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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: October 12, 2004

Subject/Title: Consideration of an Ordinance adding Chapter 13.06 to the Municipal Code to provide for the regulation and use of recycled water.

Prepared by: David Stoops, Wastewater Operations Manager

Submitted by: Paul Zolfarelli, Director of Public Works


RECOMMENDATION
Waive first reading and approve the proposed Ordinance adding Chapter 13.06 to the Municipal Code to provide for the regulation and use of recycled water.

PREVIOUS ACTION
None.

BACKGROUND
The City of Brentwood processes approximately three million gallons per day (mgd) of wastewater for beneficial reuse. The State Water Resources Control Board and the Regional Water Quality Control Board have required the City of Brentwood to reuse as much of the highly treated water as practicable. The process used in the treatment of this water meets all requirements of the California Department of Health Services (CDHS). City Engineering staff has completed the infrastructure work necessary to provide reclaimed water to a number of parks and landscaped areas in the City.

In order to meet all requirements of the Master Reclamation Permit that has been approved by the Regional Water Quality Control Board on September 10, 2004, the City of Brentwood is required to have an ordinance in place allowing the City of Brentwood the authority to administer written ‘user permits’ under the Master Reclamation Permit. The ordinance establishes the policy and procedures which includes the ability for the City of Brentwood to impose fines and gain access to ‘users’ property for required inspections.

Staff requests that City Council hereby adopt the proposed Ordinance implementing the guidelines for recycled water use.

FISCAL IMPACT
None.

Attachment:
• Ordinance

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, CALIFORNIA ADDING CHAPTER 13.06 TO THE CITY OF BRENTWOOD MUNICIPAL CODE TO PROVIDE FOR THE REGULATION AND USE OF RECYCLED WATER.

WHEREAS, the City of Brentwood produces reclaimed water for recycled water use; and

WHEREAS, the Regional Water Quality Control Board has approved a Master Reclamation Permit for the City of Brentwood on September 10, 2004; and

WHEREAS, the City of Brentwood has developed an Ordinance that meets current regulatory requirements.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does ordain as follows:

Section 1. A new Chapter 13.06 is hereby added to the City of Brentwood Municipal Code, which shall be provided as follows:


CHAPTER 13.06
RECYCLED WATER REGULATIONS

Sections: Captions:

13.06.100 Authority
13.06.105 Purpose
13.06.110 Goals
13.06.115 Policy
13.06.120 Priority
13.06.115 Definitions
13.06.130 Administration
13.06.135 Validity
13.06.140 Right of Revision
13.06.145 Service Area
13.06.150 Determination of Recycled Use Area
13.06.155 Authorized Users
13.06.160 Conditions of Service
13.06.165 Other Applicable Rules and Codes
13.06.170 Permit Application Process
13.06.175 Permits
13.06.180 Rates, Fees, Charges and Deposits
13.06.185 Size, Location and Installation of Service Line
13.06.190 Service Connection Limitations
13.06.195 Service Pressure
13.06.200 Relocation of Recycled Water Service Lines
13.06.205 Protective Measures
13.06.210 Type of Protection
13.06.215 Inspection and Maintenance of Protective Devices
13.06.220 Facilities Design
13.06.225 Construction
13.06.230 Emergency Connection to the Recycled Water System
13.06.235 Off-site Facilities
13.06.240 On-site Facilities
13.06.245 Monitoring and Inspection
13.06.250 Maintenance Responsibility


13.06.100 – AUTHORITY

The use of water recycled from domestic sewage is regulated by the California Regional Water Quality Control Board (RWQCB). Article 2 of Chapter 7 of Division 7 of the use of recycled water is based on the City of Brentwood’s ability to adequately treat domestic wastewater to the point that the recycled water (effluent) meets the requirements of existing Title 22, Chapter 3 regulations of the California Code of Regulations. Title 22 was promulgated by the California Department of Health Services to ensure proper health protection and specify the treatment degree to match the intended applications.

In accordance with waste discharge requirements for water reclamation projects, the RWQCB requires regulation measures for facilities distributing recycled water.

13.06.105 – PURPOSE

The purpose of the Ordinance is to establish Rules and Regulations including procedures, specifications and limitations for the safe and orderly development and operation of recycled water facilities and systems within the City’s service area.

13.06.110 – GOALS

The goals of this Chapter are as follows:

1. Achieve conservation of potable water supplies by using recycled water for current and future irrigation demands. Recycled water uses shall be for the maximum public benefit and may include:

a. agricultural irrigation
b. commercial uses (including flushing toilets and urinals)
c. construction use
d. industrial processes
e. landscape irrigation
f. landscape and/or recreational impoundments
g. wildlife habitat

2. Maintain recycled water quality through a stringent pretreatment program for commercial and industrial wastes.

3. Prevent direct human consumption of recycled water through:

a. adherence to all applicable rules and regulations
b. posting of warning signs by the user
c. cross-connection/backflow prevention program

4. Control run-off of recycled water through monitoring of the installation and operation of all recycled water facilities and use areas.

5. Monitor recycled water quality.

13.06.115 – POLICY

It is the policy of the City that recycled water be used for any purposes approved for recycled water use, when it is economically, technically and institutionally feasible. Recycled water shall be the primary source of supply for landscape irrigation, commercial and industrial uses, whenever available and/or feasible. Use of potable water for landscape irrigation, commercial and industrial uses shall be contrary to City policy; shall not be considered the most beneficial use of a natural resource; and shall be avoided to the maximum extent possible.

13.06.120 – PRIORITY

Recycled water shall be provided on a first-come, first-served basis, as long as recycled water is available.

