Ord 290ORDINANCE NO. 290
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ADDING CHAPTER 13.10 TO THE POWAY MUNICIPAL CODE
ESTABLISHING A WATER RECLAMATION MASTER PLAN AND
IMPLEMENTING PROCEDURES
THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
WHEREAS, the people of the State of California have a primary interest in
the development of facilities to reclaim water containing waste to supplement
existing surface and underground water supplies, and to assist in meeting the
future water requirements of the state {California Water Code, Section 13510};
and
WHEREAS, conservation of all available water resources requires the maximum
reuse of wastewater for beneficial uses of water {Water Code Section 461); and
WHEREAS, continued use of potable water for irrigation of greenbelt areas
may be an unreasonable use of such water where reclaimed water is available;
WHEREAS, the City Council held a duly advertised public hearing to provide
interested parties the opportunity to address the proposed municipal code amend-
ment.
NOW, THEREFORE, the City of Poway does hereby ordain:
Section 1: Environmental Findings:
The City Council of the City of Poway hereby finds that the proposed addi-
tion of Section 13.10 to the Poway Municipal Code will not cause significant
adverse impacts on the environment and issues a Negative Declaration.
Section 2: Municipal Code Amendment
13.10.010 Purpose. The state policies described in Water Code Sections 461
and 13510 are in the best interest of the City of Poway. The majority of juris-
dictions in San Diego County have adopted measures to promote water reclamation.
This ordinance is necessary to protect the common water supply of the region
which is vital to public health and safety, and to prevent endangerment of
public and private property. San Diego County is highly dependent on limited
imported water for domestic, agricultural, and industrial uses. The reliability
of the supply of imported water is uncertain. By developing and utilizing
reclaimed water, the need for additional imported water can be reduced. In
light of these circumstances, certain uses of potable water may be considered
unreasonable or to constitute a nuisance where reclaimed water is available or
production of reclaimed water is unduly impaired. Reclaimed water would be more
readily available in seasons of drought when the supply of potable water for
nonessential uses may be uncertain.
13.10.020 Water Reclamation Policy. It is the policy of the City of Poway
that reclaimed water shall be used within the jurisdiction wherever its use is
economically justified, financially and technically feasible, and consistent
with legal requirements, preservation of public health, safety and welfare, and
the environment.
-- Ordinance No. 290
Page 2
13.10.030 Definitions. The following terms are defined for purposes of
this ordinance:
A. Agricultural Purposes: Agricultural purposes include the growlng of
field and nursery crops, raw crops, trees, and vines and the feeding of fowl and
livestock.
B. Artificial Lake: A human-made lake, pond, lagoon, or other body of
water that is used wholly or partly for landscape, scenic or noncontact
recreational purposes.
C. Commerclal Office Building: Any building for office or commercial uses
with water requirements which include, but are not limited to, landscape irriga-
tion, toilets, urinals, and decorative fountains.
D. Reclaimed Water Distribution System: A piping system intended for the
delivery of reclaimed water separate from and in addition to, the potable water
distribution system.
E. Greenbelt Areas: A greenbelt area includes, but is not limited to, golf
courses, cemeteries, parks, and landscaping.
F. Industrial Process Water: Water used by any industrial facility with
process water requirements which include, but are not limited to, rinsing,
washing, cooling and circulation, or construction.
G. Offsite Facilities: Water facilities from the source of supply to the
point of connection with the onsite facilities, normally up to and including the
water meter.
H. Onsite Facilities: Water facilities under the control of the owner,
normally downstream from the water meter.
I. Potable Water: Water which conforms to the federal, state and local
standards for human consumption.
J. Reclaimed Water: Reclaimed water means water which, as a result of
treatment of wastewater, is suitable for a direct beneficial use or controlled
use that would not otherwise occur. (See Water Code Section 13050 (n).)
K. Waste Discharge. Waste discharge means water deposited, released, or
discharged into a sewer system from any commercial, industrial, or residential
source which contains levels of any substance or substance which may cause
substantial harm to any water treatment or reclamation facility or which may
prevent use of reclaimed water authorized by law.
Ordinance No. 290
Page 3
13.10.040 Water Reclamation Master Plan.
A. General: Upon adoption of this ordinance, the City of Poway shall pre-
pare and adopt by resolution, a Water Reclamation Master Plan to define,
encourage, and develop the use of reclaimed water within its boundaries. The
Master Plan shall be updated not less often than every five years.
B. Contents of the Reclamation Master Plan: The Master Plan shall include,
but not be limited to, the following:
1. Plants and Facilities. Evaluation of the location and size of pre-
sent and future reclamation treatment plants, distribution pipelines, pump sta-
tions, reservoirs, and other related facilities, including cost estimates and
potential financing methods.
