76.1.1 DEFINITIONS.
As used in this Chapter, the following words and phrases shall have the meanings ascribed to them:
a) "Distribution main" is a water main, or part of the capacity thereof, designed or used to distribute water for fire protection and domestic use within a given territory served by the City.
b) "Supply main" is a water main, or a part of the capacity thereof, designed or used for the purpose of transporting water to a distribution main.
c) "Water main" is the principal pipe or conduit laid in a street or right-of-way through which water is transported or delivered by the City.
76.1.2 MUNICIPAL WATER DEPARTMENT.
There is hereby established in and for the City, a municipal water department, which department shall have jurisdiction, supervision and control of all the water development and distribution activities and systems of waterworks owned by the City and acquired or constructed from the proceeds of bonds issued by or on behalf of Municipal Water District No. 1, Municipal Water District No. 2, Municipal Water District No. 3 and Municipal Improvement District No. 1 of the City or otherwise, and which shall include, but shall not be limited to all water subfacilities attached thereto or subdivision lines and appurtenant connections thereto heretofore or hereafter laid in the streets of the City, whether located within the water districts or outside the respective boundaries thereof in other portions of the City, and such works and facilities may be referred to as the municipal waterworks system, excepting only those mains and distribution systems owned by individuals or by private water companies operating within the City. The department may be referred to as the Torrance Municipal Water Department or Water Department.
76.1.3 WATER SUPERINTENDENT; OFFICE CREATED; SUPERVISION OF WATER DEPARTMENT.
The Water Department, subject to the general control of the City Council, shall be under the direct supervision of the Water Superintendent of the City, which office is hereby created.
76.1.4 WATER SUPERINTENDENT; COMPENSATION.
The Water Superintendent shall receive such compensation for his services as the City Council may from time to time determine.
76.1.5 WATER SUPERINTENDENT; DUTIES GENERALLY.
It shall be the duty of the Water Superintendent to devote his entire working time to the affairs of the Water Department and to keep the City Council generally advised respecting the Department, its status, requirements and activities. He shall also see that the rules and regulations for water service from the system as provided in this Chapter are enforced.
76.1.6 CONTINUANCE OF EMPLOYEES IN CLASSIFIED SERVICE.
All employees of the City, including but not limited to the Water Superintendent, heretofore and now employed by the City in connection with the administration, maintenance and operation of the various water districts owned by the City and who are employees in the classified service of the City shall continue in the classified service.
76.2.1 WATER SERVICE.
(Amended by O-1436)
a) Before water service is furnished, a written application therefor on forms prescribed by the Director of Finance may be required from and signed by the customer desiring such service, giving therein evidence of financial responsibility including, but not limited to, the signer’s status as owner, tenant, agent, corporation officer, or partner, and any other information deemed necessary.
b) Each applicant for water service or any customer delinquent in payment of bills for water service may be required to guarantee payment of water or water service charges by making a cash deposit or a surety bond in such amount as may be from time to time established by resolution of the City Council.
c) Such deposits may be returned to the depositor no sooner than one (1) year from the time service was begun, provided that said depositor has paid before becoming delinquent all charges made against him by the City.
d) If the water service furnished to said depositor is discontinued for any reason, said deposit shall be applied to any unpaid City charges against the customer, and any remaining balance of such deposit may be refunded.
76.2.2 PAYMENT OF WATER BILLS.
(Amended by O-1436)
a) Water bills shall be due and payable on the day immediately following the billing date shown on each such bill, Sundays and legal holidays excepted.
b) Water bills shall become delinquent on the fifteenth calendar day after said billing.
c) Water service to a customer whose bill or bills are delinquent may be discontinued without further notice if any portion of the charges rendered on the water bill shall remain unpaid after the date of delinquency.
d) If service is so discontinued, a reconnection charge may be made in such amount as may be from time to time established by resolution of the City Council before said service is restored.
76.2.3 NEW SERVICE CONNECTIONS.
(Amended O-1436)
a) Meters shall be installed on all customer permanent water services.
b) Each house, structure or building under separate ownership shall be provided with a separate water service.
c) Two (2) or more houses, structures or buildings under one (1) ownership and on the same or contiguous lots or parcels of land may be supplied through one (1) water service.
d) Before any new service connection is made, the applicant shall pay an installation charge in such amount as may be from time to time established by resolution of the City Council for the particular size lateral and water meter required.
e) Upon payment of said installation charge, water service including meter, shall be installed from the distribution main to a point adjacent to the nearest property line.
f) Said water service shall remain the property of and shall be maintained, repaired and renewed by the City; provided, however, that the cost of any repairs, replacements or adjustments made necessary by any act of the customer or any agent thereof shall be charged to and collected from the customer.
76.2.4 ENLARGEMENT, CHANGE OR MOVING WATER SERVICE PIPE OR METERS.
If any consumer shall desire an enlargement, change or moving of any water service pipe or meters, the Water Department shall perform the necessary work and furnish the necessary materials to do so, and such consumer shall pay therefor the full cost of labor and materials involved, not to exceed, however, the maximum cost of the regular service of the type affected. No such change, enlargement or moving, however, shall be made if, in the opinion of the Water Superintendent, the same is not required or is not for the best interests of the City or of the Water Department.
76.2.5 METER READINGS.
(Amended by O-1436)
a) Water meters shall be read at intervals of approximately two (2) months, or as near thereto as convenient operation will permit; provided that the interval between two (2) successive meter readings shall be deemed a bi-monthly period for the purpose of computing water service charges.
b) Notwithstanding the provisions of subsection a), meters may be read at intervals of approximately one (1) month if the service is larger than two (2) inches in diameter or consumption is greater than average; provided that the interval between two (2) successive meter readings shall be deemed a monthly period for the purpose of computing water service charges.
c) Special meter readings may be ordered on any specified date for any reason deemed sufficient by the Director of Finance.