13.06.125 – DEFINITIONS

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Chapter, in addition to the definitions set forth in Title 22, Division 4, Chapter 3, Regulations of the California Code of Regulations, shall have the meanings hereinafter designated.

 AFY

Acre-feet per year.

 Agricultural Use

Water used for the production of crops and/or livestock.

 Air-Gap Separation

A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, and in no case less than one inch.

 Applicant

Any person, group, firm, partnership, corporation, association, or agency that applies for recycled water service.

 Application Rate

The rate at which irrigation water is applied to a design or use area, expressed in gallons per minute.

 Check Valve

A check valve that seats readily and completely. It must be carefully machined to have free moving parts and assure water tightness. The face of the closure element and valve seat must be bronze or other non-corrodible material that will seat tightly under all prevailing conditions of field use. Pins and bushings shall be of bronze or other non-corrodible, non-sticking material. The closure element (e.g., clapper) shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.

 Approved Double Check Valve Assembly

An assembly of at least two independently acting check valves including tightly closing resilient seated (typ.) shut-off valves on each side of the check valve assembly and suitable leak-detector drains plus connections available for testing the water tightness of each check valve. This assembly shall only be used to protect a non-health hazard.

 Approved Reduced Pressure Principle Backflow Prevention Device

A device incorporating two check valves and an automatically operating differential relief valve located between the two checks, two (typ.) shut off valves, and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between two check valves two (2) psi less than the pressure on the City water supply side of the device. At cessation of normal flow, the pressure between the check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. To be approved, these devices must be readily accessible for maintenance and testing, and installed in a location where no part of the valve will be submerged.

 Approved Use

An application of recycled water in a manner, and for a purpose, designated in a user permit issued by the City and in compliance with all applicable regulatory agency requirements.

 Approved Use Area

A site, with well-defined boundaries, designated in a Permit for Recycled Water Service issued by the City to receive recycled water for an approved use as acknowledged by all applicable regulatory agencies.

 As-built Drawings

The record drawings that show the completed facilities as constructed or modified.
 Automatic System

The electrically actuated controllers, valves, and associated equipment used to program and operate irrigation systems for the efficient application of recycled water.

 Auxiliary Water Supply

Any water supply on or available to the premises other than the City’s potable water.

 AWWA

The American Water Works Association.

 CDHS

The California Department of Health Services (State and/or County).

 City Council

The City Council of the City of Brentwood or their designee.

 City Engineer

The City Engineer, or Engineer, in either case being the department or division head responsible for supervising engineer activities.

 Commercial/Industrial Use

The water used for toilets, urinals, decorative fountains, decorative indoor and outdoor landscape, industrial process such as rinsing, washing, cooling, flushing, circulation, or construction; and other uses approved by the City.

 Commodity Charge

A charge imposed by the City for all metered, recycled water used.

 Connection Fee

A fee imposed by the City for obtaining recycled water service from the City by means of its recycled water facilities, including, but not necessarily limited to, a service activation fee.

 Cross-Connection

Any unapproved and/or unprotected, actual or potential, connection between any part of a potable water system and any equipment, source, or system containing water or other substances not approved as safe and potable for human consumption.




 Customer

Any person, group, firm, partnership, corporation, association, or agency that legally receives recycled water service from the City.

 Design Area

A site, with well-defined boundaries, proposed to receive recycled water for an approved use, as delineated in the Application for Recycled Water Service.

 Direct Beneficial Use

The use of recycled water, which has been transported from the point of production to the point of use, without an intervening discharge to waters of the State.

 Director of Public Works

The Director of Public Works or his/her designee in either case being the department or division head responsible for supervising operation and discharge of recycled water.

 Discharge

Any release or distribution of recycled water to a use area or disposal site/mechanism (outfall, Live Stream Discharge, municipal sewage system). All discharges of recycled water must be approved by the City.

 Greenbelt Areas

Those areas including, but not limited to, parkways, parks, right-of-ways, and landscaping within and/or surrounding a community.

 Industrial Process Water

The water used in industrial facilities for blending, rinsing, washing, or cooling.

 Infiltration Rate

The rate at which water penetrates the soil surface and enters the soil profile.

 Landscape Impoundment

A body of water containing recycled water, which is used for aesthetic or irrigation purposes and which is not intended for public contact or ingestion.

 Landscape Irrigation/Use

Recycled water used for the propagation and maintenance of trees, shrubs, ground cover and turf used for erosion control and aesthetic value, not for resale/profit purposes.

 Non-potable Water

Water that has not been treated for, or is not acceptable for, human consumption, in conformance with Federal, State and Local water standards. Non-potable water includes recycled water.

 Off-site Facilities

All existing or proposed facilities under the control of the purveyor, from the source of supply to the point of connection with the customer’s on-site facilities, normally up to and including the agency’s meter and meter box.

 On-site Recycled Water Supervisor

A qualified person designated by a recycled water user and trained by the City to be responsible for the safe and efficient operation of the user’s recycled water system. This person shall be knowledgeable in the operation of the recycled water system, and in the application of Federal, State and Local guidelines, criteria, standards and rules and regulations governing the use of recycled water.

 Open Space

Land that has been designated to remain undeveloped. These areas may receive recycled water service for agricultural or landscape irrigation, or other approved uses.

 Permit

A processed and approved application package to, and agreement with, the City for recycled water service.

 POC

The point of connection at the recycled water service meter.

 Ponding

The retention of recycled water on the ground surface or manmade surface for a period of time following the cessation of an approved recycled water use activity, such that potential hazard to the public health may result, as determined by regulatory agencies.

 Potable Water

Water which conforms to the latest Federal, State and Local drinking water standards.

 PSI

Pounds per Square Inch. This is a common unit expression of pressure measurement.

