Chapter 6.8
RECYCLED WATER USE

Sections:

6.8.01    Title.

6.8.02    Purpose and intent.

6.8.03    Definitions.

6.8.04    Administration.

6.8.05    User agreement required.

6.8.06    Application for user agreement.

6.8.07    Access to use area.

6.8.08    Prohibitions.

6.8.09    Restrictions on recycled water availability.

6.8.10    City property.

6.8.11    User property.

6.8.12    Recycled water rates.

6.8.13    Meters, main connections, and services.

6.8.14    Enforcement.

6.8.01 Title.

This chapter shall be known as the “Recycled Water Use Ordinance” of the City of Clovis and may be so cited. (§ 1, Ord. 08-21, eff. December 3, 2008)

6.8.02 Purpose and intent.

The purpose and intent of this chapter is to provide for and encourage the use of recycled water in a manner that ensures the health, safety, and general welfare of the residents pursuant to and consistent with all applicable laws including, but not limited to, California Code of Regulations, Title 17, Division 1, Chapter 5, Subchapter 1, Group 4, Articles 1 and 2; and California Code of Regulations, Title 22, Division 4, Chapter 3. (§ 1, Ord. 08-21, eff. December 3, 2008)

6.8.03 Definitions.

“Cross-connection” means any unapproved and/or unprotected connection between a potable water system and a nonpotable system.

“Distribution system” means facilities used for the distribution of recycled water under the control of the City.

“On-site recycled water system” means the user-operated recycled water system extending from the service connection to the use area to be provided with recycled water service. This includes any on-site distribution plumbing, irrigation systems, industrial processes, impoundments, or other approved facilities.

“Potable water” means water acceptable for human consumption in conformance with all Federal, State, and local drinking water standards.

“Public Utilities” means the City of Clovis Public Utilities Department.

“Recycled water” means treated wastewater delivered by the City through the distribution system that meets California Department of Health Service definition of “disinfected tertiary water recycling criteria” and is approved for purposes other than human consumption.

“Recycled water program” means the City’s collection of facilities, rules, regulations, and other program elements, authorized by this chapter, and enabling the treatment of wastewater for the beneficial distribution and use of recycled water in the Clovis area.

“Rules and regulations” means the “Rules and Regulations Governing the Distribution and Use of Recycled Water” for the City of Clovis Public Utilities Department governing the City’s recycled water program as authorized by this chapter.

“RW service connection” means the City-owned and operated piping and appurtenances, including the meter assembly, extending recycled water service from the distribution system to an on-site recycled water system as further defined in the rules and regulations.

“Unauthorized discharge” means any release of recycled water outside of a use area or a release that otherwise violates the provisions of this chapter, the rules and regulations, or any other applicable Federal, State, City, or local statute, regulation, ordinance, or contract.

“Use area” means a defined area approved by the City to be served recycled water through an on-site recycled water system. The use area includes all areas where recycled water may be used, as well as all facilities associated with the on-site recycled water system.

“User” means the owner or occupant of property who has entered into a user agreement applicable to the property.

“User agreement” means an executed contract between the City and a user, as a condition for obtaining recycled water service for a specific use area or use areas.

“Water recycling criteria” means the State of California’s set of requirements for the implementation of recycled water programs as detailed in the California Code of Regulations, Title 22, Division 4, Chapter 3. (§ 1, Ord. 08-21, eff. December 3, 2008)

6.8.04 Administration.

The Public Utilities Director shall administer, implement, and enforce the provisions of this chapter, except insofar as another officer or employee of the City shall be charged with the administration or regulation of a specific provision of this chapter. The Public Utilities Director shall prepare a master plan to define, encourage, and develop the use of recycled water within the City and shall prepare rules and regulations governing the use of recycled water. (§ 1, Ord. 08-21, eff. December 3, 2008)

6.8.05 User agreement required.

Recycled water shall not be delivered, used, or discharged upon any property or use area not owned or controlled by the City unless a user agreement has been entered into. (§ 1, Ord. 08-21, eff. December 3, 2008)

6.8.06 Application for user agreement.

An owner or occupant of property desiring a user agreement to utilize recycled water shall make a written application to Public Utilities on a form provided by and containing such information as may be required by Public Utilities. The application shall be reviewed for consistency with the Recycled Water Master Plan, the rules and regulations, and all other applicable statutes, ordinances, and regulations. Upon approval of the application, the owner or occupant of the property may become a user by entering into a user agreement that complies with the Recycled Water Master Plan, the rules and regulations, the water recycling criteria, and such other requirements deemed necessary by Public Utilities. (§ 1, Ord. 08-21, eff. December 3, 2008)

6.8.07 Access to use area.

The officers, employees, and inspectors of the City shall have the right to enter upon any use area of any user at reasonable hours for any of the following reasons:

(a)    Monitoring and inspecting on-site recycled water systems to ascertain compliance with this chapter, the rules and regulations, and other regulatory requirements.