2. Reclaimed Water Service Areas. A designation, based on the criteria
set forth in Section 2 and the information derived from Section 13.10.040 (B}i
and 2, of the areas within the City of Poway that can or may in the future use
reclaimed water in lieu of potable water. Reclaimed water uses may include, but
are not limited to, the irrigation of greenbelt and agricultural areas, filling
of artificial lakes, and appropriate industrial and commercial uses.
3. Designate Tributary Areas. For each water reclamation facility
identified in the Master Plan, designate proposed tributary areas. Within such
areas, discharges to the sewage system shall be subject to permitting, moni-
toring and control measures to protect public health, safety and public and pri-
vate property.
4. Quality of Water to be Reclaimed. For each water reclamation treat-
ment facility, evaluate water quality with respect to the effect on anticipated
uses of reclaimed water to be served by each treatment facility. Evaluate sour-
ces of waste discharge and sewer inflow that may, directly or cumulatively,
substantially contribute to adverse water quality conditions (including, but not
limited to total dissolved solids, sodium, chloride and boron) in reclaimed
water.
5. Tributary Protection Measures. Develop recommended control measures
and management practices for each designated tributary area to maintain or
improve the quality of reclaimed water. Such control measures may include capi-
tal improvements to the sewer collection system and waste discharge restrictions
for industrial, commercial, and residential discharges.
6. Mandatory Reclaimed Water Use. For each reclaimed water service
area, evaluate whether greenbelt irrigation, agricultural irrigation, commercial
office buildings, filling of artificial lakes, or industrial processes shall be
limited to the use of reclaimed water. As appropriate, mandate construction of
reclaimed water distribution systems or other facilities in new and existing
Ordinance No. 290
Page 4
developments for current or future reclaimed water use as a condition of any
development approval or continued water service, if future reclamation facili-
ties are proposed in the Master Plan that could adequately serve the develop-
ment, in accordance with the procedures described in Section 13.10.050.
Identify resources and adopt measures to assist water users in the financing of
necessary conversions.
7. Rules and Regulations. Establish by resolution, general rules and
regulatlons governing the use and distribution of reclaimed water.
8. Public Awareness Program. Establish a comprehensive water reclama-
tion public awareness program.
9. Coordination Among Agencies. An examination of the potential for
initiating a coordinated effort between the City of Poway and other regional
agencies to share in the production and utilization of reclaimed water.
13.10.050 Procedures.
A. Existing Potable Water Service:
1. Preliminary Determination. Based upon the Master Plan, upon the
designation of each reclaimed water service area or the co,mnencement of the
design of new reclaimed water facilities, the City of Poway shall make prelimi-
nary determinations as to which existing potable water customers shall be con-
verted to the use of reclaimed water. Each water customer shall be notified of
the basis for a determination that conversion to reclaimed water service will be
required, as well as the proposed conditions and schedule for conversion.
2. Notice. The notice of the preliminary determination, including the
proposed conditions and time schedule for compliance, and a reclaimed water per-
mit application shall be sent to the water customer by certified mail.
3. Objections; Appeals. The water customer may file a notice of objec-
tion with the City of Poway within {30} days after of any notice of deter-
mination to comply is delivered or mailed to the customer, and may request
reconsideration of the determination or modification of the proposed conditions
or schedule for conversion. The objection must be in writing and specify the
reasons for the objection. The preliminary determination shall be final if the
customer does not file a timely objection. The City Manager or his designee,
shall review the objection with the objector, and shall confirm, modify or aban-
don the preliminary determination.
B. Development and Water Service Approvals:
Ordinance No. 290
Page 5
1. Conditions. Upon application by a developer, owner or water
customer (herein referred to as "applicant") for a tentative map, subdivision
map, land use permit, or other development project as defined by Government Code
Section 65928 the City of Poway staff shall review the Master Plan and make a
preliminary determination whether the current or proposed use of the subject
property is required to be served with reclaimed water or to include facilities
designed to accommodate the use of reclaimed water in the future. Based upon
such determination, use of reclaimed water and provision of reclaimed water
distribution systems or other facilities for the use of reclaimed water, and
application for a permit for such use may be required as a condition of approval
of any such application, in addition to any other conditions of approval.
2. Alterations and Remodeling. On a case-by-case basis, upon applica-
tion for a permit for the alteration or remodeling of multi-family, commercial
or industrial structures {including for example, hotels), the City of Poway
staff shall review the Master Plan and make a preliminary determination whether
the subject property shall be required to be served with reclaimed water or to
include facilities designed to accommodate the use of reclaimed water in the
future. Based upon such determination, use of reclaimed water and provision of
reclaimed water distribution systems or other facilities for the use of
reclaimed water, and application for a permit for such use, may be required as a
condition of approval of the application.
