CITY COUNCIL AGENDA ITEM
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
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
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
Staff requests that City Council hereby adopt the proposed Ordinance
implementing the guidelines for recycled water use.
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
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
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:
RECYCLED WATER REGULATIONS
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
13.06.180 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
13.06.230 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
In accordance with waste discharge requirements for water reclamation
projects, the RWQCB requires regulation measures for facilities distributing
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.
Acre-feet per year.
Water used for the production of crops and/or livestock.
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
Any person, group, firm, partnership, corporation, association, or agency
that applies for recycled water service.
The rate at which irrigation water is applied to a design or use area,
expressed in gallons per minute.
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.
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.
The record drawings that show the completed facilities as constructed or
The electrically actuated controllers, valves, and associated equipment used
to program and operate irrigation systems for the efficient application of
Auxiliary Water Supply
Any water supply on or available to the premises other than the City’s
The American Water Works Association.
The California Department of Health Services (State and/or County).
The City Council of the City of Brentwood or their designee.
The City Engineer, or Engineer, in either case being the department or
division head responsible for supervising engineer activities.
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.
A charge imposed by the City for all metered, recycled water used.
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.
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
Any person, group, firm, partnership, corporation, association, or agency
that legally receives recycled water service from the City.
A site, with well-defined boundaries, proposed to receive recycled water for
an approved use, as delineated in the Application for Recycled Water
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.
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.
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
The rate at which water penetrates the soil surface and enters the soil
A body of water containing recycled water, which is used for aesthetic or
irrigation purposes and which is not intended for public contact or
Recycled water used for the propagation and maintenance of trees, shrubs,
ground cover and turf used for erosion control and aesthetic value, not for
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.
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.
Land that has been designated to remain undeveloped. These areas may receive
recycled water service for agricultural or landscape irrigation, or other
A processed and approved application package to, and agreement with, the
City for recycled water service.
The point of connection at the recycled water service meter.
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.
Water which conforms to the latest Federal, State and Local drinking water
Pounds per Square Inch. This is a common unit expression of pressure
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.
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.
Those public entities legally constituted by Federal, State and Local
statutes to protect health and water quality.
The flow of water along natural or manmade surfaces away from the designated
The Regional Water Quality Control Board.
Any wastewater that has been treated by gravity sedimentation to remove
settled solids remaining after the primary biological treatment process.
The delivery of recycled water to a user.
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.
The specifications approved by the City for construction of recycled water
Any secondary effluent which has been disinfected and filtered. Allowable
uses for tertiary effluent shall include body contact and irrigation of
human food crops.
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.
The specific area designated to be served with recycled water through
on-site recycled water facilities.
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.
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
13.06.140 – Right of Revision
The City Council reserves the right to amend this Ordinance, as it deems
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
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
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
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.
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
The City shall not be liable for any damage by recycled water or resulting
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.
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
regulations, or sections of already adopted potable water system
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
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
Regional Water Quality TBD Master Reclamation Permit
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
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
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,
b. Description of recycled water use on the property.
c. Legal description of property.
d. Technical information requested on Recycled Water Service application
e. Total irrigated acres (if applicable).
f. Special conditions (other items that could be of concern when using
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
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
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
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
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
5. A violation of these rules and regulations occurs and results in a system
13.06.180 – Rates, Fees, Charges and Deposits
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
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
2. Elect to participate in or construct pipelines, reservoirs, pumping
stations or other facilities, as it determines necessary, and/or as funds
13.06.185 – Size, Location, and Installation of Service Line
The City reserves the right to determine the size and location and/or type
a. Recycled water service lines
b. Service connections
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
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
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
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
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
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
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
a. the installation and use of all components of the on-site recycled water
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
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
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.
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
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
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
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
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
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
3. Removal of any/all special recycled water quick couplers. The user shall
be responsible for replacement with quick couplers approved for potable
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
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
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
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
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:
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.
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.
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
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.