a regular meeting of said Board of Directors held on
he 14thdayof JUNE , 2005, and thereafter,
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
, 2005 by the following vote, to wit: Nater District held on the day of
AYES:
NOES:
ABSENT:
ZLAUDE A. LEWIS, President
4TTEST
-0RRAINE M. WOOD, Secretary
4PPROVED AS TO FORM AND LEGALITY
3ONALD R. BALL, General Counsel
(SEAL)
ORDINANCE NO. 34-
An Ordinance of the Carlsbad Municipal Water District (District) Mandating Use of Redawwd -8 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 1351 0); and
WHEREAS, conservation of all available water resources requires the maximum reuse of wastewater for beneficial uses of water+& ( Water Code Section 461); and
water is available
SECTION 1 : FINDINGS
The state policies described abwe are in the best interest of the District. The majon'ty 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 certain. By developing and
ed water can be reduced. conside red unreasonable available or production of
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
water shall be used within the jurisdiction
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: DEflNlTlONS
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.
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3.4 COVER cross4mnctEan nrtroff txcxtnsng when th signage is in ptace for the on-site facilities,
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 connection with the on-site facilities, normally up to and including the water meter. OFF-SITE FACILITIES: Water facilities from the source of supply to the point of
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 $W2W€E2 RECYCLED WATER: F3edwmd ’ Rwyckrcl 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 Wable reS0l;lrce. (See California
Water Code Section 13050(n).)
3.12 43XUhW2 REGYCL€Q WATER DISTRIBUTION SYSTEMS: A piping system intended for the delivery of recyckd water separate from and in addition to the
potable water distribution system.
.
3.1 3 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 n&atmed ’ recycled water authorized by
law.
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 fedah& 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 Rectamation
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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 4%32AMW RECYCLED WATER SERVICE AREAS. A designation of the lands within the District service area that can or may in the future use %sla+m& ’ recycled water in lieu
of potable water. 43&awed ’ Rqed 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 tedahed 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 txskhed l~?G)fCled water.
4.2.5 MANDATORY R USE. Within the fedah&
reqalet6 water service area, a description of where greenbelt irrigation, agricultural irrigation, commercial off ice build al lakes, or industrial processes shall 6aft be limited to the use of +-edww& ’ recydeb water. This information can be used by District officials to mandate construction of txdatmd ’ recycfed water distribution systems or other facilities in new and existing developments for current or future fadawed ’ Wted 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.
LEI) WATER USE. Establish by
resolution, general rules and regulations governing the use and distribution of facMmed recycled water.
4.2.7 COORDINATION AMONG AGENCIES FOR RECYCLED WATER USE. An examination shall brs 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 +&atwid ’ recycled water.
4.2.6 RULES AND REGULATIONS FOR R
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 redatmd ‘ recycled water service area or the commencement of the design of new edamed . recycled water facilities, the District shall make preliminary determinations as to which esisting potable water customers shall be converted to the use of f.e&+m& * recycbd water. Each water customer shall be notified of the basis for a determination that conversion to edaimed 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
shall be conditions and time schedule for compliance, ~
sent to the water customer by certified mail.
..
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5.1.3 IMPLEMENTATION. The water customer shall be required to submit a plan of
implementation to the Carlsbad Municipal Water District's ExatiW b?Wiagef
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 fedawwd mcycjed water in accordance with all Federal, State
.. time to the Carlsbad Municipal Water District's 2 &xkrrt d Dit.e3c=to~s by submitting such appeal in writing to the Gewfal 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 Gewfa! Executive Manager or his designee, shall review the objection with the objector, and shall con determination or submit me objctctron to discretion may confirm, modify or ab atternathe program intended to facilftate the or'derfy
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 sewed with fx%Amed * recycled water or to include facilities designed to accommodate the use of w&+m& ' recycled water in the future. Based upon such determination, use of edahed recycled water and provision of f!wlam& ' recydedwater distribution systems or other facilities for the use of fedahed recycled water, and a-pemMw 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 f.&ahed recycled water or to include facilities designed to accommodate the use of wdaimed recycled
water in the future. Based upon such determination, use of fedahed recycled water and provision of fadamed * recycled water distribution systems or other facilities for the use of fedahed recycled water, and application for a permit for such use, may be required as a condition of approval of the application.
