Chapter 5.40 RECYCLED WATER USE

Western Municipal Water District depends on imported water for domestic, agricultural, and commercial uses. This imported supply is considered limited and should be reserved for the highest and best use of potable water.

The district owns and operates the Western Water Recycling Facility which currently supplies secondary treated wastewater for irrigation purposes. Said facility is undergoing an expansion of its treatment capacity from 1,000,000 to 3,000,000 gallons per day (MGD) and an upgrade of its processing capability to produce high quality tertiary treated recycled water. Tertiary treated recycled water can be used for all nonpotable applications including, but not limited to, irrigation and agricultural water service. (See Article II of this chapter, Definitions, for an explanation of secondary and tertiary treated wastewater.) The district also has access to other supplies of tertiary treated wastewater from neighboring utilities.

Depending on the level of treatment supplied, recycled water, in lieu of nonpotable or potable water supplies, can be used to irrigate greenbelts, parkways, public parks, athletic fields, nurseries, and agriculture. Recycled water, in lieu of nonpotable or potable water supplies, can also be used for industrial processes, construction, landscape or recreational impoundments, wildlife habitat, or groundwater recharge.

The appropriate use of recycled water represents a wise use of a scarce resource and can reduce the need for additional imported water supplies. (Ord. 377 § 1, 2010; Ord. 364 § 1(1.1), 2006)

5.40.020 Purpose.

The purpose of this chapter is to promote the conservation of water resources and ensure the maximum public benefit is derived from the use of the district’s recycled water by regulating its use in accordance with applicable federal, state, and local regulations. (Ord. 364 § 1(1.2), 2006)

5.40.030 Policy.

It is the policy of Western Municipal Water District that recycled water determined to be available pursuant to Section 13550 of the Water Code shall be used for appropriate nonpotable uses within the district whenever it: (A) provides a beneficial use to the customer, (B) is economically and technically feasible, (C) is consistent with applicable regulatory requirements, and (D) is in the best interests of public health, safety, and welfare.

Western Municipal Water District is committed to expanding the use of recycled water within the district to minimize the need for new sources of imported water.

The district reserves the right to require customers to use recycled water in lieu of nonpotable or potable water supplies for all approved uses. This provision is understood to apply to existing customers as well as new customers applying to the district for water service. In regard to existing customers, a notice of the determination to use recycled water shall be mailed explaining the reasons for use and resultant procedures needed to facilitate recycled water use as well as the proposed conditions and schedule for the proposed conversion. Partial or full conversion of existing customers to recycled water use may be mandated only as allowed or required by law.

It is the district’s further intent to maintain recycled water quality by implementing and maintaining a rigorous pretreatment program for industrial and commercial customers. (Ord. 377 § 2, 2010; Ord. 364 § 1(1.3), 2006)

5.40.040 Scope.

This chapter establishes the requirements for recycled water use and the provision of recycled water service within the boundaries of the Western Municipal Water District. If there is any conflict between the provisions of this chapter and the provisions of any of the documents incorporated by reference, the most stringent requirement will apply.

A. Documents Incorporated by Reference. The following documents, as amended, are incorporated herein and by this reference made a part hereof as though fully set forth:

1. California Code of Regulations, Title 22, Division 4 (California recycled water regulations).

http://www.dhs.ca.gov/ps/ddwem/publications/waterrecycling/purplebookupdate6-01.PDF

2. California Code of Regulations, Title 17, Division 1, Chapter 5, Group 4 (California cross-connection control regulations).

http://www.dhs.ca.gov/ps/ddwem/publications/waterrecycling/purplebookupdate6-01.PDF

3. Manual of Cross-Connection Control/Procedures and Practices, California Department of Health Services.

4. Guidelines for the Preparation of an Engineering Report for the Production, Distribution, and Use of Recycled Water, California Department of Health Services.

http://www.dhs.ca.gov/ps/ddwem/publications/waterrecycling/ERGUIDE2001.PDF

5. Guidelines for Distribution of Nonpotable Water, California-Nevada Section American Water Works Association.

6. Developer Handbook and Standard Drawings for Water, Recycled Water, and Sewer Facilities, Section 2.5, “Design Criteria for Recycled Water Facilities,” and Section 9.0, “Standard Drawings,” Western Municipal Water District.