76.2.6 COMPUTATION OF CHARGES.
(Amended by O-1436)
a) The charge for service rendered in any bi-monthly period shall be computed by doubling the monthly quantities in each rate block and applying the monthly rate thereto; the minimum monthly charge and any monthly service charges shall also be doubled.
b) Opening and closing bills and bills for irregular periods shall be prorated on the basis of a thirty (30) day month, except that periods of fifty-four (54) to sixty-six (66) days, both inclusive, shall be deemed a bi-monthly period and periods of twenty-seven (27) to thirty-three (33) days, both inclusive, shall be deemed a monthly period.
c) For the purpose of computing charges, each meter upon a customer’s premises shall be considered separately, and readings from two (2) or more such meters shall not be combined as equivalent to measurement through a single meter.
d) Estimated bills may be rendered whenever the water meter is inaccessible and cannot be read, or when there is no meter, or when the meter fails to register properly, and said bills shall be computed on one of the following basis:
1) Previous consumption by metered service.
2) Average consumption during corresponding billing periods during which the meter registered correctly.
3) Consumption registered by a substituted meter and prorated as necessary.
4) Evaluation of seasonal demand, nature of use, volume of business, and any other factors, that may assist in determining the estimated consumption.
76.2.7 RATES.
(Amended by O-1436)
The rates to be charged and collected for water supplied through meters or otherwise by the Torrance Municipal Water Department, or for special services rendered by said Department, shall be from time to time established by resolution of the City Council.
76.2.8 DISCONNECTION OF SERVICE.
a) The City reserves the right at any time, without notice and without liability, to shut off the water in all or any of its mains or services for the purpose of making installations, improvements, repairs, removals or extension or for the purpose of performing any other work or act reasonably necessary or advisable in connection with the operation of the waterworks system.
b) The Water Superintendent shall have the right and is hereby authorized to disconnect or cause to be disconnected, any water service pursuant to the rights reserved in subsection a) and shall have the further right and is hereby granted the authority and right, without liability, to turn off the water from and to disconnect any service for any violation of any of the provisions of this Chapter by either the owner, or any tenant or person in possession or control of any premises from the waterworks system.
c) Any service that has been inactive for a period of five (5) years may, in the discretion of the Water Superintendent, be disconnected in the main and upon application for reinstallation of the same, the full installation charge for any water service shall be made.
d) The Water Superintendent may also, without liability, disconnect any service for nonpayment of statements rendered.
76.2.9 INSTALLATIONS IN NEW SUBDIVISIONS OR RESUBDIVISIONS.
a) At the time of laying out and subdividing or resubdividing any tract or parcel of land served or to be served with water by the waterworks system, the owner of such tract or land shall lay or cause to be laid, at the expense of such owner, in the public streets or right-of-way dedicated to public use therein, all water mains, submains and laterals necessary to properly serve water to such tract or land and each and every lot or parcel thereof and also the necessary fire hydrants for proper fire protection of the area involved. Upon the installation of such mains, submains, laterals and fire hydrants and when the same are connected, the mains, submains, laterals and fire hydrants thereby shall immediately become and be the property of the City and shall belong to the Water Department and water distribution system thereof. Such mains, submains, laterals, and fire hydrants shall be so laid and arranged as to properly and adequately serve water from the system to such tract or land and each and every lot and parcel thereof. The full expense of the furnishing and installation of all mains, submains, laterals and fire hydrants shall be paid by the owner of such tract or land.
b) Before the work of installing any mains, submains, fire hydrants or laterals shall be commenced, the owners proposing to install the same shall submit to the City Council a full detail map drawn to suitable scale showing the streets or public ways within which the same are to be laid and also showing by detailed drawings thereon, the location, size, class, type, quality and grade of pipe to be used; the exact location and depth of such pipe; the fittings to be used, including valves; and the fire hydrants proposed to be installed. Such plans must be properly presented in conformity with the provisions of this Code and any other ordinances of the City and of any governmental agency having jurisdiction in the premises in effect at the time, and none of the actual work of such installation shall be proceeded with until such map and specifications have received the written approval of the City Council and the Water Superintendent of the City.
The construction of all such water installation shall be subject to inspection by the Water Department and if such construction and installation is not undertaken in accordance with plans and specifications approved by the Water Department or if, during the course of construction and laying out of such mains, submains, laterals and fire hydrants, such work is not being done in accordance with the specifications approved by the Water Department or the materials therefor do not comply with the specifications approved by the Water Department, then and in such event the Water Superintendent of the City shall have the power, after reasonable notice, to order the work to cease until such time as the work or materials shall comply with such specifications.
c) In case the owner of any tract or land so desires, he may deposit or cause to be deposited with the Water Superintendent of the City such sum or amount as the Water Superintendent may indicate as being the estimated cost of such mains, submains, laterals and fire hydrants required to be installed and the cost of installation and connection thereof. Upon the making of any such deposit, the Water Department shall cause the necessary materials to be purchased and the necessary work to be done in order to construct and complete the improvements for such tract or land. Upon completion of the improvements, the Department shall compute the actual cost thereof to the Department, both for labor and materials, and thereupon add to such a sum equal to five (5) percent thereof. The cost plus the amount of five (5) percent shall thereupon be deducted from the deposit and the balance, if any, shall be repaid to the depositors thereof. In the event that such deposit is not sufficient to cover such cost and percentage, any balance shall be immediately due and payable to the Department of the City upon demand and shall be so paid to the City by such owner.
d) No subdivision or resubdivision map or plat of any tract or land within the City shall be accepted or approved by the City Council unless and until the necessary and required arrangements with regard to water service therein and fire protection service therein, as specified in this Chapter shall be made with the City Council including such financial guarantees or features as may be indicated in the premises.
e) All work of installation and connection of such mains, submains, laterals and fire hydrants, and all materials composed or used in connection with the same shall be subject to the inspection and must receive the approval of the Water Superintendent.
76.2.10 MINIMUM DIAMETER OF MAIN.
No water main shall be installed of less than six (6) inch diameter, unless its total length between connections to larger distribution mains is less than six hundred (600) feet or unless its primary purpose is circulation.
76.2.11 WHEN CAST IRON PIPE REQUIRED.
No pipe four (4) inches in diameter or over, other than cast iron or equivalent, shall be laid in the waterworks system except for temporary installation.
