Chapter 4.30
RECYCLED WATER USE REGULATIONS AND PROTECTIVE MEASURES

Sections:

4.30.010    Purpose and policy.

4.30.020    Recycled water use guidelines.

4.30.030    Provision of recycled water service.

4.30.040    Recycled water use license.

4.30.050    Responsibilities of customers.

4.30.060    Protection of public health.

4.30.070    Sale of recycled water at recycled water treatment facilities.

4.30.010 Purpose and policy.

This chapter sets forth uniform requirements, in addition to those set forth in Chapter 4.10 DSRSDC, General Use Regulations and Protective Measures, for the use of water furnished from the District’s recycled water system. The additional objectives of this chapter are to promote the use of recycled water and maintain conformance to regulatory requirements regarding recycled water use.

This chapter shall govern all use of recycled water furnished by the District and shall apply to all customers thereof. This chapter provides for monitoring, compliance and enforcement activities resulting from the use of the District’s recycled water system. [Ord. 327, 2010.]

4.30.020 Recycled water use guidelines.

The District Engineer shall from time to time adopt guidelines or standards setting forth criteria to be satisfied before recycled water may be supplied to a customer. A customer shall have satisfied the District that such guidelines can be met prior to delivery of recycled water to the customer. The customer shall satisfy all such guidelines or standards for the entire time when recycled water is delivered to the customer. [Ord. 327, 2010.]

4.30.030 Provision of recycled water service.

Water furnished from the District’s recycled water system is subject to the following provisions in addition to the provisions set forth in DSRSDC 4.10.050, Account required for service, which apply to all water service furnished by the District.

A.    Approval from the District Engineer of an application for service in accordance with Chapter 3.40 DSRSDC, Application for Services, is required in order to initiate recycled water service for the first time to a particular parcel, and the potential recycled water customer shall obtain such approval before installing any recycled water facilities.

B.    The District shall undertake to comply with quality and limitation requirements set in Title 22 of the California Code of Regulations and with the general water reuse order from the California Regional Water Quality Control Board, but shall bear no responsibility for failure to do so, or to supply water of a higher quality, pressure or flow. In circumstances where, as solely and conclusively determined by the District Engineer, it is not reasonably feasible to provide service within the pressure range as thus determined, the District may furnish water service on the additional terms and conditions described in the following sentence. To obtain water service in such circumstances, each customer shall install and maintain, at his or her sole expense, a pump or other pressure-adjusting device and such other facilities sufficient to maintain pressure within an acceptable pressure range at each intended point of use, and shall present to the District appropriate evidence of the installation.

C.    The District may suspend service if, for any reason, recycled water produced by the District does not meet tertiary treated recycled water quality in conformance with Title 22, Division 4 of the California Code of Regulations, as amended from time to time, or if, in the opinion of the District Engineer, the use of recycled water is not compatible with the quality of the recycled water delivered to the customer. [Ord. 327, 2010.]

4.30.040 Recycled water use license.

Customers shall obtain from the District, and maintain current and in good order, a recycled water use license in accordance with DSRSDC 3.40.050, Responsibilities of customers. Customers shall comply with all permitting, tracking, record keeping, monitoring, and inspection procedures for all water recycling that may be established by the District from time to time. The recycled water use license and referenced documents shall serve as a permit, which grants the customer permission to use recycled water in conformance with District recycled water standards, guidelines, codes, ordinances, and policies, including any special site-specific requirements that may be identified. [Ord. 327, 2010.]

4.30.050 Responsibilities of customers.

Customers shall comply with all of the provisions of this section relative to the use of recycled water during the entire time that recycled water is delivered to the customer. In addition, customers shall comply with all applicable provisions contained in the District’s Recycled Water Use Guidelines and Requirements, and license conditions, and in other laws, regulations, agreements, permits, orders, guidelines, and/or standards, any amending or superseding requirements thereof. The customer shall bear all costs incurred to remedy the noncompliance with any such provisions, and shall pay any monetary penalties or fines imposed for the violation of or noncompliance with such provisions. The omissions or acts by the District shall not relieve the customer of responsibility to comply with the provisions of this section. Without limiting the generality of the foregoing, customers shall comply with the following requirements:

A.    Customer-Owned Facilities. Customers shall design and construct customer-owned recycled water facilities in accordance with District-approved standards. Customers shall maintain such facilities in good working order as to achieve compliance with all District requirements applicable to use of recycled water. Any changes to the customer-owned facilities shall be reported to the District.

B.    Use of Recycled Water. Customers shall be responsible for application of recycled water on their use areas and the associated operations and maintenance of the customer-owned facilities.

C.    Disclosure. Customers shall be responsible for informing persons to whom they have delegated responsibility for applying recycled water of the requirements of the District. Customers shall provide employee training to those employees who may be exposed to recycled water to assure proper operation of recycled water facilities and worker protection.