7. Recycled Water Use Guidelines, Western Municipal Water District.

8. Guidelines for Water Reuse, U.S. Environmental Protection Agency, EPA625/R-04/108. (Ord. 364 § 1(1.4), 2006)

Article II. Definitions

5.40.050 Definitions.

“Agricultural use” means water used on a scheduled basis to irrigate parcels having five or more acres planted with a commercial crop. Agricultural uses include, but are not limited to, the growing of field and nursery crops, row crops, trees and vines and the feeding of fowl and livestock.

“Applicant” means any person or group of persons who applies for recycled water service from the district.

“As-built drawings” means engineered drawings that depict the completed facilities as constructed or modified.

“Backflow” means a condition which results in the flow of water into district pipelines from a source other than an approved water supply.

“Board” means the board of directors of Western Municipal Water District of Riverside County.

“Commercial use” means any building for office or commercial uses with water requirements that include, but are not limited to, landscape irrigation, toilets, urinals and decorative fountains.

“Cross-connection” means any physical connection between the customer’s piping system, served from the district, and that of any other water supply or on-site use which does not meet the state requirements for drinking water.

“Customer” means an individual, company, association, partnership, or public or private corporation to whom the district provides service.

“District” means the Western Municipal Water District of Riverside County and its individual improvement districts.

Economically Feasible. Economic feasibility will be determined by considering relevant factors including, but not limited to, comparing the present and projected costs of supplying, treating, and delivering treated potable water with the present and projected costs of supplying, treating, and delivering recycled water for appropriate uses and determining that the cost of supplying the recycled water is comparable to or less than the cost of supplying treated potable water.

“Interim service/facilities” means alternate service and facilities until such time as recycled water becomes available to project site for use.

“Landscape impoundment” means a body of water used for aesthetic or irrigation purposes and not intended for public contact or ingestion, which may contain recycled water.

“Nonpotable/untreated water” means water which is untreated and does not meet drinking water standards as specified under the California Safe Drinking Water Act. Nonpotable water includes recycled water.

“Off-site recycled water facilities” means facilities under the control of the district from the source of supply to the point of connection to the customer’s on-site facilities, normally up to and including district’s service connection. Such facilities shall include, without limitation, recycled water transmission mains, recycled water pipelines, reservoirs, pumping stations, treatment plants and other appurtenances and property.

“On-site recycled water supervisor” means a qualified person designated by a recycled water user and approved by the district who shall be knowledgeable in the (1) construction and operation of the on-site recycled water system, and (2) federal, state, and district regulations governing the use of recycled water. The approval by the district as set forth herein shall not constitute any representation or warranty by the district as to the performance or qualifications of said person nor shall said person be deemed to be an employee, agent or any other representative of the district to any degree whatsoever.

“On-site recycled water system” means the customer-operated portion of the recycled water system facilities extending from a district service connection to the parcel to be provided with recycled water service.

“Potable/treated water” means water which has been treated to meet the drinking water standards as specified under the California Safe Drinking Water Act.

“Recycled water” means water available from the district’s recycled water facilities that may include a combination of treated wastewater and untreated (raw) water. Specifically, as defined by California Code of Regulations Title 22, Section 60301, as amended.

1. “Disinfected secondary-2.2 recycled water” means recycled water that has been oxidized and disinfected so that the median concentration of total coliform bacteria in the disinfected effluent does not exceed a most probable number (MPN) of 2.2 per 100 milliliters utilizing the bacteriological results of the last seven days for which analyses have been completed, and the number of total coliform bacteria does not exceed an MPN of 23 per 100 milliliters in more than one sample in any 30-day period.

2. “Disinfected secondary-23 recycled water” means recycled water that has been oxidized and disinfected so that the median concentration of total coliform bacteria in the disinfected effluent does not exceed a most probable number (MPN) of 23 per 100 milliliters utilizing the bacteriological results of the last seven days for which analyses have been completed, and the number of total coliform bacteria does not exceed an MPN of 240 per 100 milliliters in more than one sample in any 30-day period.

3. “Disinfected tertiary recycled water” means a filtered and subsequently disinfected wastewater that meets the following criteria:

a. The filtered wastewater has been disinfected by either:

i. A chlorine disinfection process following filtration that provides a CT (the product of total chlorine residual and modal contact time measured at the same point) value of not less than 450 milligram-minutes per liter at all times with a modal contact time of at least 90 minutes, based on peak dry weather design flow; or

ii. A disinfection process that, when combined with the filtration process, has been demonstrated to inactivate and/or remove 99.999 percent of the plaque-forming units of F-specific bacteriophage MS2, or polio virus in the wastewater. A virus that is at least as resistant to disinfection as polio virus may be used for purposes of the demonstration.

b. The median concentration of total coliform bacteria measured in the disinfected effluent does not exceed an MPN of 2.2 per 100 milliliters utilizing the bacteriological results of the last seven days for which analyses have been completed and the number of total coliform bacteria does not exceed an MPN of 23 per 100 milliliters in more than one sample in any 30-day period. No sample shall exceed an MPN of 240 total coliform bacteria per 100 milliliters.