76.2.12 PROPOSED MAINS TO BE APPROVED BY WATER SUPERINTENDENT.
All proposed water main developments or extensions shall first be presented to the Water Superintendent for approval as to plans, specifications and materials to be used.
76.2.13 KEY MAP OF MASTER PLAN REQUIRED; FILES.
A key map of the master plan under this Chapter shall be maintained and kept in the Water Department office. Such map will show, in addition to main extensions, all new consumers added to any extension. Also, a file of each such extension will be maintained in the office of the Water Department.
76.2.14 WHEN ULTIMATE NEEDS EXCEED PRESENT NEEDS.
Where future plans of the Water Department or needs of the territory to be ultimately served require a distribution or supply main larger than that needed to serve the immediate area, the prospective consumer shall pay a service connection charge plus cost of construction and materials used in laying main extension line adequate to serve the immediate area under the same terms of the refund provided in Section 76.2.21. The Water Department shall bear the difference in cost of extending pipe and fittings of designed or planned size. The cost of the City’s engineering and inspection service shall be borne by the individual requesting such installation.
76.2.15 ORIGINAL MAINS; WHAT PROPERTY AFFECTED.
For the purpose of this Article, a water main shall be deemed to have been constructed for the benefit of the following property: all property described in the application for the construction thereof; or, if such main was constructed prior to the effective date hereof (March 25, 1952), all property for the immediate use of which such main was constructed, as determined by the Water Superintendent from records of the City; and all property which shall have been specially assessed to pay the cost thereof.
76.2.16 PROPERTY TO BE SERVED BY MAIN ABUTTING PROPERTY; WHEN EXTENSION REQUIRED.
Except where it is impracticable to do so, property shall be served with water from a water main installed in a street or right-of-way on which such property fronts or to which it is contiguous. If there be no such main, an extension of an existing water main shall be required as a condition to obtaining service.
76.2.17 PROPERTY NOT PREVIOUSLY SERVED; CHARGES.
If there is an existing water main from which service may be obtained, property not previously served may receive water service through such main upon payment of the service connection installation charge provided for, and except as hereinafter provided, upon payment of the water main construction charge provided for in Section 76.2.19.
76.2.18 WATER MAIN CONSTRUCTION CHARGES.
Where a water main construction charge is required to be paid, the amount thereof shall be the pro rata share of the actual cost of construction and the pro rata share of the actual cost of materials supplied therefor, such pro rata share being determined by the square footage of the lot or parcel of land to be served. The extent of each lot or parcel to be served shall be determined by the Water Superintendent, subject to the right of appeal of the applicant to the City Council for final determination in case of dispute.
76.2.19 WATER MAIN EXTENSIONS; CONSTRUCTION; CHARGES.
a) Where a water main extension is required to provide water service, it shall be made at the expense of the person applying for such service, except as hereinafter provided. Such extension shall extend from the nearest water main in place to and for the full length of that portion of the street or right-of-way on which the property to be served fronts, or to which it is contiguous, unless the Water Superintendent shall find the strict application of this Section inequitable as to any particular property, in which case he shall be and he is hereby authorized to modify this requirement so as to make the same equitable in its application. Such extension shall be a cast iron pipe, or equal, of adequate capacity to meet the requirements for a distribution main in the territory to be immediately or ultimately served thereby, as determined by the Water Superintendent in accordance with efficient operating requirements of the water system.
b) Where the installation of a water main extension becomes necessary and desirable in sparsely developed areas not subject to new subdivisions or resubdivisions, or where said areas are not properly served by water mains installed in existing developed streets, or where it would be inequitable to impose an additional charge without proportionate benefit to property owners now assessed for contiguous lots to streets under an assessment district or under a previous main extension, the Water Superintendent may determine that close adherence to the provisions of Sections 76.2.9. through 76.2.23. is not practicable, and may then proceed to make equitable distribution of main extension charges among the various owners as each property is developed.
The Water Superintendent is hereby authorized to adjust any inequity that may arise under the foregoing conditions by calculating the cost of installing mains, valves, hydrants and fittings adequate to serve all the prospective customers that would benefit from such a complete main extension, and to prorate this cost to the property owners of the lots so benefited on the basis of the front footage of the lot or parcel of land to be served. Construction of said main extension would be performed as required and the charges therefor allocated to the property owners at the time applications for service connections are received. Monies received for the installation and construction of said water mains or to connect to said water mains from property owners, respectively, shall be placed in the Water Main Extension Fund.
(O-1214)
c) The Director of Finance shall keep an account of all monies paid into and paid out of said fund and shall keep a record of all lots for which the money is paid into said fund and of all water mains installed with said monies. Monies in the Water Main Extension Revolving Fund may be mingled with other monies of the City, but may not be expended for any purpose other than the installation and construction of mains, valves, hydrants and fittings for property owners served within the meaning of this subsection.
(O-1214)
76.2.20 WATER MAIN EXTENSIONS; FINAL COSTS; REFUND; COLLECTION OF DEFICIT.
Upon receipt of an application for a water main extension to serve property having no available water main and upon receipt of a deposit from the applicant in such an amount as the Water Superintendent shall estimate to be sufficient to pay the cost of providing and installing the same, the Superintendent shall cause such extension to be made. The actual cost of such extension shall be not less than the amount which would be required to be paid as a water main construction charge if an available main existed. The application shall describe the property intended to be benefited by such extension. The City does not guarantee the installation of such main until the pipe has been ordered and delivery of same made to the City. Upon the completion of such extension and the determination of the actual cost thereof, any remaining portion of such deposit in excess of such cost shall be refunded. In case such deposit is insufficient, the applicant shall be liable to the City for such deficiency and shall pay the same immediately upon receipt of statement therefor. The service connection installation charge provided for shall be in addition to the amounts herein required to be paid.