(b)    Installing, maintaining, repairing, and/or collecting measurements from City-owned facilities serving the use area. Where necessary, keys and/or lock combinations shall be provided to the City for use area access. (§ 1, Ord. 08-21, eff. December 3, 2008)

6.8.08 Prohibitions.

(a)    There shall be no cross-connection between an on-site recycled water system and any potable water system.

(b)    A user shall not cause or permit an unauthorized discharge.

(c)    A user shall not violate any Federal, State, County, or City statute, law, rule, regulation or contract governing the use of recycled water, including but not limited to California Code of Regulations Title 17, Division 1, Chapter 5, Subchapter 1, Group 4, Article 1 and 2; California Code of Regulations, Title 22, Division 4, Chapter 3; the rules and regulations; and the user agreement.

(d)    Any bypass or connection around the meter between the distribution system and the on-site recycled water system shall be prohibited unless specifically authorized in writing by the Director of Public Utilities for a limited period of time. All recycled water used on any use area shall pass through the recycled water meter.

(e)    No person shall waste recycled water.

(f)    No person shall cover a recycled water meter box with trash, rubbish, dirt, or other foreign matter, or permit ivy or other shrubbery to grow over a meter box, or park automobiles or other vehicles over a meter box.

(g)    No person shall tamper with or remove any recycled water meter which is attached to any service or break any meter seal.

(h)    Only the City may connect an on-site recycled water system to the recycled water distribution system, and only the City may turn recycled water on. No other person shall tap, open, or connect any recycled water service. (§ 1, Ord. 08-21, eff. December 3, 2008)

6.8.09 Restrictions on recycled water availability.

The availability of recycled water may be restricted or prohibited by the City whenever the public interest so requires, including, but not limited to the following circumstances:

(a)    In the event of a fire and subject to the direction of the Chief of the City Fire Department.

(b)    In the event of maintenance, repairs, or other circumstances necessitating a partial or complete shutdown of the distribution system.

(c)    In the event of an inadequate supply of recycled water. (§ 1, Ord. 08-21, eff. December 3, 2008)

6.8.10 City property.

The distribution system, recycled water meter, and RW service connection are and shall remain the property of the City; provided, however, that any expense occasioned by any act, careless or otherwise, on the part of the user, or anyone acting on behalf of or with the permission of the user, shall be charged to such user. (§ 1, Ord. 08-21, eff. December 3, 2008)

6.8.11 User property.

All facilities necessary to convey recycled water from the RW service connection to and including the on-site recycled water system are and shall remain the property of the user, and the expense of maintenance, repair, and removal of such facilities shall be born by the user. The City shall not maintain or repair any such facilities, and the City shall in no case be liable for damages occasioned by recycled water running free from open or faulty fixtures, facilities, or pipes. (§ 1, Ord. 08-21, eff. December 3, 2008)

6.8.12 Recycled water rates.

Each customer connected to the City’s recycled water system shall pay, as a condition of recycled water service, the following rates for one month of service:

(a)    For all customers who concurrently have potable water service serving the use area, the charge shall be 53/100ths dollars ($0.53) per one thousand (1,000) gallons of recycled water received. During any declared state of emergency by the State or City related to potable water conditions that mandate water conservation in the City, when State or Federal regulations that mandate water conservation in the City are in effect, or during local water shortages, the following rates are effective. For all customers who concurrently have potable water service serving the use area, the charge shall be 56/100ths dollars ($0.56) per one thousand (1,000) gallons of recycled water received.

(b)    For customers who do not have potable water service concurrently serving the use area, the minimum charge shall be eight and 55/100ths dollars ($8.55) per account per month for RW services one inch (1'') or smaller in size. For RW services one and one-half inches (1-1/2'') in size, the minimum charge shall be eleven and 37/100ths dollars ($11.37) per account per month. For RW services two inches (2'') in size, the minimum charge shall be fifteen and 70/100ths dollars ($15.70) per account per month. For RW services three inches (3'') in size, the minimum charge shall be thirty-one and 09/100ths dollars ($31.09) per account per month. For RW services four inches (4'') in size, the minimum charge shall be seventy-eight and 21/100ths dollars ($78.21) per account per month. For RW services six inches (6'') in size, the minimum charge shall be three hundred eleven and 95/100ths dollars ($311.95) per account per month. For RW services eight inches (8'') in size, the minimum charge shall be five hundred fifty-two and 98/100ths dollars ($552.98). For RW services ten inches (10'') in size, the minimum charge shall be eight hundred sixty-six and 32/100ths dollars ($866.32). In addition the customer shall pay at the rate of 53/100ths dollars ($0.53) per one thousand (1,000) gallons of water used. Account as used in this subsection shall mean each meter connection.

During any declared state of emergency by the State or City related to potable water conditions that mandate water conservation in the City, State or Federal regulations that mandate water conservation in the City, or during local water shortages, the following rates are effective. For customers who do not have potable water service concurrently serving the use area, the minimum charge shall be eight and 55/100ths dollars ($8.55) per account per month for RW services one inch (1'') or smaller in size. For RW services one and one-half inches (1-1/2'') in size, the minimum charge shall be eleven and 37/100ths dollars ($11.37) per account per month. For RW services two inches (2'') in size, the minimum charge shall be fifteen and 70/100ths dollars ($15.70) per account per month. For RW services three inches (3'') in size, the minimum charge shall be thirty-one and 09/100ths dollars ($31.09) per account per month. For RW services four inches (4'') in size, the minimum charge shall be seventy-eight and 21/100ths dollars ($78.21) per account per month. For RW services six inches (6'') in size, the minimum charge shall be three hundred eleven and 95/100ths dollars ($311.95) per account per month. For RW services eight inches (8'') in size, the minimum charge shall be five hundred fifty-two and 98/100ths dollars ($552.98). For RW services ten inches (10'') in size, the minimum charge shall be eight hundred sixty-six and 32/100ths dollars ($866.32). In addition the customer shall pay at the rate of 56/100ths dollars ($0.56) per one thousand (1,000) gallons of water used. Account as used in this subsection shall mean each meter connection.

(c)    For a customer who receives recycled water by a gravity connection, the charge shall be 06/100ths dollars ($0.06) per one thousand (1,000) gallons of recycled water received. If that customer at the time of connection to the recycled water system utilizes untreated surface water to irrigate landscape or crops, and transfers the property’s surface water entitlement to the City, the charge shall be 01/100ths dollars ($0.01) per one thousand (1,000) gallons of recycled water received.

During any declared state of emergency by the State or City related to potable water conditions that mandate water conservation in the City, State or Federal regulations that mandate water conservation in the City, or during local water shortages, the following rates are effective. For a customer who receives recycled water by a gravity connection, the charge shall be 09/100ths dollars ($0.09) per one thousand (1,000) gallons of recycled water received. If that customer at the time of connection to the recycled water system utilizes untreated surface water to irrigate landscape or crops, and transfers the property’s surface water entitlement to the City, the charge shall be 03/100ths dollars ($0.03) per one thousand (1,000) gallons of recycled water received.

(d)    For a customer who at the time of connection to the recycled water system utilizes untreated surface water to irrigate landscape or crops, and who substitutes recycled water delivered by the pressure distribution system, and who transfers the property’s surface water entitlement to the City, the charge shall be 46/100ths dollars ($0.46) per one thousand (1,000) gallons of recycled water received. This rate shall not apply to customers who are required to transfer their property’s surface water entitlement to the City as a condition of development.

(e)    Annual adjustment. The monthly user rates and minimum charges as provided in this section shall be adjusted beginning July 1, 2017, and annually each July 1st thereafter by three percent (3%). Prior to June 30th of each year beginning in 2017, the Public Utilities Director shall evaluate the water fund balance and, if adequate without the annual adjustment or with a lesser adjustment or with a rate reduction, shall recommend to the City Council a suspension or reduction of the rate adjustment or rate reduction for the next fiscal year. (§ 1, Ord. 08-21, eff. December 3, 2008; §§ 6—9, Ord. 09-21, eff. December 2, 2009; § 3, Ord. 16-08, eff. June 1, 2016)

6.8.13 Meters, main connections, and services.

All provisions of Sections 6.5.301 and 6.5.302 shall apply to recycled water in the same manner as to potable water. (§ 1, Ord. 08-21, eff. December 3, 2008)

6.8.14 Enforcement.

(a)    The provisions of this chapter may be enforced in the same manner as any other City ordinance is enforced.

(b)    Without limiting the foregoing, in the event a user violates any provision of this chapter, the City may terminate the user agreement.

(c)    Without limiting the foregoing, in the event a user does not comply with any provision in the rules and regulations, the City may terminate the user agreement.

(d)    Without limiting the foregoing, the City reserves the right and authority to terminate recycled water service immediately, without notice, in order to safeguard the public health, safety, or welfare. (§ 1, Ord. 08-21, eff. December 3, 2008)