“Recycled water agreement” means an executed contract between the district and the customer, as a condition for obtaining recycled water service.

“Unauthorized discharge” means any release of recycled water that violates the provisions of this chapter or any applicable federal, state, district, or local statutes, regulations, ordinances, contracts or other requirements.

“Use area” means the specific area designated to be served recycled water through on-site recycled water facilities.

“Water service connections” means the physical water facilities from the district water main to the customer lateral, usually consisting of:

1. The service lateral assembly, which includes the tap to the main, connection valve or corporation stop, service lateral, and curb stop or linesetter; and

2. The meter assembly, which may include the meter, meter box or vault, backflow device, and customer valve. (Ord. 377 § 3, 2010; Ord. 364 § 1(2.0), 2006)

Article III. Facility Requirements

5.40.060 Off-site recycled water facilities and service connections.

Off-site recycled water facilities and service connections shall be planned, furnished, and installed in accordance with the standard plans and specifications presented in the district’s Developer Handbook and Standard Drawings for Water, Recycled Water, and Sewer Facilities, Section 2.5, “Design Criteria for Recycled Water Facilities,” and Section 9.0, “Standard Drawings.” All off-site recycled water facilities and connections shall also comply with applicable federal, state, and local statutes, ordinances, and regulations. Before the district grants final acceptance of any system using recycled water, as-built drawings of the system shall be provided. The installed system shall be tested in accordance with the district’s standard specifications to ensure that the system is in full compliance with these rules and regulations. Plans and specifications for all recycled water distribution facilities shall be submitted to and approved by the district, and other applicable regulatory agencies, in advance of construction.

The district will assume responsibility for providing recycled water service to the point of connection upon transfer, to the district, of title to all off-site recycled water systems and any necessary easements. All easements shall be in a form acceptable to the district, and not subject to outstanding obligations to relocate such facilities or any deeds of trust, except in instances where such is determined by the district to be in the best interest of the district.

The district and the customer or developer may enter into a reimbursement agreement for the portions of a recycled water system that are required to be oversized with capacity to supply more recycled water than the customer or developer requires. The determination to enter into a reimbursement agreement, and the specific items that are subject of reimbursement, will be made by the district in its sole discretion.

All recycled water facilities installed by the district for the purpose of supplying recycled water service shall remain the property of the district and will be maintained, repaired, or replaced by the district. Any person who damages such facilities, and any property owner who knowingly or negligently permits such damage to occur, will be liable to the district. An easement or right-of-way may be required for the protection or maintenance of the facilities on private property.

The district has the right to determine the location, size, and capacity of the service connection.

The district reserves the right to limit the use area to be supplied by one service connection to one customer. A service connection shall not be used to supply adjoining property of a different customer unless approved by the district.

Every off-site service connection shall be equipped with a valve on the inlet side of the meter to control the water supply through the meter assembly. District ownership and maintenance responsibilities terminate at the valve on the user’s side of the meter assembly.

Under certain circumstances and subject to the availability of funds, the district may elect to contribute to the cost of constructing facilities needed to deliver recycled water to an applicant’s property or reimburse applicant for costs incurred to oversize facilities.

Requests for modification or relocation of an existing service connection shall be made to the district in writing and paid for in advance before the district will begin work.

The public domestic water supply shall not be used as a backup or supplemental source of water for a recycled water system unless the connection between the two systems is protected by an air gap separation which complies with the requirements of Sections 7602(a) and 7603(a) of California Code of Regulations Title 17 and the approvals of the domestic system and cross-connection protection have been obtained. (Ord. 364 § 1(3.1), 2006)

5.40.070 On-site recycled water facilities.

Each customer shall be responsible, at its sole cost and expense, for furnishing, installing, operating, and maintaining all facilities and cross-connection control necessary to convey water from the meter assembly to the use area.