76.2.21 WATER MAIN EXTENSIONS; REFUND OF CONSTRUCTION CHARGES AFTER COMPLETION.
Where water main extensions are installed at no expense to the City, either from its general fund, water fund or other municipal source, the water main construction charges thereafter received by the City relating to such respective extensions, within ten (10) years from the date of the completion of the installation of such extension, for subsequent service connections thereto from all other property immediately served by such extension, shall be refunded to the person who paid for such extension or to his successors or assigns; provided, that the amount of such refund shall in no case exceed the actual cost of such extension, less the amount which would have been required to be paid hereunder as a water main construction charge for service to the property for the benefit of which the extension was originally made. Refund of water main construction charges received by the City for service connection to water mains heretofore constructed shall be made pursuant to the respective agreements therefor existing on the effective date of this Section (March 25, 1952).
76.2.22 REQUESTS FOR EXTENSION BY PROSPECTIVE CONSUMER.
No main will be extended under any circumstances where the request for such extension is made by a prospective consumer unless an immediate need for such extension to provide actual, immediate service exists, unless in the opinion of the Water Superintendent an immediate, potential, early future actual use is indicated by the facts relating to the particular case.
76.2.23 RIGHT OF APPEAL.
(Amended by O-2822)
Any decision of the Water Superintendent may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1.
76.2.24 INJURING, DAMAGING, MOLESTING, STEALING, REMOVING, OR OTHERWISE INTERFERING WITH TANGIBLE PROPERTIES.
It shall be unlawful for any person to willfully, knowingly or intentionally injure, damage, molest, steal, remove or otherwise interfere with any of the tangible properties of the water distribution system acquired or hereafter acquired from the Torrance Water, Light and Power Company, a corporation, out of the proceeds of the sale of bonds of the "Act of 1927 Municipal Improvement District No. 1 of the City" or hereafter acquired, installed or constructed by the City or district. Such tangible properties and water distribution system shall be construed to include all pipes, mains, conduits, meters, water tanks, reservoirs, buildings, pumps or other real or personal property of every nature used in connection with the operation of the water system of the City or district, whether within or without the boundaries of the district.
76.2.25 WRITTEN CONSENT REQUIRED TO TURN ON, ETC., WATER SHUT OFF BY CITY.
It shall be unlawful for any person to turn on or use any water possessed, owned, furnished or supplied by the City or district after it has been shut off by the City or district without first obtaining the written consent of the City or district.
76.2.26 RECOVERY OF DELINQUENT WATER USAGE FEES
(Added by O-3906)
a) Water usage fees that remain delinquent for a period of 60 days shall constitute a lien against the property for which the water service was provided in accordance with the procedures stated in California Water Code Sections 72094, 72100, 72101, 72102, or any successor provision.
b) Water usage fees may be collected on the tax roll in the same manner and at the same time as general taxes, pursuant to California Water Code Sections 72094, 72100, 72101, 72102, or any successor provision. The City of Torrance may also seek other collection methods as provided by law.
76.3.1 PURPOSE.
a) The purpose of this Article is to:
1) Protect the public water supply against actual or potential cross connection by isolating within the premises any contamination which may occur because of some undiscovered or unauthorized cross connection on the premises, between the potable water system of the City as shown on the service area map shown in Figure 76.3.1, and a source of contamination;
2) Eliminate cross connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption;
3) Eliminate cross connection between drinking water systems and sources of contamination;
4) Prevent the making of cross connections in the future.
b) This control program is adopted pursuant to the regulations set forth in the California Administrative Code, Title 17, Public Health entitled "Regulations relating to Cross Connections" and as the same may from time to time be amended.
76.3.2 CROSS CONNECTIONS UNLAWFUL.
It is unlawful for any person, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross connection between plumbing pipes or water fixtures being served with potable water by the City Municipal Water Department service area and any other source of water supply or to maintain any sanitary fixture or other appurtenances or fixtures which by reason of their construction may cause or allow backflow of water or other substances into the water supply system and/or the service of water pipes or fixtures of any consumer served by the City.
76.3.3 CROSS CONNECTION PROTECTION REQUIREMENTS.
a) The places where protection is required; the type of protection required; the type of backflow prevention devices which are authorized for use; the method of installing such backflow prevention devices; the testing and maintenance of backflow prevention devices and the administrative procedures for testing, inspection, penalties, fees, termination of water service and licensing of backflow prevention device installers shall be set forth in regulations to be promulgated by the Water Utility Director.
b) Said regulations may be amended from time to time, and shall be available without charge to any person, firm or corporation required by this Article to provide cross connection protection.
Figure 76.3.1 Service Area Map
ARTICLE 4 - WATER CONSERVATION AND WATER SUPPLY SHORTAGE AND SUSTAINABILITY PROGRAM
(Added by O-3320; entire Chapter repealed and added by O-3717)
76.4.010 TITLE.
This Article will be known as the City of Torrance Water Conservation and Water Supply Shortage and Sustainability Program.
76.4.020 FINDINGS.
a) A reliable minimum and sustainable supply of Potable Water is essential to the public health, safety and welfare of the people and economy of the City of Torrance and the southern California region.
b) Southern California is a semi-arid region and is largely dependent upon imported water supplies. A growing population, climate change, environmental concerns, and other factors in other parts of the State and western United States, make the region highly susceptible to water supply reliability issues.
c) Careful water management that includes active water Conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs.
d) Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.
e) Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and Conservation of water be fully exercised with a view to the reasonable and beneficial use thereof.
f) California Water Code section 375 authorizes water suppliers to adopt and enforce a comprehensive water Conservation program to reduce water consumption and conserve supplies.
g) The adoption and enforcement of a Water Conservation and Supply Shortage and Sustainability program is necessary to manage the City’s Potable Water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within the City. Such program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare for current and future generations.
76.4.030 DECLARATION OF PURPOSE AND INTENT.
a) The purpose of this Article is to establish a Water Conservation and Supply Shortage and Sustainability program that will reduce water consumption within the City through Conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the City to avoid and minimize the effect and hardship of water shortage to the greatest extent possible.
b) This Article establishes permanent water Conservation standards intended to alter behavior related to water use efficiency for non-shortage conditions and further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies.
76.4.040 DEFINITIONS.
a) The following words and phrases whenever used in this Article have the meaning defined in this section:
1) "Allocation" means a form of water rationing that uses penalty pricing to achieve target reductions in water use.
