Chapter 13.10


13.10.010    Purpose.

13.10.020    Water reclamation policy.

13.10.030    Definitions.

13.10.040    Water reclamation master plan.

13.10.050    Procedures.

13.10.070    Sanctions.

13.10.080    Validity.

13.10.010 Purpose.

The State policies described in Water Code Sections 461 and 13510 are in the best interest of the City of Poway. The majority of jurisdictions in San Diego County have adopted measures to promote water reclamation. This chapter is necessary to protect the common water supply of the region which is vital to public health and safety, and to prevent endangerment of public and private property. San Diego County is highly dependent on limited imported water for domestic, agricultural and industrial uses. The reliability of the supply of imported water is uncertain. By developing and utilizing reclaimed water, the need for additional imported water can be reduced. In light of these circumstances, certain uses of potable water may be considered unreasonable or to constitute a nuisance where reclaimed water is available or production of reclaimed water is unduly impaired. Reclaimed water would be more readily available in seasons of drought when the supply of potable water for nonessential uses may be uncertain. (Ord. 290 § 2, 1989)

13.10.020 Water reclamation policy.

It is the policy of the City that reclaimed water shall be used within the jurisdiction wherever its use is economically justified, financially and technically feasible, and consistent with legal requirements, preservation of public health, safety and welfare, and the environment. (Ord. 290 § 2, 1989)

13.10.030 Definitions.

The following terms are defined for purposes of this chapter:

A. “Agricultural purposes” include the growing of field and nursery crops, raw 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. “Commercial office building” means any building for office or commercial uses with water requirements which include, but are not limited to, landscape irrigation, toilets, urinals, and decorative fountains.

D. “Reclaimed water distribution system” means a piping system intended for the delivery of reclaimed water separate from and in addition to, the potable water distribution system.

E. A “greenbelt area” includes, but is not limited to, golf courses, cemeteries, parks and landscaping.

F. “Industrial process water” means water used by any industrial facility with process water requirements which include, but are not limited to, rinsing, washing, cooling and circulation, or construction.

G. “Off-site facilities” means water facilities from the source of supply to the point of connection with the on-site facilities, normally up to and including the water meter.

H. “On-site facilities” means water facilities under the control of the owner, normally downstream from the water meter.

I. “Potable water” means water which conforms to the Federal, State and local standards for human consumption.

J. “Reclaimed water” means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur (see Water Code Section 13050(n)).

K. “Water discharge” means water deposited, released, or discharged into a sewer system from any commercial, industrial, or residential source which contains levels of any substance or substance which may cause substantial harm to any water treatment or reclamation facility or which may prevent use of reclaimed water authorized by law. (Ord. 290 § 2, 1989)

13.10.040 Water reclamation master plan.

A. General. Upon adoption of the ordinance codified in this chapter, the City shall prepare and adopt by resolution, a water reclamation master plan to define, encourage, and develop the use of reclaimed water within its boundaries. The master plan shall be updated not less often than every five years.

B. Contents of the Reclamation Master Plan. The master plan shall include, but not be limited to, the following:

1. Plants and Facilities. Evaluation of the location and size of present and future reclamation treatment plants, distribution pipelines, pump stations, reservoirs, and other related facilities, including cost estimates and potential financing methods;

2. Reclaimed Water Service Areas. A designation, based on the criteria set forth in this chapter and information derived from PMC 13.10.040(B)(1) and (2), of the areas within the City that can or may in the future use reclaimed water in lieu of potable water. Reclaimed water uses may include, but are not limited to, the irrigation of greenbelt and agricultural areas, filling of artificial lakes, and appropriate industrial and commercial uses;

3. Designate Tributary Areas. For each water reclamation facility identified in the master plan, designate proposed tributary areas. Within such areas, discharges to the sewage system shall be subject to permitting, monitoring and control measures to protect public health, safety and public and private property;

4. Quality of Water to be Reclaimed. For each water reclamation treatment facility, evaluate water quality with respect to the effect on anticipated uses of reclaimed water to be served by each treatment facility. Evaluate sources of waste discharge and sewer inflow that may, directly or cumulatively, substantially contribute to adverse water quality conditions (including but not limited to total dissolved solids, sodium, chloride and boron) in reclaimed water;

5. Tributary Protection Measures. Develop recommended control measures and management practices for each designated tributary area to maintain or improve the quality of reclaimed water. Such control measures may include capital improvements to the sewer collection system and waste discharge restrictions for industrial, commercial and residential discharges;

6. Mandatory Reclaimed Water Use. For each reclaimed water service area, evaluate whether greenbelt irrigation, agricultural irrigation, commercial office buildings, filling of artificial lakes, or industrial processes shall be limited to the use of reclaimed water. As appropriate, mandate construction of reclaimed water distribution systems or other facilities in new and existing developments for current or future reclaimed water use as a condition of any development approval or continued water service, if future reclamation facilities are proposed in the master plan that could adequately serve the development, in accordance with the procedures described in PMC 13.10.050. Identify resources and adopt measures to assist water users in the financing of necessary conversions;

7. Rules and Regulations. Establish by resolution, general rules and regulations governing the use and distribution of reclaimed water;

8. Public Awareness Program. Establish a comprehensive water reclamation public awareness program;

9. Coordination Among Agencies. An examination of the potential for initiating a coordinated effort between the City and other regional agencies to share in the production and utilization of reclaimed water. (Ord. 290 § 2, 1989)

13.10.050 Procedures.

A. Existing Potable Water Service.

1. Preliminary Determination. Based upon the master plan, upon the designation of each reclaimed water service area or the commencement of the design of new reclaimed water facilities, the City shall make preliminary determinations as to which existing potable water customers shall be converted to the use of reclaimed water. Each water customer shall be notified of the basis for a determination that conversion to reclaimed water service will be required, as well as the proposed conditions and schedule for conversion.