On-site recycled water facilities and service connections shall be planned, furnished, and installed in accordance with the standard plans and specifications as presented in the district’s Developer Handbook and Standard Drawings for Water, Recycled Water, and Sewer Facilities, Section 2.5, “Design Criteria for Recycled Water Facilities,” and Section 9.0, “Standard Drawings.” All on-site recycled water facilities and connections shall also comply with applicable federal, state, and local statutes, ordinances, and regulations.

Plans, specifications, and drawings for recycled water facilities shall be submitted and approved by the district and the California Department of Public Health (CDPH) prior to commencing construction.

The district shall inspect the construction of all recycled water facilities to ensure compliance with applicable regulations and conformance with approved plans.

The district may determine, in its discretion, to fund certain costs and expenses including, but not limited to, the initial site survey which may be required and/or retrofit costs such as the costs for sprinkler heads and identification signs.

Operations of all on-site recycled water systems shall conform to the requirements stipulated in Article V of this chapter, Operational Requirements.

The installed recycled water system shall be tested under active conditions in the presence of the district inspector and other personnel as directed by the CDPH to ensure compliance.

Areas irrigated with recycled water must be kept completely separate from domestic water wells and reservoirs. Tertiary recycled water shall not be applied or allowed to migrate to within 50 feet of any well used for domestic supply. No impoundment of tertiary recycled water shall be located within 100 feet of any domestic water well, unless it can be demonstrated that special circumstances justify lesser distances to be acceptable as determined in the district’s sole discretion. Additional restrictions will be required for secondary recycled water. (Ord. 377 § 4, 2010; Ord. 364 § 1(3.2), 2006)

5.40.080 Interim service facilities.

Interim service facilities are those facilities that employ either potable or untreated water until such time as recycled water becomes available for use.

In areas where recycled water is not immediately available when the use area is ready for construction, and if the district has determined that recycled water will be supplied in the future, on-site facilities shall be designed and constructed to use recycled water. Provisions shall be made to allow for connection to the district of off-site recycled water facilities, when available. In the interim, potable or other suitable water may be supplied to the on-site facilities through an interim service connection.

An approved backflow assembly is required on the interim service while the on-site facilities are using an alternate source of water. If and when recycled water becomes available, the interim connection and backflow assembly will be removed and connection made to the on-site facilities upon approval of the district, at the customer’s expense.

When recycled water becomes available, an inspection of the on-site facilities and cross-connection control test shall be provided, at the customer’s expense, with the approval and inspection of the district to verify that the facilities have been maintained and are still in compliance with the permit. Upon verification of compliance, recycled water shall be supplied to the site. (Ord. 364 § 1(3.3), 2006)

5.40.090 Conversion of facilities.

A. Conversion from Potable to Recycled Water Use. Prior to converting an existing potable water system for recycled water use, the district shall review the record drawings and determine the measures necessary to bring the system into full compliance. No existing potable water facilities shall be converted to, or incorporated into, the recycled water system without proper testing and approval by district and/or other regulatory agencies.

B. Conversion from Nonpotable to Recycled Water Use. Prior to converting an existing nonpotable water system for recycled water use, the district shall review the record drawings and determine the measures necessary to bring the system into full compliance. No existing nonpotable water facilities shall be converted to, or incorporated into, the recycled water system without proper testing and approval by district and/or other regulatory agencies.

C. Conversion from Recycled to Nonpotable Water Use. If the district deems it necessary to convert recycled water facilities for nonpotable water use, it shall be the responsibility of the customer, at customer’s expense, to implement the following, as determined by district:

1. The recycled water service shall be removed and disconnected by positive means (i.e., removal of spool, blind flanges, or other approved method), and tested to confirm isolation.

2. Approved backflow assemblies shall be installed on all nonpotable water meter connections.

3. The special recycled water quick-couplers shall be removed and replaced with approved valves for nonpotable water systems.

4. All on-site personnel and potential users shall be notified of the conversion to nonpotable water.

5. All recycled warning labels/signs shall be removed.

D. Conversion from Recycled to Potable Water Use. If the district deems it necessary to convert recycled water facilities for potable water use, it shall be the responsibility of the customer, at customer’s expense, to implement the following, as determined by the district:

1. Isolation and testing of the recycled water supply. Service shall be removed and plugged by the district at the district main or abandoned in a manner approved by the district.

2. Installation of approved backflow assemblies on any and all water meter connections as determined by the district’s cross-connection program.

3. The special recycled water quick-couplers shall be removed and replaced with approved valves for potable water systems.

