1994-01 Mandating Use of Reclaimed Water
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ORDINANCE NUMBER 94 - 01
AN ORDINANCE OF THE
SAN DIEGUITO 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 (California Water Code, Section 13510);
and
WHEREAS, conservation of all available water resources requires
the maximum reuse of wastewater for beneficial uses of water (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 as follows that
Article 17. 12 is added to the Administrative Code to read 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 reclaimed water, the need for
addi tional 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.
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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 economicéÜly 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 non-contact 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 SYSTEM: 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 subject to industrial waste
discharge regulations imposed by law.
3.7 OFF-SITE FACILITIES: Water 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.
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3.10 RECLAIMED WATER: Reclaimed water means water which, as a
result of treatment of wastewater, is suitable for a direct
beneficial use to 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.
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 than
every five years.
4.2 CONTENTS OF THE RECLAMATION MASTER PLAN: The Master Plan shall
include, but not be limited to, 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 AREA. 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
OUALITY OF WATER TO BE RECLAIMED.
reclamation treatment facility, an
quality with respect to the effect
of reclaimed water to be served by
facility.
For each water
evaluation of water
on anticipated uses
each treatment
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.
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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 uses
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.
4.2.7
PUBLIC AWARENESS PROGRAM. Establish a comprehensive
water reclamation public awareness program.
4.2.8
COORDINATION AMONG AGENCIES. An examination of the
potential for initiating a coordinated effort between
the San Dieguito 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 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
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5.2
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5.1.4
"Rules and Regulations for Reclaimed Water Service" for
use in preparing the required plan of implementation.
The 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 Board of
Directors by submitting such appeal in writing to the
General Manager of the District.
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
with the objector, and shall confirm, modify or abandon
the preliminary determination.
5.2.1
DEVELOPMENT AND WATER SERVICE APPROVALS:
5.2.2
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
p~oposed 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 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.
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
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5.2.3
5.2.4
reclaimed water, and application for a permit for such
use, may be required as a condition of approval of the
application.
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.
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
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
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5.3.2
5.3.3
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.
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.
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, exercised to achieve the purposes of this Article,
potable water may be made available on a 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
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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.
SECTION 6.
REGULATIONS OF WASTE DISCHARGE TO SEWAGE SYSTEMS
6.1 INTENT: The San Dieguito 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 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 threate~s to cause violation of this
ordinance.
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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.
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 Section 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.
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SECTION 10.
This Ordinance
adoption.
shall
become
effective
thirty days
(30)
after
PASSED, ADOPTED AND APPROVED by the Board of Directors of the San
Dieguito Water District at an adjourned regular meeting held on the
19th day of October, 1994 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Directors Wiegand, Bond, DuVivier, Hano & Davis
None
None
None
7Jr~ CJ \
MAURA WIEGAND, p~
Board of Directors
ATTES't;;::'/
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/%~'i<~ '-< -"-< 7/:/1t ft[l t- ..-
./ MURRAY WARDEN, Secretary
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-0 Notice of Exempti.
. Supplnnmtary Docummt Q
To: 0
OffICe of Planning and Research
1400 Tenth Street. Room 121
Saaamento. CA 95814
F San Dieguito Water District
rom: (Public Agency)
POBox 231010
Encinita~10~
. Gr~ j, Smith, RecorderlCoonly Clerk
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PI]
County Clerk
County of San Diego
1600 Pacific Highway
San Diego, CA 92101
NOV 0 ß \994
~'~Ù~V
BY -"- DEP, " /'
P~j~TItæ: Mandating the Use of Reclaimed Water
P~ject location. Specific:
within San Dieguito Water District service area
P~ject location. City: Encini tas
P~ject Location. County: San Diego
Description of Project: Adoption of a Water Reclamation Ordinance which
maximizes resources conservation and streamlines implementation of
reclamation projects by establishing regulations for San Dieguito Water
District.
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Name of Public Agency Approving P~ject:
San Dieguito Water District
Name of Person or Agency Carrying Out P~ject: San Diegui to Water District
Exempt Status: (chøcJc one)
0 Ministerial (Sec. 2108O(bX1); 15268);
0 Declared Emergency (See. 2108O(b)(3); 15269(a»;
0 Emergency Project (Sec. 21OSO(bX4); 15269(bXc»;
!29Categorica1Exemption.Statetypeandsectionnumber: Class 7 Section 15307, Class. 8 Section
0 S Wutory Exemprions. S tate code number. not a p p 1 i cab 1 e 1 5 3 0 8
Reascns why p~ject Is exempt: This Ordinance is exempt from CEQA as actions taken
to assure the preservation and enhancement of water resources
Lead Agency
Contact Person: Victor Graves
Area CoddI'elephœeJExtension: (61 9 ) 6 3 3 - 2 8 4 8
II raJed by applicant:
1. Attach certified document of exemption fmding.
2. Has a Notice oC emption n fùed by the public agency approving the project? 0 Yes 0 No
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Lauren M. Wasser
0 Signed by Lead Agency
0 Signed by Applicant
"I'wID II filii OlOn to 0 8 1~
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4nAA EMOVED :.J~\¡ .
p~:'1' ;", : IO-V_lt.8-~R / ð c¡ 1
R,:I'I'ü ,,-~aD :0 AlL1N CY ON
nager
October J 989
D1iPUTY
ON . 243