 Recycled Water

As defined in Title 22, Division 4, of the California Code of Regulations, water, which as a result of treatment of wastewater, is suitable for direct beneficial use or a controlled use that otherwise would not occur. The treatment of wastewater is accomplished in accordance with the criteria set forth in the Code.

 Recycled Water Facilities

The systems, structures, and processes used in the treatment, storage, pumping, transmission and distribution of recycled water.

 Recreational Impoundment

A body of recycled water used for recreational activities including, but not limited to, fishing, boating, and/or swimming. Allowable uses will depend on treatment level of the recycled water.

 Regulatory Agency

Those public entities legally constituted by Federal, State and Local statutes to protect health and water quality.

 Runoff

The flow of water along natural or manmade surfaces away from the designated use area.

 RWQCB

The Regional Water Quality Control Board.

 Secondary Effluent

Any wastewater that has been treated by gravity sedimentation to remove settled solids remaining after the primary biological treatment process.

 Service

The delivery of recycled water to a user.

 Service Connection

City facilities between the City recycled water distribution system and the customer’s meter, including, but not limited to, the meter, meter box, valves, and piping equipment.

 Standard Specifications

The specifications approved by the City for construction of recycled water facilities.

 Tertiary Effluent

Any secondary effluent which has been disinfected and filtered. Allowable uses for tertiary effluent shall include body contact and irrigation of human food crops.

 Unauthorized Discharge

Any release of recycled water that violates these Rules and Regulations or any applicable Federal, State, or Local statutes, regulations, ordinances, contracts or other requirements.

 Use Area

The specific area designated to be served with recycled water through on-site recycled water facilities.

 User

Any person, group, firm, partnership, corporation, association or agency accepting recycled water from the City’s recycled water facilities for use in accordance with this Ordinance. “Applicant”, “Owner”, or “Customer” are terms that are to be considered as users.

 Windblown Spray

Any dispersed, airborne particles of recycled water capable of being transmitted through the air to a location other than that for which the direct application of recycled water is approved.

13.06.130 – Administrator

Except as otherwise provided herein, the Director of Public Works or their designee shall administer, implement, and enforce the provisions of this Ordinance. The Director of Public Works may, at his discretion, delegate any or all of these powers and duties.

13.06.135 – Validity

If any section, subsection, sentence, clause or phrase of this Ordinance establishing Rules and Regulations for the use of recycled water is for any reason found to be invalid or unconstitutional, such decision shall not affect the remaining portions of this Ordinance. The City Council declares that it would have approved this Ordinance by section, subsection, sentence, clause, or phrase irrespective of the fact that any one or more of the section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

13.06.140 – Right of Revision

The City Council reserves the right to amend this Ordinance, as it deems appropriate.



13.06.145 – Service Area

The rules and regulations contained in this Chapter apply to recycled water service to lands and/or improvements lying within the legal boundaries of the City, to properties contiguous to the City under the same ownership as abutting lands within the City or its designated service boundary. Recycled water service shall be provided to a specific service area when related distribution facilities are completed and service becomes available.

13.06.150 – Determination of Recycled Use Area

A. General

1. The City Council may adopt an Engineering Report for the Production, Distribution, and Use of Recycled Water Master Plan designating current and potential areas for recycled water use. The Master Plan shall be in accordance with the requirements of all regulatory agencies and encourage recycled water use. The Master Plan may be reviewed and updated as needed.

2. The City Council may review its Master Plan and recommend where water service should be made with recycled water in place of potable water. Where it is determined recycled water is, or will be available within 5 years, the City may request modifications to existing on-site water facilities and require construction of recycled water systems in new developments.

3. The City Council may enter into agreements with surrounding cities and/or other agencies to determine recycled water use area within the service area/jurisdiction of those entities.

B. Existing potable water service

1. On adoption of this Chapter, and each update of the City’s Master Plan, the City Council may make determinations of areas where existing potable water use should be replaced with recycled water.

2. A notice of the determination to use recycled water shall be sent to the current owner, explaining the reasons for use and resultant procedures needed to facilitate recycled water use.

C. New recycled water service

1. On submittal by applicant of a tentative map, land use permit, other proposed land development/land use, or request for recycled water service, the City Engineer shall make preliminary determinations if recycled water service should be provided to the area in question. The City Engineer may require the use of recycled water for approved uses, and refuse or otherwise restrict potable water service when recycled water is available and approved for use.

13.06.155 – Authorized Uses

In accordance with the goals as stated in this Chapter, the uses of recycled water include only those uses approved by the California Department of Health Services (CDHS) and for which Title 22 of the California Code of Regulations provides treatment requirements and is permitted by the City’s Master Reclamation Permit. Each such use will be considered for approval on a case-by-case basis. Prior to approval, the Director of Public Works may set forth specific requirements as conditions to providing service, and/or require specific prior approval from other appropriate regulatory agencies.

13.06.160 – Conditions of Services

Recycled water service shall be provided by the Director of Public Works only if a permit for such service is obtained in the manner provided in this Chapter. Recycled water service shall be available, provided, and used in accordance with other codes, rules, and regulations as listed in Section 13.06.165.

If any of the following conditions of service are not satisfied at all times, “Permit for Recycled Water Service” may be revoked by the Director of Public Works after which all recycled water service shall cease in the manner described herein.

A. Financial

Conditions relating to service fees and billing shall be similar, but not the same, as established for the potable water system. Rates for recycled water service shall be adopted by the City Council as listed in Ordinance No. 782.

B. Operational

1. Liability:

The City shall not be liable for any damage by recycled water or resulting from:

a. defective plumbing
b. broken or faulty services or recycled water mains
c. on-site facilities failures
d. high or low pressure conditions
e. interruptions of service

2. Service Basis:

All recycled water will be provided to the user in the conditions and quantity specified in the “Permit for Recycled Water Service.” Recycled water use will not be subject to the same restrictions as potable water during drought conditions and will be supplied as available.