4. All on-site personnel and potential users shall be notified of the conversion to potable water.

5. All recycled warning labels/signs shall be removed.

6. CA DHS shall be notified prior to conversion, and upon completion of the conversion to potable water. (Ord. 364 § 1(3.4), 2006)

5.40.100 Identification of recycled water facilities.

Exposed portions of the customer’s recycled water facilities shall be clearly identified at sufficient intervals in accordance with local and health department requirements, and as presented in the district’s Developer Handbook and Standard Drawings for Water, Recycled Water, and Sewer Facilities, Section 2.5, “Design Criteria for Recycled Water Facilities,” and Section 9.0, “Standard Drawings.” All recycled water piping and appurtenances in new installations and above ground facilities in retrofit installations shall be colored purple or distinctively wrapped with purple tape in accordance with Chapter 7.9, Section 4049.54 of the California Health and Safety Code, as amended. The same colors and/or symbols shall be used throughout the system to indicate recycled water facilities.

All outlets from recycled water services shall be posted as being unsafe for drinking purposes.

Water meters used for recycled water service shall not be used for potable water service. (Ord. 377 § 5, 2010; Ord. 364 § 1(3.5), 2006)

5.40.110 Cross-connection prevention.

A. Backflow Assembly. Wherever backflow protection is required, the customer, at his expense, shall install, test, and maintain an approved backflow assembly in accord with district Ordinance No. 370 and the California Code of Regulations (CCR) Title 17, Section 7605, as amended, as a prerequisite to receiving recycled water service. Backflow testing shall be conducted annually, or more frequently if, in the evaluation of the district, a potential hazard exists. These devices shall be located at the property line served immediately downstream of the meter. All devices shall be readily accessible for testing and maintenance and no device shall be submerged at any time.

B. Water Pressure. The district shall, at its discretion and whenever possible, operate the recycled water system at a lower pressure than the district potable water system, to prevent contamination of the potable system in the event of a cross-connection.

C. System Testing. Recycled water users will be required to conduct a cross-connection control test of the integrity of the on-site recycled water system at those facilities having both potable water service and recycled water service every four years or more frequently if the district determines that a potential hazard exists. The cross-connection tests may be monitored by the district and the CDPH.

D. Methods of system testing include, but are not limited to: (1) isolating each system in turn and recording the internal pressure of the isolated system in accordance with regulatory agency-approved shutdown test procedure; or (2) introducing tracer dyes into the system to determine existence of backflow into the potable water system. At sites that are not required to submit plans to building departments prior to modifications to the plumbing system such as schools, post offices, or other public facilities, the district shall have the property owner conduct a cross-connection control test as described above every four years. (Ord. 377 §§ 6, 7, 2010; Ord. 364 § 1(3.6), 2006)

Article IV. Recycled Water Service

5.40.120 Introduction.

Western Municipal Water District may provide recycled water where technically and economically feasible for irrigation, commercial uses, and landscape impoundments. Each potential use is conditioned on the availability of distribution facilities. All potential uses of recycled water are subject to review and will be approved on an individual basis.

All recycled water uses shall be in accordance with the treatment standards and water quality requirements set forth in CCR Title 22, Division 4, Chapter 3, Article 3, “Uses of Recycled Water,” as amended. The use of recycled water shall not cause a pollution, contamination, or nuisance as defined by Section 13050 of the California Water Code, as amended. (Ord. 377 § 8, 2010; Ord. 364 § 1(4.1), 2006)

5.40.130 District liability.

Western Municipal Water District is not responsible for any condition of the recycled water itself, or any substance that may be mixed with or contained in recycled water as delivered to any customer, except as required by CCR Title 22, Division 4, Chapter 3, Article 1.

The district shall not be liable for any damage resulting from the use of recycled water, including that resulting from improper use, inadequate capacity, defective plumbing, broken/faulty services, or recycled water mains, or any conditions beyond the control of the district.

All users shall accept such conditions of pressure, as provided by the distribution system at the location of the service connection and hold the district harmless from all damage arising from low pressure or high pressure conditions, or from interruptions of service.

Recycled water service may be terminated or suspended whenever the quality of the recycled water does not comply with the requirements of the regulatory agencies, or at any time the provisions of this chapter and rules and regulations are violated. (Ord. 364 § 1(4.2), 2006)

5.40.140 Conditions of service.

Recycled water service will be made available to the customer in accordance with the general provisions found in Chapter 5.15 WMWDC, subject to the following specific terms and conditions relating to recycled water:

A. Compliance with Regulations. Recycled water shall be used in a manner that complies with the provisions of this chapter and all applicable federal, state, and local statutes, ordinances, regulations and other applicable requirements for the treatment level supplied, as determined by the district.