    Customers shall assure that all above-ground equipment, including pumps, piping, storage reservoirs, valves, etc., which may at any time contain recycled water, shall be adequately and clearly identified with appropriate warning signs and shall make necessary provisions to inform the public that recycled water, which is unfit for human consumption, is being used.

D.    Monitoring. Customers shall regularly monitor customer-owned facilities and submit accurate monitoring reports to the District on a timely basis in accordance with the reporting requirements outlined in the recycled water use license issued by the District to the customer. The customer shall notify the District immediately if any unauthorized use or discharge of recycled water occurs, or if other conditions occur, which impact or threaten to impact the public health.

E.    Access to Customer Site. All recycled water customers shall permit or cause to be permitted the officers, employees, and agents of the District, the Regional Water Quality Control Board (RWQCB), the Department of Health Services, the health services department of the county of jurisdiction, and other entities with jurisdiction over recycled water or public health, access to the site where recycled water provided by the District is used or where records relative to recycled water use are kept for the purposes of: (1) inspection, testing, and repair of facilities, equipment, practices or operations regulated pursuant to the RWQCB’s general water reuse requirements, and any amending or superseding provisions, the Dublin San Ramon Services District Code and other laws; and (2) sampling or monitoring to assure compliance with the general water reuse requirements, and any amending or superseding provisions, the Dublin San Ramon Services District Code and other laws. In addition, customers shall supply access to or copies of records relative to recycled water use to representatives of the above-named entities on request.

F.    Operation and Maintenance by Qualified Persons. Recycled water facilities may be operated only by natural persons who hold a current certificate issued by the District establishing satisfactory completion of the most recent recycled water use training course offered by the District. Failure to have a current certificate shall disqualify a person from operating or maintaining customer-owned recycled water facilities within the District. Failure to employ or retain a natural person who holds a current certificate shall be grounds for immediate termination of recycled water service by the District.

G.    Periodic Training. Each natural person who operates or maintains customer-owned recycled water facilities for one or more recycled water customers shall attend periodic recycled water use training courses offered by the District. At the end of each such course, the District shall issue a certificate to each such person who satisfactorily completes the course. Such certificate shall provide that, in the absence of violations of the provisions of this chapter, it shall be effective until the commencement of the next training course or until the rules, regulations, permits or orders applicable to recycled water use within the District are changed, whichever is later. Such certificates are not transferable in any manner.

H.    Compliance with Emergency Cross-Connection Response Plan. In the event of a cross-connection, customers shall immediately comply with the emergency cross-connection response plan established by the District as amended from time to time.

I.    Fees and Charges for Noncompliance. Any customer who fails to timely submit accurate monitoring reports to the District in accordance with its recycled water use license, or otherwise fails to comply with the District’s Recycled Water Use Guidelines and Requirements, or who uses water or discharges wastewater in any manner which is contrary to the Dublin San Ramon Services District Code or any other laws, regulations, agreements, permits, orders, guidelines, and/or standards relative to the use of water, shall, under DSRSDC 1.100.030, Other fees and charges as established or authorized by the Board, be required to pay a fee or charge in the amount of the time (measured by burdened salary) and expenses incurred by District staff in achieving compliance.

J.    Effect of Violations. A violation of any of the provisions of this chapter is also subject to enforcement under Chapter 1.30 DSRSDC, Enforcement. [Ord. 301, 2004; Ord. 327, 2010.]

4.30.060 Protection of public health.

Notwithstanding compliance by a customer with these rules and regulations, the District reserves the right and has the authority to terminate recycled water service immediately, without notice, in the interest of protecting the public health if at any time during construction or operation of the recycled water system, real or potential hazards are evidenced, such as cross-connections with the potable system, failure to conform to monitoring and reporting requirements, improper tagging, signing, or marking, improper construction, or unapproved/prohibited uses. [Ord. 327, 2010.]

4.30.070 Sale of recycled water at recycled water treatment facilities.

Recycled water may be picked up and removed by truck directly from the District’s recycled water treatment facilities for construction, sewer flushing, street sweeping and similar and approved purposes, at the water quantity use charge in the amounts established by separate ordinance or resolution of the Board for recycled water. Customers that obtain recycled water at the District’s treatment plant need not have an account pursuant to DSRSDC 4.10.050, Account required for service, but shall apply for, obtain, and comply with a recycled water use license pursuant to DSRSDC 4.30.040, Recycled water use license, and DSRSDC 4.30.050, Responsibilities of customers.

Secondary effluent that has not been further treated to produce a quality suitable for unrestricted irrigation as defined in Title 22, California Code of Regulations, Division 4, Environmental Health, Chapter 3, Reclamation Criteria, as it may be amended from time to time, may be obtained from the District, at the water quantity use charge in the amount established by separate ordinance or resolution of the Board, for construction, sewer flushing, street sweeping and similar and approved purposes; provided, that it is picked up and removed by truck directly from the District’s wastewater treatment facilities. [Ord. 69, 1969; Ord. 118, 1975; Ord. 217, 1988; Ord. 270, 1996; Ord. 273, 1997; Ord. 327, 2010.]