C. Regulatory

Recycled water service may be terminated whenever the quality of the recycled water does not comply with the requirements of the regulatory agencies, and/or at any time the provisions of the Chapter regarding the use of recycled water are violated. Or at any time that the permit conditions, whether contained in an agreement, are violated.

13.06.165 – Other Applicable Rules and Codes

For regulations that are the same for potable and recycled water, use applicable
regulations, or sections of already adopted potable water system regulations:

ITEM CURRENT REGULATION
Backflow prevention: CMC 14.10.410
Billing: CMC 14.01.140
Deposits: CMC 14.01.260
Penalties: CMC 14.01.640
Delinquencies: CMC 14.01.580
Metering: CMC 14.01.240

Other guidelines, rules and regulations, ordinances, specifications that may be applied by the City Engineer and/or Director of Public Works to govern the use of recycled water within the City include:

AGENCY/ORGANIZATION DOCUMENT # DOCUMENT TITLE

CDHS Title 22, Division 4 Water Reclamation

CDHS Title 17 Regulations Relating to
Cross-Connections

California-Nevada Section Guidelines for Distribution
AWWA of Non-potable Water

Foundation for Cross- Most Current Ed. Manual of Cross-Connection
Connection Control and Hydraulic
Research, School of
Engineering, University of
Southern California

Regional Water Quality TBD Master Reclamation Permit
Control Board

13.06.170 – Permit Application Process

The steps for obtaining Recycled Water Permits are as follows:

1. Obtain application form for Recycled Water Service from the Department of Public Works. By signing the application form, the applicant states that he/she agrees to comply with this Chapter and any and all applicable governing documents.

2. Complete Application Package and submit to the Public Works Department. The Application Package shall consist of:

a. Completed Recycled Water Service application form
b. Existing facility “as-built” drawings or proposed facility plans as appropriate.
c. Description of where and how recycled water use is proposed
d. Any other information pertinent to the use of recycled water as requested by the City Engineer.

3. The applicant may schedule an appointment with the Director of Public Works to review the Application Packet. Subsequent to meeting, submit any additional information required.

4. Prepare ‘User Report’ describing proposed/requested recycled water use(s). Submit ‘User Report’ to the Director of Public Works. As a minimum, the ‘User Report’ shall consist of the following information:

a. Applicant’s relationship to the subject property as legal owner, tenant, or lessee.
b. Description of recycled water use on the property.
c. Legal description of property.
d. Technical information requested on Recycled Water Service application form.
e. Total irrigated acres (if applicable).
f. Special conditions (other items that could be of concern when using recycled water).
g. As-Built/new drawings of the property, which are to include:
• Locations of all service connections and waterlines (recycled, potable, any other auxiliary source).
• Proposed size of recycled water service connection.
• Areas to be served with recycled water and areas excluded from recycled water service.
h. A brief description of any/all special construction requirements.

5. The City Engineer will review the ‘User Report.’ The Director of Public Works will inform applicant of any needed revisions.

6. If not identified in the CDHS Approved Engineering Report for the Production, Distribution and Use of Recycled Water the ‘User Report’ approved by the Director of Public Works will be forwarded to the CDHS for review and approval.

7. The Director of Public Works and applicant will address any concerns that the CDHS has regarding the ‘User Report’ and revise the report accordingly.

8. The Director of Public Works will prepare a Permit for Recycled Water Service (see Section 13.06.175). Any auxiliary agreement between the City and the applicant, related to the Permit for Recycled Water Service, will be with the approval of the City Council.

9. Applicant will pay any applicable fees.

10. The Director of Public Works will schedule a start-up test of on-site recycled water system to ensure that cross-connections do not exist.

11. The Director of Public Works will direct recycled water service valves to be turned on and service will begin.

13.06.175 – Permits

A City Permit for Recycled Water Service must be obtained by the user to receive recycled water on any property.

Permits to receive recycle water service, or any connection for service made as provided in the permit issued under this Chapter pursuant to receipt of an application for such service, shall be subject to the following conditions:

A. The applicant shall adhere to requirements prescribed by this Chapter and to all additional requirements required by all governing agencies governing recycled water use.

B. The applicant shall pay any specified connection fees, service line charges and other charges prior to issuance of the permit.

C. In order to maintain acceptable operating conditions throughout the recycled water system, the Director of Public Works may schedule recycled water use for specific applications. Such scheduling may involve programming deliveries to different users and/or to various portions of a single users on-site system. Any scheduling shall consider the operating constraints of the affected users.

D. The Director of Public Works may temporarily terminate recycled water service at any time the recycled water produced by the City of Brentwood’s reclamation plant does not meet the requirements of the regulatory agencies. Recycled water service would, in such case, be restored when the recycled water meets the governing requirements. The City may provide water service from other approved sources. In addition, approved air gap separations may be modified (as approved) to provide potable water to the recycled water system to ensure water service.

E. The City will apply for and process all applicable regulatory agency permits. The cost and preparation of any study or report necessary to comply with the California Environmental Quality Act (CEQA) or other regulatory requirements shall be the responsibility of the applicant, unless otherwise determined by the City Council.

F. The use permit shall come into force after the project has been completely constructed, tested and been approved by the involved agencies.

G. A copy of the current “Permit for Recycled Water” must be available for review at all times, and on file at the user’s office.

H. As a minimum, the use permit shall include the following:

1. Name and address of owner and user.

2. Name of ‘on-site’ supervisor, work phone number and after hours phone number.

3. A statement that no changes in the proposed system will be undertaken without application for and issuance of an amended permit.