2) "Billing Unit" means the unit of water used to apply water rates for purposes of calculating water charges for a Person’s water usage and equals 100 cubic feet or 748 gallons of water.
3) "City" means the City of Torrance.
4) "Conservation" means the practice of protecting against the loss or waste of natural resources.
5) "Customer" or "Water User" means a Person that uses Potable Water through a metered service connection.
6) "Landscape Irrigation System" means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.
7) "Large Landscape Areas" means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than one (1) acre of irrigable land.
8) "Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water within the City.
9) "Potable Water" means water which is suitable for drinking.
10) "Recycled Water" means the reclamation and reuse of non-Potable Water for beneficial use.
11) "Single Pass Cooling Systems" means equipment where water is circulated only once to cool equipment before being disposed.
12) "Sustainability" means a decision making concept describing water use that meets present needs without compromising the ability to meet future requirements.
76.4.050 APPLICATION.
(Amended by O-3782)
a) The provisions of this Article apply to any Person in the use of any Potable Water within the City. This Article applies to the Torrance Municipal Water service area and to the service areas of any other agencies providing water service within the City.
b) The provisions of this Article do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.
c) The provisions of this Article do not apply to the use of Recycled Water.
d) The provisions of this Article do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.
e) This Article is intended solely to further the Conservation of water. It is not intended to implement any provision of federal, State, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff.
76.4.060 PERMANENT WATER CONSERVATION REQUIREMENTS - PROHIBITION AGAINST WASTE.
(Amended by O-3782)
The following water Conservation requirements are effective at all times and are permanent, unless rescinded by the action of the City Council. Violations of this section will be considered waste and an unreasonable use of water.
a) Limits on Watering Hours: Watering or irrigating of lawn, landscape or other vegetated area with Potable Water is prohibited between the hours of 10 a.m. and 4 p.m. on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
b) Limit on Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area with Potable Water using a Landscape Irrigation System or a watering device that is not continuously attended is limited to no more than fifteen (15) minutes watering per day per station or per area. This subsection does not apply to Landscape Irrigation Systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a seventy percent (70%) efficiency standard.
c) No Excessive Water Flow or Runoff: Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
d) No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device or a low-volume, high-pressure water efficient water broom (Watermiser or equivalent brand) type or cleaning machine equipped to recycle any water used.
e) Obligation to Fix Leaks, Breaks or Malfunctions: Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the Water User’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than 15 days of receiving notice from the City, is prohibited.
f) Recirculating Water Required for Water Fountains and Decorative Water Features: Operating a water fountain or other decorative water feature that does not use recirculated water is prohibited. This provision will be effective 90 days after adoption of this Ordinance.
g) Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility.
h) Drinking Water Served Upon Request Only: Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, club or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any Person unless expressly requested.
i) Commercial Lodging Establishments Must Provide Option to Not Launder Linen Daily: Hotels, motels and other commercial lodging establishments must provide Customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language.
j) No Installation of Single Pass Cooling Systems: Installation of Single Pass Cooling Systems is prohibited in buildings requesting new water service.
k) No Installation of Non-recirculating in Commercial Car Wash and Laundry Systems: Installation of non-recirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.
l) Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves.
m) Limits on Watering During or After Measurable Rainfall: Watering or irrigating of any lawn, landscape or other vegetated area with Potable Water during a measurable rainfall is prohibited. Additionally, watering or irrigating of any lawn, landscape or other vegetated area with Potable Water within forty-eight (48) hours after a measurable rainfall is prohibited.
76.4.070 LEVEL 1 WATER SUPPLY SHORTAGE.
(Amended by O-3782)
a) A Level 1 Water Supply Shortage exists when the City determines, in its sole discretion, that due to drought or other water supply reductions, a water supply shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the City of a Level 1 Water Supply Shortage condition, the City will implement the mandatory Level 1 Conservation measures identified in this section. The type of event that may prompt the City to declare a Level 1 Water Supply Shortage may include, among other factors, a finding that the Metropolitan Water District of Southern California ("MWD") calls for extraordinary water Conservation and declares up to a 15% mandatory Allocation (rationing) within the MWD service area.
A Level 1 Water Supply Shortage condition exists when the City notifies its Water Users that due to drought or other supply reductions, a Customer demand reduction of up to 15% is necessary to make more efficient use of water and respond to existing water shortage conditions. Upon the declaration of a Level 1 Water Supply Shortage condition, the City shall implement the mandatory Level 1 Conservation measures identified in this ordinance.
b) Additional Water Conservation Measures: In addition to the prohibited uses of water identified in Section 76.4.060, the following water Conservation requirements apply during a declared Level 1 Water Supply Shortage:
1) Limits on Watering Hours and Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area with Potable Water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Watering or irrigating of lawn, landscape or other vegetated area with Potable Water using a Landscape Irrigation System or watering device is limited to no more than fifteen (15) minutes watering per day per station or per area.
2) Limits on Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with Potable Water is limited to 3 days per week on a schedule established and posted by the City. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than 2 gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
3) Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the Water User’s plumbing or distribution system must be repaired within 7 days of notification by the City unless other arrangements are made with the City.
4) Other Prohibited Uses: The City may implement other prohibited water uses as determined by the City, after notice to Customers.
76.4.080 LEVEL 2 WATER SUPPLY SHORTAGE.
(Amended by O-3782)
a) A Level 2 Water Supply Shortage exists when the City determines, in its sole discretion, that due to drought or other supply reductions, a water supply shortage exists and a consumer demand reduction is necessary to make more efficient use of water and respond to existing water conditions. Upon the declaration by the City of a Level 2 Water Supply Shortage condition, the City will implement the mandatory Level 2 Conservation measures identified in this section.