B. Reports. The cost and preparation of any study or report necessary to comply with CA DHS regulations or other regulatory requirements shall be the responsibility of the applicant.

C. Service Constraints. All service is contingent on the quantity and quality of recycled water available from the district’s facilities or other sources as may be specified by the district and shall be provided in accordance with this chapter and the terms of the permit/recycled water agreement required to be entered into between the district and the customer prior to obtaining recycled water service.

D. Distribution. The district reserves the right to control and schedule distribution as necessary to: (1) maintain an acceptable working pressure, (2) safeguard public health and safety, (3) manage the availability of recycled water supply, and (4) construct, maintain, and operate facilities.

E. Interim Service. Interim service may be made available at the district’s discretion, if recycled water is anticipated to be available to the site within a reasonable time. The customer, at their own expense, must perform all work necessary to make connections to the permanent recycled water system when installed.

F. Recycled Water for Construction Use. When available and subject to district requirements, recycled water may be used by contractors for dust control, soil compaction during grading operations, and compaction of backfill in pipeline (except potable water pipeline) trenches. Special rates, hookup charges, and conditions apply to recycled water used for construction purposes. (Ord. 377 § 9, 2010; Ord. 364 § 1(4.3), 2006)

5.40.150 Recycled water use permit/recycled water agreement.

Recycled water customers will be required to apply for and obtain a recycled water use permit/recycled water agreement outlining the approved use and specifying the minimum facility and operational requirements.

A. Each applicant for recycled water use and a permit/recycled water agreement must submit the following information to the district, which will be incorporated into the recycled water use permit/recycled water agreement:

1. A detailed description of the intended use area identifying the following:

a. The number, location, and type of facilities within the use area proposing to use dual plumbed systems;

b. The average number of persons estimated to be served by each facility on a daily basis;

c. The specific boundaries of the proposed use area including a map showing the location of each facility to be served;

d. The intended use of recycled water and its estimated quantity;

e. The person or persons responsible for operation of the dual plumbed system at each facility (recycled water supervisor); and

f. The specific use to be made of the recycled water at each facility.

2. Plans and specifications describing the following:

a. Points of connection for both recycled and domestic water system to the district mains;

b. Proposed piping system to be used;

c. Pipe locations of both the recycled and potable systems;

d. Type and posting location of recycled water warning signs;

e. Type of identification labeling, and type and location of the outlets and plumbing fixtures that will be accessible to the public; and

f. The methods and devices to be used to prevent backflow of recycled water into the public water system.

3. A master plan report that covers more than one facility or use site may be submitted, provided the report includes the information required by this section. Plans and specifications for individual facilities covered by the report may be submitted at any time prior to the delivery of recycled water to the facility.

B. Recycled water use permits are not transferable; a change in ownership, use, operations, or land use will require a new permit.

C. The information supplied by the applicant shall be considered as authoritative and final. If any error in such application shall cause installation of a service connection that is improper, either in size or location, the cost of all changes required shall be borne by the applicant.

D. At a minimum, the permit/recycled water agreement shall include the following:

1. Names and addresses of the property owner and customer of the recycled water.

2. A statement that no changes in the proposed system will be undertaken without amending the permit/recycled water agreement.

3. A statement that the applicant recognizes potential penalties for violation of this chapter and rules and regulations and any regulatory agencies.

4. Specific quantity of recycled water to be used, including estimated average annual use in acre-feet, and the maximum gallons per minute (GPM) needed at the point of connection (POC) as shown on the plans.

5. Approved uses.

6. A statement that the permit/recycled water agreement shall be canceled or amended if:

a. A change of recycled water use occurs.

b. A change in the piping system has been implemented without prior approval.

c. A violation of these rules and regulations occurs and results in a system turn-off. (Ord. 364 § 1(4.4), 2006)

5.40.160 Charges for service.

Recycled water rates, fees, and charges are established by resolution of the Western Municipal Water District’s board of directors from time to time and shall be incorporated herein by reference.

The district is also committed to an equitable allocation of costs. Each recycled water user shall be charged their fair share of costs incurred by the district in providing that service as determined by the district’s board of directors. Each wastewater discharger shall be charged their fair share of costs incurred by the district to construct, operate, and maintain the wastewater collection system and wastewater treatment facilities.

The board reserves the right to change recycled water rates, service charges, or other fees at any time. Such changes will be made by appropriate action of the board of directors.

All fees and construction costs shall be paid prior to construction; however, the district may reimburse the applicant for a portion of the cost of such facilities as described herein. Under certain circumstances, the district may contribute to the cost of designing and/or constructing the facilities needed to deliver recycled water to an applicant’s property. Subject to the availability of funds, the district may:

A. Reimburse an applicant for costs incurred to install oversized facilities in the public right-of-way.

B. Elect to participate in or construct pipelines, reservoirs, pumping stations or other facilities, as it determines necessary, and/or as funds are available. (Ord. 364 § 1(4.5), 2006)

Article V. Operational Requirements

5.40.170 On-site recycled water facilities.

The district’s recycled water customers shall operate and maintain all on-site recycled water facilities in accordance with the requirements established by this chapter and federal, state, and local regulatory agencies. The customer is required to:

A. Designate a district-approved recycled water site supervisor trained in the use of recycled water to manage the operations of the customer’s recycled water facilities.

B. Ensure that all on-site operations personnel are trained and familiarized with the use of recycled water.

C. Furnish its operations personnel with maintenance instructions, irrigation schedules, controller charts, and record drawings to ensure proper operation in accordance with the on-site facilities design, the agreement, and this chapter. Irrigation schedules for landscape irrigation systems must be approved by the district.

D. Maintain a copy of the recycled water rules and regulations, irrigation system layout map, and a recycled water system operations manual at the use area. These documents shall be available to operating personnel at all times.

E. Prepare and submit to the district a set of district-approved as-built drawings of on-site plumbing plan for domestic water and on-site recycled water system plan in 11-inch-by-17-inch legible hard copy and a digital PDF file in its original size (D or E size).

F. Notify the district of any proposed facility modifications and/or proposed recycled water use changes for district’s review and approval. All facility modifications must be inspected by the district upon completion of construction and customer shall submit revised as-built drawings to the district.

G. Ensure that the design and operation of customer’s recycled water facilities remain in compliance with the agreement and this chapter.

H. Implement on-site controls which meet the requirements established by district, federal, state, and local regulatory agencies to protect the health of customer’s employees and the public.

I. Operate the recycled water facilities in accordance with best management practices (BMPs) to prevent direct human consumption of recycled water and to minimize misting, ponding, and runoff. BMPs shall be implemented to minimize both public contact and discharge onto areas not under the customer’s control.

J. Protect all potable drinking water fountains and eating facilities from recycled water mist, overspray, or runoff.

K. Notify district immediately of any and all failures in the system that result in an unauthorized discharge or contamination of a potable water system due to a cross-connection on the premises. (Ord. 377 § 10, 2010; Ord. 364 § 1(5.1), 2006)

5.40.180 Off-site recycled water facilities.

The ownership, operation, and maintenance of all off-site recycled water system facilities, up to and including the district’s meter assembly, shall be the responsibility of district.

No person shall at any time tamper with district property except to shut off water to prevent damage. Such tampering constitutes a misdemeanor or felony criminal violation punishable by law, as specified by Chapter 5.10 WMWDC.

Only authorized district personnel may operate district facilities.

The unauthorized or unapproved use of recycled water is prohibited. Such actions present a potential threat to public health and may result in prosecution by district. (Ord. 364 § 1(5.2), 2006)

5.40.190 Access to customer’s property.

District or other authorized regulatory personnel showing proper evidence of identification shall have the right to enter upon customer’s premises for the purpose of:

A. Monitoring and inspecting all recycled water systems to ascertain compliance with this chapter and other regulatory requirements; and

B. Installing, maintaining, repairing and reading district-owned facilities serving the customer’s premises.

Where necessary, keys and/or lock combinations shall be provided to the district for site access during normal business hours. (Ord. 364 § 1(5.3), 2006)

Article VI. Enforcement

5.40.200 Noncompliance.

The district shall investigate all reports of noncompliance to any provision of this chapter and/or the agreement to determine the seriousness of the violation based upon: (A) the magnitude and duration of the violation, (B) its effect on the operation of district’s recycled water system, (C) its effect on district’s compliance with regulatory agency rules and regulations, and (D) the history and good faith of the customer.

The use of recycled water in any manner that violates this chapter or any permit issued in conjunction with recycled water use is hereby declared a public nuisance and shall be corrected or abated as directed by the district. Any person creating such a public nuisance is guilty of a misdemeanor.