4. A statement that the applicant recognizes potential penalties for violation of this Chapter and any regulatory agencies.

5. A copy of the approved ‘User Report.’

6. Specific quantity of recycled water to be used. The following must be identified:

a. Estimated average annual AFY used
b. Maximum GPM needed at the POC as shown on the plans

7. Permitted/approved uses

I. The use permit shall stay in effect as provided in the Permit or related agreement, but shall be cancelled or amended if:

1. A change of ownership occurs.

2. A change in ‘on-site’ supervisor occurs.

3. A change of recycled water use occurs.

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

5. A violation of these rules and regulations occurs and results in a system turn-off.

13.06.180 – Rates, Fees, Charges and Deposits

A. General

All rates and fees regarding recycled water service and their administrative costs shall be fixed and established by the City Council. The most current fee and rate schedules shall be established by Ordinance of the City Council and incorporated into this Chapter. Any changes in fee and rate schedules shall be automatically adopted into this Chapter.

Applicants for recycled water service shall pay their fair share for the construction of facilities needed to deliver recycled water to the applicant’s property. All fees and estimated construction costs shall be paid prior to construction; however, the City may reimburse the applicant for a portion of the cost of such facilities as described in Paragraph D “Financial Participation by City.”


B. Change of Rates or Charges

The City reserves the right to change the schedule of recycled water rates, service charges and any other charges, deposits, or fees at any time. These changes are subject to the terms of any existing “Permit for Recycled Water Service” (and/or agreements) and will be made by appropriate action of the City Council.

C. Temporary Service

The recycled water rate for all water sold through temporary meters shall be established by action of the City Council. The charges for recycled water sold through temporary meters shall be billed and paid on a monthly basis, or as otherwise determined by the City Council.

D. Financial Participation by City

Under certain circumstances, the City 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 City may:

1. Reimburse an applicant for costs incurred to install oversized facilities in the public right-of-way in accordance with the City’s Development Fee Program.

2. Elect to participate in or construct pipelines, reservoirs, pumping stations or other facilities, as it determines necessary, and/or as funds are available.

13.06.185 – Size, Location, and Installation of Service Line

The City reserves the right to determine the size and location and/or type of:

a. Recycled water service lines
b. Service connections
c. Meters
d. Backflow protection devices when required and any/all other appurtenances included to the service area.

Recycled water service lines shall be extended by the property owner/developer to a curb line or property line of the customer’s property, abutting on a public street, highway, road or City easement in which recycled water mains are installed.

13.06.190 – Service Connection Limitations

Permits for Recycled Water Service shall be subject to the following conditions:

A. A recycled water service connection and its corresponding meter shall not be used to supply adjoining property of a different owner.

B. A service connection shall not be used to supply adjoining property of a different owner, or to supply property of same owner across a road, street or other public right-of-way. When a property provided with a recycled water connection and corresponding meter is subdivided, such connection and meter shall be considered as serving the lot or parcel of land on which the meter is located. Additional recycled water mains and/or recycled water service lines will be required for all subdivided areas in accordance with this Ordinance.

C. Private irrigation systems for homeowner’s associations and other developments where landscaping around homes and in common areas are served with one meter, shall not be allowed to cross public roads, easements, or other public right-of-way, unless otherwise approved by the City Engineer.

D. All recycled water used on any property where a meter is installed must pass through the meter. Customers shall be held responsible and charged for all recycled water passing through their meters.

E. Every recycled water service line installed by the City (or its agent) shall be equipped with a right angle valve (per City standard) on the inlet side of the meter. The right angle valve is to be used only by City personnel to control the recycled water supply through the water service line. If the right angle valve is damaged by the customer to an extent requiring replacement, then the customer shall bear full financial responsibility.

F. Service is commenced after issuance of a “Permit for Recycled Water Service” by the City.

13.06.195 – Service Pressure

The City will make every reasonable effort to supply recycled water at a service pressure that is nearly equal to the potable water system pressure at the location of interest. If recycled water service pressure does not meet the needs of the user, then it shall be the user’s responsibility to increase or decrease the recycled water pressure on the user’s side of the recycled water meter.

13.06.200 – Relocation of Recycled Water Service Lines

Should a recycled water service line installed according to the directions of the applicant, owner, or customer (user) be of the wrong size, or installed at a wrong location or depth, the cost of relocation or removal shall be paid for by the user.

13.06.205 – Protective Measures

The following provisions are intended to protect the City’s potable water supplies against actual, undiscovered, unauthorized, or potential cross-connections to the user’s recycled water system. These provisions are in addition to, not in lieu of, the controls and requirements of other regulatory agencies. These provisions are in accordance with Title 17 (Public Health) of the California Code of Regulations.

Approved backflow prevention devices, on the City’s potable water services to the property, as required in these provisions, shall be provided, installed, tested, and maintained by the user at the user’s expense, unless otherwise determined by the Director of Public Works. These devices shall be located on the property 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.

When a request for recycled water service is initiated, the applicant must provide sufficient information, including plumbing and building plans, to enable the City Engineer, and other regulatory agencies to determine the level of backflow protection required. The proper backflow protection, as determined by the Director of Public Works and other regulatory agencies, shall then be installed, inspected and tested before recycled water service is provided.

Each time there is a change of customer (either owner or tenant) on any commercial or industrial premise, the owner or customer shall notify the Director of Public Works within 48 hours by written notification. The Director of Public Works will then reassess the level of protection required. In addition, any alterations to existing on-site facilities that may affect required protection level must be reported immediately to the Director of Public Works.

At their discretion, representatives of any health agency having jurisdiction, and the Director of Public Works, may conduct surveys of any property where recycled water service is provided by the City. These surveys shall serve to determine if any actual or potential cross-connections exist. The applicant, owner, or customer shall provide full cooperation in facilitating these surveys.