A Level 2 Water Supply Shortage condition exists when the City notifies its Water Users that due to drought or other supply reductions, a Customer demand reduction exceeding 15% to up to 30% is necessary to make more efficient use of water and respond to existing water shortage conditions. Upon the declaration of a Level 2 Water Supply Shortage condition, the City shall implement the mandatory Level 2 Conservation measures identified in this ordinance.
b) Additional Conservation Measures: In addition to the prohibited uses of water identified in Section 76.4.060 and 76.4.070, the following additional water Conservation requirements apply during a declared Level 2 Water Supply Shortage:
1) Limits on Watering Hours and Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area with Potable Water is prohibited between the hours of 8:00 a.m. and 6:00 p.m. on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Watering or irrigating of lawn, landscape or other vegetated area with Potable Water using a Landscape Irrigation System or watering device is limited to no more than ten (10) minutes per day per station or per area.
2) Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with Potable Water is limited to 2 days per week on a schedule established and posted by the City. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than 2 gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
3) Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the Water User’s plumbing or distribution system must be repaired within four days of notification by the City unless other arrangements are made with the City.
4) Limits on Filling Ornamental Lakes or Ponds: Filling or refilling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level under this ordinance.
5) Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to, any automobile, truck, van, bus motorcycle, boat or trailer, whether motorized or not, is prohibited except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, by high pressure/low volume wash systems, or at a commercial car washing facility that utilizes a recirculating water system to capture or reuse water.
6) Limits on Filling Residential Swimming Pools and Spas: Refilling of more than one foot and initial filling of residential swimming pools or outdoor spas with Potable Water is prohibited.
7) Other Prohibited Uses: The City may implement other prohibitions on water uses as determined by the City, after notice to Customers.
76.4.090 LEVEL 3 WATER SUPPLY SHORTAGE - EMERGENCY CONDITION.
a) A Level 3 Water Supply Shortage condition is also referred to as an "Emergency" condition. A Level 3 condition exists when the City declares a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to make more efficient use of water and respond to existing water conditions. Upon the declaration of a Level 3 Water Supply Shortage Emergency condition, the City will implement the mandatory Level 3 Conservation measures identified in this section.
A Level 3 Water Supply Shortage condition exists when the City notifies its Water Users that due to drought or other supply reductions, a Customer demand reduction exceeding 30% is necessary to make more efficient use of water and respond to existing water shortage conditions. Upon declaration of a Level 3 Water Supply Shortage condition, the City shall implement the mandatory Level 3 Conservation measures identified in this ordinance.
b) Additional Conservation Measures: In addition to the prohibited uses of water identified in Section 76.4.060, 76.4.070, and 76.4.080, the following water Conservation requirements apply during a declared Level 3 Water Supply Shortage Emergency:
1) No Watering or Irrigating: Watering or irrigating of lawn, landscape or other vegetated area with Potable Water is prohibited. This restriction does not apply to the following categories of use or to the use of Recycled Water providing it is available and may be lawfully applied to the use:
i) Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or a very low-flow drip type irrigation system when no emitter produces more than 2 gallons of water per hour subject to the hour restrictions in Section 76.4.060 (a);
ii) Maintenance of existing landscape necessary for fire protection;
iii) Maintenance of existing landscape for soil erosion control;
iv) Maintenance of plant materials identified to be rare or essential to the well being of rare animals;
v) Maintenance of landscape within active public parks and playing fields, day care centers, school grounds, cemeteries, and golf course greens, provided that such irrigation does not exceed 2 days per week according to the schedule established in Section 76.4.080 (b)(1) and time restrictions in Section 76.4.060 (a) and (b);
vi) Public works projects and actively irrigated environmental mitigation projects.
2) Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the Water User’s plumbing or distribution system must be repaired within two days of notification by the City unless other arrangements are made with the City.
3) Discontinue Service: The City, in its sole discretion, may discontinue service to Customers who willfully violate provisions of this section.
4) Other Prohibited Uses: The City may implement other prohibited water uses as determined by the City, after notice to Customers.
76.4.100 PROCEDURES FOR DETERMINATION/NOTIFICATION OF WATER SUPPLY SHORTAGE.
(Amended by O-3782)
a) Declaration and Notification of Level 1, 2, and 3 Water Supply Shortage:
1) The existence of Level 1, Level 2, and Level 3 Water Supply Shortage conditions may be declared by resolution of the City adopted at a regular or special public meeting held in accordance with State law. The mandatory Conservation requirements applicable to Level 1, Level 2 and Level 3 Water Supply Shortage conditions will take effect immediately upon adoption by the City Council.
2) In case of emergency, the City Manager will have the authority to declare a Level 1, Level 2, and Level 3 Water Supply Shortage condition subject to ratification by the City Council within 7 days or the order will have no further force or effect.
3) The City Council is authorized to implement mandatory Conservation requirements applicable to Level 1, Level 2 and Level 3 Water Supply Shortage conditions in order for the City to comply with water use restrictions imposed by federal, state or regional water agencies or respond to emergency water shortage conditions.
76.4.110 OTHER PROVISIONS.
(Amended by O-3782)
a) Commercial Car Wash Systems: Effective on January 1, 2012, all commercial conveyor car wash systems must have installed and operational recirculating water systems, or must have secured a waiver of this requirement from the City.
b) Large Landscape Areas - Rain Sensors: Effective January 1, 2012, Large Landscape Areas, such as parks, cemeteries, golf courses, school grounds, and playing fields, that use Landscape Irrigation Systems to water or irrigate, must use Landscape Irrigation Systems with rain sensors that automatically shut off such systems during periods of rain or irrigation timers which automatically use information such as evapotranspiration sensors to set an efficient water use schedule.
c) Construction Purposes: Recycled or other approved non-Potable Water must be used for construction purposes when available.
d) Limits on Building Permits: The City will limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the City’s adopted Conservation offset requirements.
e) Water Recycling Required if Alternative Available: The use of Potable Water, other than Recycled Water, is prohibited for specified uses after the City has provided to the Customer an analysis showing that Recycled Water is a cost-effective alternative to Potable Water for such uses and the Customer has had a reasonable time, as determined by the Public Works Director, to make the conversion to Recycled Water.
f) Water Recycling - New Service: Prior to the connection of any new water service, an evaluation must be done by the City to determine whether Recycled Water exists to supply all or some of the water needed and Recycled Water must be utilized to the extent feasible.
g) Administrative Rules: The Public Works Director shall have the authority to establish administrative rules, operating rules, procedures, and guidelines to implement and enforce this Article in accordance with its provisions and intent.
76.4.120 HARDSHIP WAIVER.
(Amended by O-3782)
a) Undue and Disproportionate Hardship: If, due to unique circumstances, a specific requirement of this Article would result in undue hardship to a Person using water or to property upon which water is used, such as addressing appropriate moisture content to maintain the integrity of foundations or structural components of buildings in expansive soil areas, that is disproportionate to the impacts to Water Users generally or to similar property or classes of Water Users, then the Person may apply for a waiver to the requirements in accordance with administrative procedures established by the City.
76.4.130 PENALTIES AND VIOLATIONS.
a) Misdemeanor: Any Person who violates any provision of this Article is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 30 days, or by a fine not exceeding $1,000, or by both fine and imprisonment.
b) Civil Penalties: In addition to all other remedies, the City may issue civil penalties for failure to comply with any provisions of this Article [and] are as follows:
1) First Violation: The City will issue a written warning and deliver a copy of this ordinance by mail.
2) Second Violation: The City will issue a second written warning and deliver a copy of this ordinance by mail.
3) Third Violation: A third violation within the preceding 12 calendar months is subject to fine not to exceed $100. This fine will [be] incorporated into the Customer’s water bill. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
4) Fourth Violation: A fourth violation within the preceding 12 calendar months is subject to a fine not to exceed $250. This fine will be incorporated into the Customer’s water bill. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
5) Fifth and Subsequent Violations: A fifth and subsequent violation is subject to a fine not to exceed $500. This fine will be incorporated into the Customer’s water bill. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
i) Water Flow Restrictor: In addition to any fines, the City may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of 48 hours.
ii) Termination of Service: In addition to any fines and the installation of a water flow restrictor, the City may disconnect and/or terminate a Customer’s water service.
c) Cost of Flow Restrictor and Disconnecting Service: A Person or entity that violates this Article is responsible for payment of the City’s charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the City’s schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the City before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
d) A violation of this Article is declared to be a public nuisance and may be abated by the City in accordance with its authority to abate nuisances.
e) The penalties and remedies listed in this Article are not exclusive of any other penalties and remedies available to the City under any applicable federal, state or local law and it is within the discretion of the City to seek cumulative penalties and remedies.
ARTICLE 5 - RECLAIMED WATER
(Added by O-3392)
76.5.1 PURPOSE.
The purpose of this Article is to:
a) Establish a City policy with regard to the use of reclaimed water that is consistent with State of California law that declares "that the use of potable domestic water for various non-potable uses is a waste or an unreasonable use of water, and prohibits a person or public agency from using potable domestic water for these uses, if reclaimed water is available and specified requirements are met."
b) Preserve the reliability of the potable public water supply during times of water shortage by diversification of source of supply through the use of reclaimed water for various non-potable uses.
c) Provide an alternative water supply source that will, in the long term, lower overall water costs to water customers in the City.
d) Provide a uniform means of implementing a reclaimed water program in the City.
76.5.2 DEFINITIONS.
For purposes of this Article, the following definitions shall apply:
a) Agricultural Purposes. Agricultural purposes include the growing of field and nursery crops, row crops, trees and vines, and the feeding of fowl and livestock.
b) "Artificial Lake" means a human-made lake, pond, lagoon or other body of water that is used wholly or partly for landscape, scenic or noncontact recreational purposes.
c) "Cost Competitive Water Pricing" shall mean that the price charged water users for reclaimed water shall be less than or equivalent to water rates for potable water furnished by the Torrance Municipal Water Department, taking into account all capital, water quality related or other costs for converting to the use of reclaimed water and the present and projected costs of supplying, delivering and treating potable domestic water for these uses.
d) "Development Project" shall have the same meaning as Section 65928 of the California Government Code.
e) "Economically Feasible" shall mean that the intended reclaimed water application be cost effective for both the reclaimed water supplier (i.e., City of Torrance Municipal Water Department) and the prospective reclaimed water user, taking into account all appropriate costs related to the provision of said reclaimed water service.
f) "Greenbelt Areas" means an area primarily devoted to nonagricultural open space. Greenbelt areas include, but are not limited to, golf courses, cemeteries, parks and landscaping.
g) "Industrial Process Water" means water used by any industrial facility with process water requirements, which include, but are not limited to, rinsing, washing, cooling, circulation, other process or construction.
h) "Off-Site Facilities" means water facilities from the source of supply to the point of connection with the on-site facilities, including the water meter.
i) "On-Site Facilities" means water facilities under the control of the owner, downstream from the water meter.
j) "Potable Water" means water that conforms to the federal, state, and local standards for human consumption.
k) Reclaimed Water. Reclaimed water means waste water that, as the result of treatment, is suitable for a direct beneficial use or controlled use that would not otherwise occur.
l) "Reclaimed Water Distribution System" means a piping system intended for the delivery of reclaimed water only, that is separate from any potable water distribution system.
m) "Technically Feasible" shall mean that the use of reclaimed water shall be achievable with the application of current available technology, and whether the uses, processes or equipment used on the site can safely and effectively be operated with reclaimed water. If required, an independent evaluation will be undertaken to determine technical feasibility.
76.5.3 USE OF RECLAIMED WATER.
a) In order to preserve fresh water aquifers, prevent saltwater intrusion into aquifers, and reduce the use of, and dependence upon, limited potable water supplies, reclaimed water shall be used in areas designated by the City providing its use is economically justified, financially and technically feasible, cost competitive with alternative potable water supplies furnished by the Torrance Municipal Water Department and consistent with legal requirements and the preservation of public health, safety, welfare and the environment.
b) Reclaimed water delivery systems in the City will be constructed on a phased basis in a manner that is economically and technically feasible.
76.5.4 EVALUATION OF DEVELOPMENT PERMITS.
Every subdivision, parcel map, or other development permit application, within the designated reclaimed water service area shall be reviewed to determine if the use of reclaimed water would be feasible for landscape irrigation, cooling tower use, or other application. The use of reclaimed water will be required if the following conditions exist:
a) Reclaimed water is available to the user and meets the requirements of the State Department of Health Services.
b) The use of reclaimed water will not cause any loss or diminution of any existing water right.
c) The irrigation system, reclaimed water distribution system, cross-connection control and monitoring methods can be designed to meet the standards required by the State of California.
d) Appropriate control measures can be provided in accordance with the standards of the State of California where the use of reclaimed water will, or might, create a mist.
e) Reclaimed water service is both economically and technically feasible and cost competitive for prospective reclaimed water customers.
76.5.5 ORDER OF SERVICE.
Reclaimed water will be served first to those properties that have the necessary on-site facilities installed and are ready for use.
76.5.6 AGREEMENT FOR SERVICE.
a) Any person, firm or corporation applying for use of reclaimed water must agree in advance on the amount of reclaimed water to be used on the property in order that the limited supply may be apportioned.
b) As an option, any person, firm or corporation entering into a voluntary agreement with the City for reclaimed water service shall be excluded from the requirements of this Article.
76.5.7 FUTURE USERS.
In the event a development application is reviewed and found to be a suitable application for the use of reclaimed water, but reclaimed water is not yet available to the property, such development permit shall be conditioned to require an appropriate reclaimed water distribution system within the project to accommodate reclaimed water at such time as reclaimed water becomes available to the site.
76.5.8 CONVERSION TO RECLAIMED WATER.
a) The City Engineer, in consultation with prospective reclaimed water users, shall implement a program of review of each parcel of property within the City to determine which parcels would be appropriate for using reclaimed water for industrial processing, landscape irrigation, or other appropriate uses by the then existing users.
b) In making such determination, the City Engineer, in consultation with prospective reclaimed users, shall consider, but not be limited to, the following factors:
1) Whether reclaimed water is available to the site.
2) Whether the uses, processes or equipment used on the site can safely and effectively be operated with reclaimed water.
3) Whether it is feasible to modify on-site facilities to utilize reclaimed water.
4) Whether the use of reclaimed water would be cost effective, technically feasible and cost competitive for prospective reclaimed water customers.
c) If a property is identified as being suitable for use of reclaimed water and reclaimed water is available to the site, the property owner shall be so notified.
d) Within six (6) months of such notification, the property owner or the occupant of the property must either: apply for the use of reclaimed water and commence the necessary work to convert to reclaimed water, or provide satisfactory evidence to the City that conversion of the site to use reclaimed water is not technically or economically feasible, or would result in the loss or diminution of an existing water right, or would be harmful to the public health, safety, welfare or to the environment. At the time of commencing the work, the property owner shall furnish the City a schedule showing the time frame of when the conversion work will be completed. The City Engineer may grant an extension of time for the preparation of studies, environmental review or other good reason.
e) In the event the property owner or the occupant fails, neglects, or refuses to convert to the use of reclaimed water, such owner or occupant shall pay to the City a surcharge on the amount of potable water used on the site in an amount to be set from time-to-time by resolution of the City Council.
76.5.9 TEMPORARY DISCONTINUANCE OF SERVICE.
a) In the event reclaimed water supplies should be temporarily reduced such that not all reclaimed water users can be served, the City shall continue to serve those users deemed to be critical users and may temporarily discontinue reclaimed water service to those users deemed to be noncritical users.
b) For purposes of this Section, the following definitions shall apply:
1) Critical users are those users who utilize large quantities of reclaimed water and for whom a reduction or discontinuance of reclaimed water supplies would result in either unusual demands on the potable water supply, reduced production, or cessation of operations.
2) Noncritical users are those users of reclaimed water who utilize smaller quantities of reclaimed water and for whom discontinuance would either result in minimum demands on the potable water supplies, or for whom a temporary discontinuance of reclaimed water would have minimal or no effect on production or overall operations.
76.5.10 DISCONTINUANCE OF SERVICE BY USER.
a) Any reclaimed water user that discontinues the use of reclaimed water to any property may subsequently reapply for reclaimed water service, but such service will be approved only if there is an adequate supply of reclaimed water available.
b) Any user of reclaimed water that discontinues use without reasonable cause shall pay the surcharge price for potable water thereafter.
76.5.11 DISCONTINUANCE OF SERVICE BY CITY.
The City may discontinue the supply of reclaimed water to any property in order to supply a more critical user. In such event, the user that is discontinued will be reconnected to the potable water supply without payment of the surcharge.
76.5.12 RECLAIMED WATER METERING AND INSTALLATION.
a) Reclaimed water shall only be served from a separate meter and connection to the property located a minimum of ten (10) feet horizontally from the domestic service.
b) Each such plumbing installation shall be subject to inspection prior to the service of reclaimed water to assure that no cross-connection between the two (2) water systems exists or is possible by means of such things as anti-siphon devices, cross-connecting preventers, or separate, distinct markings of the plumbing fixtures, faucets and piping.
76.5.13 CONDITIONS OF SERVICE.
a) In order to implement the provisions of the subject reclaimed water ordinance, the City Engineer shall develop conditions of service delineating appropriate procedures, processes and rules for implementing the use of reclaimed water in the City. The conditions of service shall include, but are not limited to, technical specifications, standards, cross-connection requirements, application procedures and other procedures as required.
b) The conditions of service shall be amended by the City Engineer as required.
76.5.14 APPEAL PROCESS.
a) A prospective reclaimed water user may within thirty (30) days of receipt of notice requiring that the subject water user either incorporate or convert to reclaimed water for certain water uses on the subject property, in accordance with the provisions of the ordinance codified in this Article, may file a written request to the City Engineer for appeal stating the reasons why the use of reclaimed water would not be feasible.
b) If the appeal is denied by the City Engineer, the applicant may submit the appeal to a board, appointed by the City Manager, to be known as the Reclaimed Water Administrative Hearing Board.
c) The decision of the Administrative Hearing Board shall be final, except that an appeal may be filed with the City Council by any person reasonably affected by the use of reclaimed water if the person is not in agreement with the decision of the Administrative Hearing Board. The appeal to City Council shall be in accordance with Article 5, Chapter 1, Division 1 of the Torrance Municipal Code commencing at Section 11.5.1