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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.
.. 5.2.4 REQUESTED SERVICE. On a case by case basis,
to use fx&atm& ' recycled water on a property not covered by Sections 5.1.1, 5.2.1, or 5.2.2
above, the District &a## shall review the Master Pian and make a determination whether the
subject property shall be served with tx?&mwd ' ratycted water. Based upon such determination, a wrZtten Notice of DetennCnatism will be pmvtded ta the water custamer by the Dktrict. #e
5-34 5.2.5 PLAN APPROVAL. Plans for the +TSMFR&
recycled water distribution systems for the parcel shall be reviewed
constructed. A recyCrled water rtumkr wilt be assigned by the Diet
placed on the pians for record purposes.
5.2.6 FJELD INSPECTION. Prior to the use of recycled water, the District will piitform a coverage test and cross-connection test of are in complhw with th@ gpproved Ptan aM) Services requirements for use of recyded wter.
customer will be required to fill out a NrJtise pmvkJed Rub t% Regulaffons for Recycled will also be required to attend the San Diego County W handling of recycled water, or other approved training
after the recycled water meter is instatled. The District and the City of Carlsbad has no requifsd fees for this work but the water customer is responsible for paying San Diego County
Dewmt of Environmental Health applicable fees associated with this work.
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5.3 TEMPORARY USE OF POTABLE WATER: At the discretion of the Cnndml Executive
Manager or his designee, potable water may be made available on a temporary basis until
fedahed recycled water is available. Before the applicant receives temporary potable water, a the on-site facilities weld inspwted by the
staff for new on-site distribution faciiitieS. Prior to commencement of fadame$ * recycied water
service, m-mp&w# * a wvemge and cross-conn@un test of the on-site facilities will be
conducted to verify that the facilities have been maintained and are in compliance with the fedahxi recycled water pwm+t irrigation system Plan
requirements for service. Upon verification of compliance,
served to the parcel for the intended use. The District Shall
are not in compliance, and the applicant shall be notified of the corrective actions necessary and
shall have sixty (60) days t The wter custom
5.4 !XGbWMD REGYfXED WATER RATE: The rate charged for reclaimed water shall be established by resolution of the Board of Directors.
SECTION 6: REGULATION OF BRINE DISCHARGE TO SEWAGE SYSTEM$
6.1 INTENT: The Cadsbad 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 sgurce, 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 sersices.
SECTION 7: SANCTIONS
7.1 PUBLIC: Discharge by any person or entity of wastes or the use of +x&aim& 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 ts&&ned 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 44ERMIT REVOCATION: In addition to any other statute or rule authorizing termination
of water service, the District may revoke 7 the use of recycled watm if a violation of any provision of this ordinance is found to exist or if a discharge of wastes or use
of FBdititT)BB/ recycled water causes or threatens to cause violation of this ordinance.
7.4 PENALTY: Except as provided in Subsection 7.1, any owner andlor operator who
violates this ordinance shall be subject to:
..
A
B. C.
A fine not exceeding one hundred dollars for the first violation;
A fine not exceeding two hundred dollars for the second violation within om year;
A fine not exceeding five hundred dollafs for the third violation within one year;
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D. vblatim within one year. A fine not exceeding one thousand dollars for the fourth and each additional
Each and every day during any partion of which any violation d this ordinme k committed, continued or permitted shalt be a separate offense.
nr hn I "I 3- 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 Gefwal Executhre 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: e
EFFECTIVE DAE: This ordinance shalt be &fedwe thirty (30) d Swtary af the Board be publbhwl at Eeast u B newspaper of g#meral dmla~m fifteen (1 5) days after i@ adoption.
SECTION 1-1: (REPEAL)
That or din an^ No. 31 of &the District, reelating to mandating the use of redaimed water, is hereby repealed in its entirety.
13 $ha# t%r€ify to the adoptiatz of Wi
INTRODUCED AND FIRST READ at a regular meeting of said Board of Directors held
on the day of ,2005, and thereafter,
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PASSED, APPROVED AND ADOPTED at a special mating of the Catjsbad Municipal
Water Djstrid heid on the day of ., * 2005 by the fottowing vote, to
wit:
AYE;&
ABSENT:
APPRWEP hS TO FOFM AND LEGALITY
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