A. Where protection is required:

Approved backflow protection for potable water supplies shall be provided as follows:

1. Each City water service connection that supplies potable water to a premises having an auxiliary water supply (including recycled water) that is not accepted as potable source by the City Engineer, and/or is not approved for potable use by the CDHS, shall be protected against backflow from the premises into the City’s potable water system.

2. Each City water service connection supplying potable or recycled water to a premises on which any substance is handled in such a fashion as to permit entry into the City water systems (potable or recycled) from the premises shall be protected against backflow. This shall include, but not be limited to, the handling of fertilizers, process waters, and agricultural use.

3. Approved backflow devices shall be installed where premises have intricate plumbing and piping arrangements or where not all portions of the premises are readily accessible for inspection.

4. Appropriate backflow protection may be required at premises where there has been a history of cross-connections being re-established.

B. Other Measures

1. Whenever possible, the City will operate the recycled water system at a slightly lower pressure than the potable water system. This will cause potable water to flow in the recycled water system in the event of a cross-connection.

2. Water meters used for recycled water service shall be tagged or color-coded, or otherwise distinguished as such per AWWA standards. These meters shall not be interchanged or used for potable water service after repairs and/or meter testing have been performed.

3. Periodic inspection, by the City, of the recycled water facilities will determine if all identifying items are still clearly discernable. If not, they shall be replaced, repaired or refurbished as needed, by the user. These items include:

a. Warning tags
b. Painted surfaces
c. Warning tape
d. Identification tape
e. Covers, caps, signs
f. Other items that indicate recycled water is being used

4. To determine the existence of any cross-connections or backflow conditions into the potable water system, periodic testing using the CDHS approved methods will be performed by the Department of Public Works and/or other regulatory agencies as required.

5. In the event of contamination or pollution of a City potable water system due to a cross-connection or other failure, the Director of Public Works and the CDHS, shall be promptly notified, so that appropriate and immediate measures may be taken to correct the problem.

6. The CDHS, County Health Department, and the Director of Public Works, shall be kept informed by written document of the identity of the person responsible for the recycled water system on all premises concerned with these rules and regulations. At each authorized use area, an ‘On-Site’ Recycled Water Supervisor shall be designated. This supervisor shall be responsible for:

a. the installation and use of all components of the on-site recycled water system(s)
b. Prevention of cross-connections
c. Change in use of recycled water

C. Recycled Water Service Termination Due to Health and Safety Concerns

When the Director of Public Works determines that recycled water uses or conditions encountered by the Department of Public Works represent a clear and immediate hazard to the City potable and/or recycled water supply that cannot be immediately removed or corrected, the Director of Public Works shall begin the procedure for terminating recycled water use. Conditions or uses that create a basis for termination include, but are not limited to:

1. Refusal to install when required a backflow prevention device.

2. Refusal to test a backflow prevention device.

3. Refusal to repair or replace a faulty backflow prevention device.

4. Direct or indirect connection between the potable and recycled water systems.

5. Direct or indirect connection between the recycled water system
and a system or equipment containing contaminants.

6. A situation which presents an immediate health hazard to the City’s potable and/or recycled water system, as determined by the Director of Public Works, or other regulatory agencies.

13.06.210 – Type of Protection

The level of protection required shall be related to the degree of potential hazard that exists on the premises served, and will be determined by the Director of Public Works.

13.06.215 – Inspection and Maintenance of Protective Devices

The user is responsible for inspection and testing of all backflow prevention devices at least once a year, or more often in those instances where successive inspections indicate repeated failure. All inspections and tests shall be performed at the user’s expense by a City approved testing firm. These devices shall be repaired, overhauled and/or replaced at the expense of the user whenever they are found to be defective. These devices shall also be tested immediately after they are installed, relocated or repaired. The user shall maintain records of all such test, repairs and overhauls. These records shall be made available to the CDHS and City staff, on request, and submitted to the Director of Public Works or his/her designee, annually.

13.06.220 – Facilities Design

The design of off-site facilities, including the preparation of plans and construction specifications shall be under the responsibility of an engineer registered in the State of California. The design of customer (on-site) facilities that will use recycled water, and preparations of plans and construction specifications, shall be stamped and signed by a State of California Registered Landscape Architect or Civil Engineer, unless otherwise approved by the City Engineer.

Before the City Engineer 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 City Standard Plans and Specifications to ensure that the system is in full compliance with these rules and regulations.

A. General

1. All off-site and on-site recycled water facilities shall be designed and constructed according to the requirements, conditions, and standards as adopted in the City Standard Plans and Specifications to ensure that this system is in full compliance with this Chapter. Recycled water systems, both on-site and off-site, shall be separate and independent of any potable water systems.

2. Where the premises contain dual or multiple water systems, the exposed portions of pipelines shall be identified at sufficient intervals to distinguish clearly which water is not safe for drinking purposes.

3. Areas irrigated with recycled water must be kept completely separated from domestic water wells and reservoirs. Recycled water shall not be applied or allowed to migrate to within 50 feet of any well used for domestic supply, and no impoundment of 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.

4. Adequate means of notification should be provided to inform the public, employees and others that recycled water is being used. Conspicuous signs with appropriate wording that can be clearly read, should be placed at adequate intervals around the authorized use are.

a. All users will provide appropriate notifications and signage indicating recycled water is being used.
b. Languages in addition to English should be used on signs where appropriate.

B. Off-site Facilities

Any off-site recycled water distribution facilities required to serve existing or new developments of the property within the City, as determined by the City Engineer, shall be provided by the applicant, owner, or customer at their expense, unless the City Engineer determines it is a City benefit to construct these capital facilities.