2. Notice. The notice of the preliminary determination, including the proposed conditions and time schedule for compliance, and a reclaimed water permit application shall be sent to the water customer by certified mail.

3. Objections – Appeals. The water customer may file a notice of objection with the City within 30 days after of any notice of determination to comply is delivered or mailed to the customer, and may request reconsideration of the determination or modification of the proposed conditions or schedule for conversion. The objection must be in writing and specify the reason for the objection. The preliminary determination shall be final if the customer does not file a timely objection. The City Manager or his designee, shall review the objection with the objector, and shall confirm, modify or abandon the preliminary determination.

B. Development and Water Service Approvals.

1. Conditions. Upon application by a developer, owner or water customer (herein referred to as “applicant”) for a tentative map, subdivision map, land use permit, or other development project as defined by Government Code Section 65928 the City staff shall review the master plan and make a preliminary determination whether the current or proposed use of the subject property is required to be served with reclaimed water or to include facilities designed to accommodate the use of reclaimed water in the future. Based upon such determination, use of reclaimed water and provision of reclaimed water distribution systems or other facilities for the use of reclaimed water, and application for a permit for such use may be required as a condition of approval of any such application, in addition to any other conditions of approval.

2. Alterations and Remodeling. On a case-by-case basis, upon application for a permit for the alteration or remodeling of multifamily, commercial or industrial structures (including, for example, hotels), the City staff shall review the master plan and make a preliminary determination whether the subject property shall be required to be served with reclaimed water or to include facilities designed to accommodate the use of reclaimed water in the future. Based upon such determination, use of reclaimed water and provision of reclaimed water distribution systems or other facilities for the use of reclaimed water, and application for a permit for such use, may be required as a condition of approval of the application.

3. Notice of Determination. A notice of the basis for the preliminary determination, proposed conditions of approval and schedule for compliance shall be provided to the applicant prior to approval of the development application.

C. Reclaimed Water Permit Process. Upon a final determination by the City Manager that a property shall be served with reclaimed water, or adoption of a condition of development approval requiring use or accommodation of the use of reclaimed water, the water customer, owner or applicant shall obtain a reclaimed water permit.

1. Permit Conditions. The permit shall specify the design and operational requirements for the applicant’s water distribution facilities and schedule for compliance, based on the rules and regulations adopted pursuant to PMC 13.10.040(B) and shall require compliance with both the California Department of Health Services Wastewater Reclamation Criteria (see California Code of Administrative Regulations, Title 22), and requirements of the Regional Water Quality Control Board.

2. Plan Approval. Plans for the reclaimed and potable water distribution systems for the parcel shall be reviewed by the City Manager or his designee and a field inspection conducted before the permit is granted.

3. Permit Issuance. Upon approval of plans, the permit shall be issued. Reclaimed water shall not be supplied to a property until inspection by the City Manager or his designee determines that the applicant is in compliance with the permit conditions.

D. Temporary Use of Potable Water. Upon the approval of the City Manager or his designee, potable water may be made available temporarily. Before the applicant receives temporary potable water, a water reclamation permit, as described in PMC 13.10.050(C) must be obtained for new on-site distribution facilities. Prior to commencement of reclaimed water service, an inspection of the on-site facilities will be conducted to verify that the facilities have been maintained and are in compliance with the reclaimed water permit and current requirements for service. Upon verification of compliance, reclaimed water shall be served to the parcel for the intended use. If the facilities are not in compliance, the applicant shall be notified of the corrective actions necessary and shall have at least 30 days to take such actions prior to initiation of enforcement proceedings.

E. Reclaimed Water Rate. The rate charged for reclaimed water shall be established by resolution of the City. (Ord. 290 § 2, 1989)

13.10.070 Sanctions.

A. Public Nuisance. Discharge of wastes or the use of reclaimed water in any manner in violation of this chapter or of any permit issued hereunder is declared a public nuisance and shall be corrected or abated as directed by the City Manager or his designee. Any person creating such a public nuisance is guilty of a misdemeanor.

B. Injunction. Whenever a discharge of wastes or use of reclaimed water is in violation of this chapter or otherwise causes or threatens to cause a condition of nuisance, the City may seek injunctive relief as may be appropriate to enjoin such discharge or use.

C. Permit Revocation. In addition to any other statute or rule authorizing termination of water service, the City Manager or his designee may revoke a permit issued hereunder if a violation of any provision of this chapter is found to exist or if a discharge of wastes of use or reclaimed water causes or threatens to cause a nuisance.

D. Penalty. Any owner and/or operator who violates this chapter shall, for each day of violation, or portion thereof, be subject to a fine not exceeding $1,000. In addition, water service to the property may be discontinued. (Ord. 290 § 2, 1989)

13.10.080 Validity.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provisions to other persons or circumstances shall not be affected thereby. (Ord. 290 § 2, 1989)