3. Notice of Determination. A notice of the basis for the preliminary
determination, proposed conditions of approval and schedule for compliance shall
be provided to the applicant prior to approval of the development application.
C. Reclaimed Water Permit Process: Upon a final determination by the City
Manager that a property shall be served with reclaimed water, or adoption of a
condition of development approval requiring use or accommodation of the use of
reclaimed water, the water customer, owner or applicant shall obtain a reclaimed
water permit.
1. Permit Conditions. The permit shall specify the design and opera-
tional requirements for the applicant's water distribution facilities and sche-
dule for compliance, based on the rules and regulations adopted pursuant to
Section 13.10.040 B and shall require compliance with both the California
Department of Health Services Wastewater Reclamation Criteria {see California
Code of Administrative Regulations, Title 22), and requirements of the Regional
Water Quality Control Board.
2. Plan Approval. Plans for the reclaimed and potable water distribu-
tion systems for the parcel shall be reviewed by the City Manager or his
designee and a field inspection conducted before the permit is granted.
Ordinance No. £90
Page 6
3. Permit Issuance. Upon approval of plans, the permit shall be
issued. Reclaimed water shall not be supplied to a property until inspection by
the City Manager or his designee determines that the applicant is in compliance
with the permit conditions.
D. Temporary Use of Potable Water: Upon the approval of the City Manager
or his designee, potable water may be made available temporarily. Before the
applicant receives temporary potable water, a water reclamation permit, as
described in Section 13.10.050 C must be obtained for new onsite distribution
facilities. Prior to coff~nencement of reclaimed water service, an inspection of
the onsite facilities will be conducted to verify that the facilities have been
maintained and are in compliance with the reclaimed water permit and current
requirements for service. Upon verification of compliance, reclaimed water
shall be served to the parcel for the intended use. If the facilities are not
in compliance, the applicant shall be notified of the corrective actions
necessary and shall have at least thirty {30} days to take such actions prior to
initiation of enforcement proceedings.
E. Reclaimed Water Rate: The rate charged for reclaimed water shall be
established by resolution of the City of Poway.
13.10.060 Regulation of Brine Discharge to Sewage Systems
A. Intent: The City of Poway recognizes that to maintain adequate
wastewater quality for water reclamation treatment processes, and to protect
public and private property, restrictions may be required on certain industrial,
commercial, and residential waste discharges to a sewerage system that is
located within a designated tributary area of an existing or planned reclamation
facility.
B. Adopted Tributary Protection Measures: Waste discharges to the sewage
system from any industrial, commercial, or residential source, may be restricted
or prohibited upon a finding, following a noticed public hearing, that the type
or class of discharge involved is capable of causing or may cause substantial
damage or harm to any sewage treatment or reclamation facility or to any signi-
ficant user or users or potential user or users of reclaimed water within an
area which has been planned for reclaimed water services.
13.10.070 Sanctions
A. Public Nuisance: Discharge of wastes or the use of reclaimed water in
any manner in violation of this ordinance or of any permit issued hereunder is
hereby declared a public nuisance and shall be corrected or abated as directed
by the City Manager or his designee. Any person creating such a public nuisance
is guilty of a misdemeanor.
B. Injunction: Whenever a discharge of wastes or use of reclaimed water is
in violation of this ordinance or otherwise causes or threatens to cause a con-
dition of nuisance, the City of Poway may seek injunctive relief as may be
appropriate to enjoin such discharge or use.
-- Ordinance No. 290
Page 7
C. Permit Revocation: In addition to any other statute or rule authorizing
termination of water service, the City Manager or his designee may revoke a per-
mit issued hereunder if a violation of any provision of this ordinance is found
to exist or if a discharge of wastes of use of reclaimed water causes or
threatens to cause a nuisance.
D. Penalty: Any owner and/or operator who violates this ordinance shall,
for each day of violation, or portion thereof, be subject to a fine not
exceeding $1,000. In addition, water service to the property may be
discontinued.
13.10.080. Validity. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, the remainder of the
ordinance and the application of such provisions to other persons or circumstan-
ces shall not be affected thereby.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty
(30) days after the date of its passage; and the City Clerk of the City of Poway
is hereby authorized to use summary publication procedures pursuant to
Government Code Section 36933 utilizing the Poway News-Chieftain, a newspaper of
general circulation published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 23rdday of May , 1989, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 6th day of June
1989, by the following roll call vote:
AYES: COUNCILMEMBERS: EMERY, GOLDSMITH, HIGGINSON, KRUSE
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
NONE
Carl R. Kruse, Mayor
Marjori~Wahlsten, City Clerk
6/O/RECLAIM1-7