Plans and specifications for all recycled water distribution facilities shall be submitted to and approved by the City Engineer, and other regulatory agencies, in advance of construction.

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

The property owner, proponent, or developer may request that the City enter into a reimbursement agreement for the portions of a recycled water system that are required to be oversized (considering standard sizes of materials and City standards) with capacity to supply more recycled water than the property owner, proponent or developer requires. Or for certain items that would not be required if potable water were to be used in place of recycled water. The determination to enter into a reimbursement agreement, and the specific items that are the subject of reimbursement, will be made by the City and shall be in accordance with the City’s Development Fee Program.

C. On-site Facilities

Any on-site recycled water facility shall be provided by the applicant, owner, or customer at his expense. The applicant, owner or customer shall retain title to all on-site facilities unless determined otherwise by the Director of Public Works.

When this Chapter and/or Standard Specifications require a higher quality material, equipment, design or construction method than that required by the other governing codes, rules and regulations, the City Plans and Specifications shall take precedence.

D. Interim Service

In areas where recycled water is not immediately available when the use area is ready for construction, and if the City has determined that recycled water will be supplied in the future, on-site facilities shall be designed to use recycled water. Provisions shall be made, and this Chapter followed, to allow for connection to the City 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.”

1. Conditions of interim service are:

a. The City anticipates recycled water will be available to the site within 5 years of the time interim service is initiated.
b. The applicant must obtain a “Permit for Recycled Water Service.”
c. The applicant must agree to perform or pay for all work necessary to remove the interim connection and make connections to the permanent recycled water system at the time the recycled water system is installed.

2. An approved backflow prevention device is required on the interim service. The backflow prevention device shall be at the point of connection with the interim supply system and a part of the on-site recycled water facilities.

3. Future recycled water customers will pay for the following:

a. Cost of constructing and abandoning the interim service, and cost of constructing the recycled water service.
b. Applicable recycled water fees at the time service becomes available.
c. Applicable interim water rates for the type of water delivered through the interim service.

4. When recycled water is available to the site, an inspection of the on-site facilities will be conducted by the Director of Public Works to verify that the facilities have been adequately maintained and are still in compliance with the “Permit for Recycled Water.” Recycled water service shall be provided on verification of compliance. If the facilities are not in compliance, the Director of Public Works shall notify the user to correct the situation before service is reestablished.

13.06.225 – Construction

A. New

Construction of all recycled water facilities will follow the City Standard Plans and Specifications, unless otherwise specified by the City Engineer.

B. Conversion to recycled water use

Where it is planned that an existing non-recycled water system be converted to a recycled water facility, the facilities to be converted to recycled water shall be investigated in detail at the user’s expense, unless otherwise determined by the City Engineer. On a case-by-case basis, the City Engineer and other regulatory agencies will review the materials, specified in Section 13.06.170, deemed necessary to determine the measures required to bring the system into full compliance with this Chapter. No existing potable water facilities shall be connected to or incorporated into the recycled water system without City and other regulatory agency approvals.

C. Conversion from recycled water use

If, due to on-site failure of the recycled water system or use violations, the City and/or other regulatory agencies determine it possible and necessary to convert on-site facilities from a recycled water supply to a potable, or other, water supply, it shall be the responsibility of the user to pay all cost for such conversion, unless determined otherwise by the City Engineer. Conversion costs may include, but no limited to, the following:

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

2. Installation of approved backflow prevention devices, as determined by the City Engineer and other regulatory agencies. The user shall install approved backflow devices on all potable, and/or other water meter connections.

3. Removal of any/all special recycled water quick couplers. The user shall be responsible for replacement with quick couplers approved for potable water systems.

4. Notification to all on-site personnel involved.

5. Removal of all warning labels/signs.

6. Installation of any/all potable water facilities and payment of any associated capacity fees, as provided for in the City water service code.

7. System flushing, disinfecting, decontamination, and water quality analyses, as required by the City and/or other regulatory agencies.

13.06.230 – Emergency Connection of the Recycled Water System to the Potable Water System

If the Director of Public Works determines an emergency exists where all or parts of the recycled water system are unable to provide recycled water, the Director of Public Works may approve an emergency temporary connection to the potable water system. Before such emergency temporary connection is made, the portion without recycled water shall be isolated by an air gap separation from the remainder of the recycled water system. This isolation shall occur at either individual services or on the off-site system, as determined by the Director of Public Works or other regulatory agencies. An approved backflow prevention device shall be installed on the potable water lines in accordance with this Chapter and all other applicable regulations of the governing agencies. The emergency temporary connection shall be removed before connection to the recycled water system is re-established. Re-establishment of recycled water service must be inspected and approved by the Director of Public Works prior to resuming delivery of recycled water.

13.06.235 – Off-site Facilities

Operation, maintenance and surveillance of all City off-site recycled water systems including but not limited to, recycled water pipelines, valves, connections, storage facilities, and other related equipment and property up to and including the meter, shall be under the management and control of the City. No other persons except authorized representatives of the City shall have the right to enter any of the City off-site facilities. Only City personnel and their representatives shall operate, adjust, change, alter, move or relocate any portion of the off-site recycled water system.

13.06.240 – On-site Facilities

A. General

1. The operation, surveillance, repair, and maintenance of all customer recycled water facilities are the responsibility of the user. The user’s designated “On-site” Recycled Water Supervisor shall bear this responsibility.

2. The Director of Public Works or his/her designee will monitor and inspect all on-site recycled water facilities and associated records, and for these purposes will have the right to enter the user’s premises. Where necessary, keys and/or lock combinations shall be issued to the Director of Public Works to provide such access during hours of recycled water system operation. Monitor and inspection includes documenting inspection observations by photograph and copying of records.