Whenever the use of recycled water violates this chapter or otherwise causes or threatens to cause a condition of nuisance, the district may seek injunctive relief as may be appropriate to enjoin such discharge or use.

In addition to any other statute or rule authorizing termination of water service, Western Municipal Water District may revoke the agreement issued hereunder if a violation of any provision of this chapter is found to exist or if use of recycled water causes or threatens to cause a nuisance.

If a noncompliant condition or operation is revealed, the customer will be notified and a reasonable time period for corrective action determined along with a date for a follow-up inspection to verify the violation has been mitigated.

If the customer does not take appropriate corrective action within the specified period, the district may commence formal enforcement procedures, including, but not limited to, suspending recycled water service as specified in Chapter 5.10 WMWDC.

The recital of specified instances in this chapter and rules and regulations wherein the district is authorized to discontinue service to the customer is not to be construed as limiting the authority of the district to the instances specified.

The Regional Water Quality Control Board may initiate enforcement actions against any recycled water user who discharges recycled water in violation of any applicable discharge requirements of the RWQCB or in a manner that creates or threatens to create conditions of pollution, contamination, or nuisance, as defined in the California Water Code Section 13050 et seq., as amended from time to time, and any other applicable laws, rules or regulations which apply to recycled water use. (Ord. 377 § 11, 2010; Ord. 364 § 1(6.1), 2006)

Article VII. Determination of Recycled Water Use

5.40.210 Notice of determination.

As set forth in WMWDC 5.40.030, the district reserves the right to require customers to use recycled water in lieu of nonpotable or potable water supplies for all approved uses. In the event of such mandatory recycled water use for new or existing customers, the district will provide the applicable customer with a notice of determination to use recycled water which will explain the reasons for mandatory use, resultant procedures needed to facilitate recycled water use, proposed conditions and schedule for initiation and/or conversion, and any incentives provided for such initiation/conversion. Said notice, including the conditions, time schedule for initiation/conversion, and a recycled water permit application, shall be sent to the applicable customer by certified mail. In the event the customer is subject to any other application for service or service connection pursuant to the district’s rules and regulations, the above-mentioned notice and information will be set forth in the applicable document or application. (Ord. 377 § 12, 2010; Ord. 364 § 1(7.1), 2006)

5.40.220 Appeal to the general manager.

If a customer receiving a notice of determination requiring mandatory recycled water use believes such mandatory participation is not required or is otherwise inappropriate, the customer may file a notice of appeal with the district within 15 calendar days after any notice containing the proposed conditions of recycled water service is delivered or mailed to the customer. The notice of appeal must be in writing and may request reconsideration or modification of the proposed conditions or schedule for initiation/conversion of recycled water service. The notice of appeal shall state in detail the specific facts supporting the request for reconsideration/modification. Within 30 days of receiving such request, the general manager or his designee shall render a decision on the appeal. (Ord. 377 § 12, 2010; Ord. 364 § 1(7.2), 2006)

5.40.230 Appeal to the board of directors.

If the customer objects to the general manager’s decision on the appeal, the customer may, within 10 days after notification of the decision by the general manager or his designee, file a written appeal with the board of directors. The matter shall then be set for consideration before the board at the earliest practical date. At said meeting, the board may hear additional evidence, and may reject, affirm or modify the decision of the general manager or his designee. Said decision by the board shall be final. The board’s consideration of the matter shall be informal and shall not be subject to formal rules of evidence nor shall there be the calling of witnesses. At said meeting, the board will hear a presentation from district staff regarding the district determination from which the appeal has been filed and the customer shall then be given the opportunity to make a presentation regarding the basis for the appeal.

Notice of the determination by the board shall be mailed to the customer within 10 calendar days of such determination and shall indicate whether the appeal has been granted in whole or in part and set forth the terms and conditions of the decision, if any. If the appeal is denied, the customer shall comply with all terms and conditions of the order or notice.

In the event a customer’s appeal is granted, the customer shall be required to comply with the rules and regulations which may apply to the scope and type of water use which is permitted as a result of the appeal and shall be required to pay any and all rates and charges which may apply to said water use. For example, and not by way of limitation, the water use provided to the customer shall be contingent upon payment of the applicable AFC connection fees, connection construction costs, and other applicable rates and charges. (Ord. 377 § 12, 2010; Ord. 364 § 1(7.3), 2006)