B. The user shall have the following responsibilities pertaining to operation of on-site facilities:

1. To ensure that all operations personnel are trained and familiarized with the use of recycled water. This training will be documented in writing.

2. To furnish their operations personnel with maintenance instructions, irrigation schedules, controller charts, and as-built drawings to ensure proper operation in accordance with the on-site facilities design and these rules and regulations.

3. To prepare and submit to the Director of Public Works one reproducible set of as-built drawings.

4. To notify the Director of Public Works of all updates or proposed changes, modifications, or additions to the on-site facilities and operations. All updates and proposed changes must be approved by the Director of Public Works and/or City Engineer prior to construction or implementation. All updates and proposed changes shall comply with this Chapter and governing documents of all other regulatory agencies.

5. To ensure that the operation and maintenance of all recycled water facilities remain in accordance with this Chapter and other documents governing recycled water systems within the City.

6. To operate and control the system in order to prevent direct human consumption of recycled water and to control and limit runoff. The applicant, owner, or customer shall be responsible for any and all subsequent uses of the recycled water. Operation and control measures to be utilized in this regard shall include where appropriate, but not limited to:

a. On-site recycled water facilities shall be operated to prevent or minimize discharge onto areas not under control of the customer so as to minimize public contact.

b. The operation of the on-site recycled water facilities shall be during periods of minimal human use of the service area. Consideration shall be given to allow a maximum dry-out time before the irrigated area will be used by the public. For agricultural operations, the soil moisture reservoir shall be depleted (dried) by at lease 30% before harvest.

c. Adequate first aid kits should be available on the premises. All cuts and abrasions should be promptly treated to prevent infection. If infection is likely, a physician should be consulted.

d. Recycled water shall be applied at a rate that does not exceed the infiltration rate of the soil. Where varying soil types are present, the design and operation of the recycled water facilities shall be compatible with the lowest infiltration rate of the soils present.

e. When the application rate exceeds the soil infiltration rate, automatic controller systems shall be utilized to minimize ponding and runoff of recycled water. Total sprinkler run times shall not be greater than the time needed to supply the landscape’s water requirement. If runoff occurs before the landscape’s water requirements are met the automatic controllers shall be reprogrammed with additional watering cycles of shorter duration to meet the requirements. This method of operation is intended to control and limit runoff.

f. The user shall report immediately to the Director of Public Works all failures in the recycled water system that cause an unauthorized discharge of recycled water.

g. All drinking fountains located within the approved use area, designated by the user permit, shall be protected by location and/or a structure from contact with recycled water to the maximum extent possible. Windblown spray, direct application through irrigation or other approved uses are considered sources of recycled water. Protection shall be by design, construction practice, or system operation.

h. Facilities that may be used by the public, including but not limited to, eating surfaces and playground equipment and located within the approved use areas designated by the user permit, shall be protected by seating and/or structure from contact with recycled water to the maximum extent possible. Windblown spray, direct contact by irrigation application, or other approved uses are considered sources of recycled water. Protection shall be by design, construction practice, or system operation.

C. The user shall enforce the following prohibitions:

1. Cross-connections:

Cross-connections, as defined by the California Code of Regulations, Title 17, resulting from the use of recycled water or from the physical presence of a recycled water service, whether by design, construction practice, or system operation, are prohibited.

2. Discharge in unapproved areas:

Discharge of recycled water for any purposes, in areas other than those specifically approved in the currently effective user permit issued by the Director of Public Works, and without the prior knowledge and approval of the governing regulatory agencies, is prohibited.

3. Ponding:

Conditions that directly or indirectly cause recycled water to pond either within or outside of the approved use area, whether by design, construction practice, or system operation are prohibited, unless designed specifically for ponding and approved by regulatory agencies.

4. Runoff:

Conditions that directly or indirectly cause runoff of recycled water onto areas outside of approved use areas, whether by design, construction practice, or system operation, are prohibited.

5. Unapproved uses:

Use of recycled water for any purposes other than those specifically approved, in the currently effective user permit issued by the Director of Public Works, and without the prior knowledge and approval of the governing regulatory agencies, is prohibited.

6. Windblown spray:

Conditions that directly or indirectly permit windblown spray to pass outside of the approved use are, whether by design, construction practice, or system operation, are prohibited.

13.06.245 – Monitoring and Inspection

The Director of Public Works will monitor and inspect the entire recycled distribution facility, including both off-site and on-site facilities. The Director of Public Works will conduct monitoring programs, maintain records as deemed necessary, inspect on-site facilities for compliance with these rules and regulations, and provide reports as requested by the regulating agencies. For these purposes, the Director of Public Works will have the right to enter the customer’s premises during hours of recycled water system operation to inspect on-site recycled water facilities and approved use areas, and to verify that the customer’s irrigation practices conform with this Chapter.

13.06.250 – Maintenance Responsibility

A. Recycled water system

The applicant, owner, or customer is responsible for maintaining all on-site facilities that are under the ownership of parties other than the City.

B. Obstruction in meter boxes

No person shall place, dispose, deposit or permit the placement, disposal, deposit of oil, toxic, hazardous or contaminated liquid or waste, trash, soil, building materials or other substances, objects, or obstructions in, on, or around meter boxes or other City facilities. No person shall allow or permit meter boxes or other City facilities from becoming obstructed or obscured by trees, shrubs, plants or in any other manner so as to impede their use or access to them to make their location difficult to determine. If such substances, objects, or obstructions are not cleaned and removed or are permitted to obscure or impede use or access to such facilities, the City may accomplish the cleaning and removal at the user’s expense. The Director of Public Works will provide reasonable notice to the user before assessing the charge.
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov