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(a) This Article 12C shall apply to the installation and operation of the Alternate Water Source Systems at Large Development Projects, and to the voluntary installation and operation of the Alternate Water Source Systems at sites containing Multi-Family Residential Building and Non-Residential buildings. This Article does not apply to:
(1) Systems at Small Residential Buildings.
(2) Graywater systems where Graywater is collected solely for subsurface irrigation and does not require disinfection, as determined by the Director.
(3) Rainwater systems where Rainwater is collected solely for subsurface irrigation, drip irrigation, or non-sprinkled surface applications and does not require disinfection, as determined by the Director.
(b) Nothing in the ordinance in Board File No. 201536 1
amending this Article 12C
is intended to impair or limit any contract right that exists as of the effective date of said ordinance. In connection with the application of Article 12C
as it relates to development agreements or similar development contracts, or approved development plans administered by the Office of Community Investment and Infrastructure, the General Manager shall consult with the City Attorney to determine whether the application of this Article 12C
to a specific Development Project will violate the terms of contracts that the City entered into before the aforementioned effective date.
CODIFICATION NOTE
(a) Large Development Projects shall be constructed, operated, and maintained in compliance with the following:
(1) For Large Development Projects and District Development Projects that submit an application for a site permit on or prior to January 1, 2022, an Alternate Water Source System shall be constructed, operated, and maintained. All toilet and urinal flushing and irrigation demands shall be met through the collection and reuse of available onsite Rainwater, Graywater, and Foundation Drainage, to the extent required by application of the Water Budget Documentation developed for each Development Project.
(2) For Large Development Projects and District Development Projects consisting solely of Commercial Buildings that submit an application for a site permit after January 1, 2022, an Alternate Water Source System shall be constructed, operated, and maintained. Toilet and urinal flushing demands and drain trap priming are required non-potable uses. The collection and reuse of Blackwater and Condensate (required Alternate Water Sources) shall be used for required non-potable uses to the extent required by application of the Water Budget Documentation.
(3) For Large Development Projects and District Development Projects consisting solely of Multi-Family Residential Buildings or Mixed-Use Residential Buildings that submit an application for a site permit after January 1, 2022, an Alternate Water Source System shall be constructed, operated, and maintained. Toilet and urinal flushing, clothes washing, drain trap priming, and irrigation demands are required non-potable uses. The collection and reuse of Graywater and Condensate (required Alternate Water Sources) shall be used for required non-potable uses to the extent required by application of the Water Budget Documentation.
(4) For District Development Projects that consist of any combination of Commercial, Residential and Mixed-Use Residential Buildings, and that install a District System, toilet and urinal flushing, clothes washing, drain trap priming, and irrigation demands are required non-potable uses. The collection and reuse of Graywater and Condensate (required Alternate Water Sources) shall be used for required non-potable uses to the extent required by application of the Water Budget Documentation.
(5) For District Development Projects that consist of any combination of Commercial, Residential and Mixed-Use Residential Buildings, and that install building-by-building Alternate Water Source Systems, the required non-potable uses and required Alternate Water Sources shall be the uses and sources for each category of building type describe in subsections (a)(2) and (a)(3) of this section.
(b) A Large Development Project Applicant shall use the Water Budget Calculator as follows:
(1) For Large Development Projects that submit an application for a site permit on or prior to January 1, 2022, a Large Development Project Applicant shall use the Water Budget Calculator, as provided by the General Manager’s rules, to prepare a Water Budget assessing the amount of Rainwater, Graywater, and Foundation Drainage produced on site, and the planned toilet and urinal flushing and irrigation demands.
(2) For Large Development Projects that submit an application for a site permit after January 1, 2022, a Large Development Project Applicant shall use the Water Budget Calculator, as provided by the General Manager’s rules, to prepare a Water Budget assessing the amount of Alternate Water produced on site by the required Alternate Water Sources, and the amount of Alternate Water needed to supply the required non-potable uses.
(c) (3)1
(1) For Large Development Projects that submit an application for a site permit on or prior to January 1, 2022, if, based on the Water Budget Documentation, the available supply from onsite sources exceeds the demands for toilet and urinal flushing and irrigation, 100% of those demands shall be met by using the available onsite sources. If, based on the Water Budget Documentation, the available supply from onsite sources is less than the demands for toilet and urinal flushing and irrigation, 100% of the available onsite supply shall be used to meet the demands for toilet and urinal flushing and irrigation. Available Blackwater or Stormwater supplies may be used instead of, or in addition to Rainwater, Graywater, and Foundation Drainage to meet the available onsite supply requirements calculated in accordance with the Water Budget Documentation requirements of this section 12C.4(c)(1).
(2)(1
For Large Development Projects that submit an application for a site permit after January 1, 2022, if, based on the Water Budget Documentation, the available supply from required Alternate Water Sources exceeds the demand from required non-potable uses, 100% of that demand shall be met by using the required Alternate Water Sources. If, based on the Water Budget Documentation, the available supply from required Alternate Water Sources is less than the demand from required non-potable uses, 100% of the available supply from required Alternate Water Sources shall be used to meet the demand from required non-potable uses.
(1) For Small Development Projects that submit an application for a site permit on or prior to January 1, 2022, Small Development Project Applicants shall use the Water Budget Calculator, as provided by the General Manager’s rules, to prepare a Water Budget assessing the amount of Rainwater, Graywater and Foundation Drainage produced on site, and the planned toilet and urinal flushing and irrigation demands.
(2) For Small Development Projects that submit an application for a site permit after January 1, 2022, Small Development Project Applicants shall use the Water Budget Calculator, as provided by the General Manager’s rules, to prepare a Water Budget assessing the supply from Alternate Water Sources available on site, and the demand from non-potable uses on site.
(e) Large Development Projects and District Development Projects shall be subject to excess use charges for exceeding potable water allocations determined in accordance with rules adopted by the General Manager. If a Large Development Project or District Development Project exceeds its allocation of potable water, the Permittee for the Large Development Project or District Development Project shall be subject to excess use charges on each unit of potable water exceeding the allocation at 300% (or 3x) the applicable water and wastewater rates.
(f) Large Development Projects and District Development Projects shall not provide Non-potable Water to water users or for purposes located outside the boundaries of the Large Development Project or District Development Project, except (1) as permitted in the sole discretion of the General Manager, or (2) when the water users or other purposes are located on property contiguous to, or across a public right of way from the boundaries of the Large Development Project or District Development Project, and the total amount of Non-potable Water produced by the Alternate Water Source System will not exceed 125% of the Large Development Project’s or District Development Project’s required non-potable demands as determined by the approved Water Budget Documentation.
(g) Additional Requirements for District Systems. All District Systems shall conform to the following requirements.: 1
(1) In addition to preparation of the Water Budget, Project Applicants for District Systems shall submit implementation plans to the General Manager for review and approval, in accordance with guidelines and rules established by the General Manager.
(2) District Systems shall be constructed in accordance with all applicable City utility standards and specifications.
(3) Individual buildings within a District Development Project shall not be required to demonstrate compliance as long as the individual 1
are provided service by an approved District System.
(h) The General Manager may approve Alternate District Systems that will achieve compliance with the purposes and objectives of this Article 12C, in accordance with guidelines and rules established by the General Manager. Alternative District Systems may include, but are not limited to, the dedication to the City, without cost to the City, of a District System’s treatment and/or conveyance system that is constructed in accordance with all applicable utility standards and specifications.
(i) City departments shall not issue an encroachment permit, a site permit, or a plumbing permit for a Large Development Project or a Small Development Project, or approve a Non-potable Water Engineering Report, prior to the General Manager’s determination that the Water Budget Documentation has been prepared in accordance with the General Manager’s rules for Water Budget calculations.
(j) Subdivision Approvals.
(1) Parcel Map or Tentative Subdivision Map Conditions. The Director of Public Works shall not approve a tentative subdivision map or a parcel map for any property unless a condition is imposed requiring compliance with this Article 12C
to serve the potential uses of the property covered by the parcel map or tentative subdivision map, as specified in the provisions of this Article.
(2) Subdivision Regulations. The Director of Public Works shall adopt regulations consistent with, and in furtherance of this Article 12C
.
(3) Final Maps. The Director of Public Works shall not endorse and file a final map for property within the boundaries of the City without first determining that:
(A) The subdivider has complied with the conditions imposed on the tentative subdivision map or parcel map, pursuant to this Article 12C; and
(B) For any such conditions not fully satisfied prior to the recordation of the final map, the subdivider has signed a certificate of agreement and/or improvement agreement, to ensure compliance with such conditions.
(4) This subsection (j) shall not apply to tentative subdivision maps or parcel maps submitted solely for the purposes of condominium conversion, as defined in Subdivision Code Section 1308(d).
(g)1
In the event that a privately owned Alternate Water Supply System approved by the General Manager is subsequently determined by the California Public Utilities Commission to be subject to that agency’s jurisdiction and regulation, the San Francisco Public Utilities Commission may, with the consent of the affected owner, acquire and operate the facilities.
CODIFICATION NOTE
1. So in Ord. 155-21.
(a) Any person or entity who installs and operates an Alternate Water Source system shall comply with this Article 12C, the rules and regulations adopted by the Department of Public Health, and all applicable City, state, and federal laws.
(b) The Director shall issue rules and regulations regarding the operation of Alternate Water Source systems necessary to effectuate the purposes of this Article 12C and to protect public health and safety. These regulations shall address, at a minimum:
(1) Water quality criteria;
(2) Monitoring and reporting content and frequencies; and
(3) Operation and maintenance requirements.
(c) The Director shall review applications for Alternative Water Sources systems and may issue or deny such applications, in accordance with applicable laws and regulations.
(d) The Department of Building Inspection shall review plans and issue or deny plumbing permits for the construction, installation, or modification of Alternate Water Source systems, in accordance with applicable laws and regulations.
(a) Prior to initiating installation of any Alternate Water Source project, Project Applicants shall submit to the Director an application for permits to operate Alternate Water Source systems. Such applications shall comply with the requirements of this Article 12C and any regulations the Director has issued. Project Applicants shall pay a non-refundable permit application fee to cover the costs of investigation and processing the application and issuing the permit. Each project application submitted to the Director shall include a Non-potable Water Engineering Report that provides project information the Director determines to be necessary for complete review of the proposed project. City departments may not approve or issue permits for any site installing an Alternate Water Source system unless and until the Director has approved the Non-potable Water Engineering Report.
The Non-potable Water Engineering Report for District systems must include information on the permanent legal agreements between property owners, and provide documentation that each party is a willing and responsible participant in the District Non-potable Water use.
(b) System Design. All buildings using Non-potable Water from Alternate Water Source systems shall include:
(1) A flow meter on the non-potable distribution system to account for Non-potable Water use;
(2) A flow meter on the potable make-up water pipeline to the Alternate Water Source System;
(3) A reduced pressure backflow assembly (RP) within 25 feet of the downstream side of the point of connection or meter to protect the City’s public water and/or recycled water system;
(4) Signage that state law and the Department of Public Health’s rules and regulations require;
(5) Cross connection control in accordance with California Code of Regulations Titles 17 and 22 and the San Francisco Public Utilities Commission’s Cross Connection Control Program; and
(6) Any other requirements the Director determines are necessary to protect public health.
(c) Plumbing Permit. A Project Applicant shall obtain from the Department of Building Inspection an appropriate plumbing permit and any other building or installation permit required to construct, install, alter, an Alternate Water Source system. Each parcel within a District shall obtain appropriate plumbing and any other building or installation permits required.
(d) Encroachment Permit. A Project Applicant shall obtain from the Department of Public Works appropriate authorization for placement of any pipelines or other portions of an Alternate Water Source system within the public right-of-way.
(e) Construction Certification Letter. Project Applicants shall certify to the Director that Alternate Water Source system construction is complete and consistent with the approved Non-potable Water Engineering Report in accordance with the provisions of this Article 12C and any implementing rules and regulations. City departments may not approve or issue a First Certificate of Occupancy or approval for any Alternate Water Source system until the Director has reviewed and verified the Construction Certification Letter.
(Added as Sec. 854 by Ord. 195-12, File No. 120717, App. 9/17/2012, Eff. 10/17/2012; amended by Ord. 208-13
, File No. 130765, App. 10/11/2013, Eff. 11/10/2013; redesignated and amended by Ord. 109-15
, File No. 150350, App. 7/2/2015, Eff. 8/1/2015; amended by Ord. 155-21, File No. 210536, App. 10/8/2021, Eff. 11/8/2021)
(a) The non-refundable application fees for alternative source water system permits are:
(1) | Rainwater, Stormwater, Foundation Drainage | $2,616.28 |
(2) | Graywater | $8,142.66 |
(3) | Blackwater | $13,958.84 |
(4) | Transfer of any permit | $226 |
(5) | District Scale, the applicable amount above, plus | $226 per hour for plan review and/or on-site inspection. |
(b) The fees set forth in this Section 12C.7 may be adjusted each year, without further action by the Board of Supervisors.
Not later than April 1, the Director shall report to the Controller the revenues generated by the fees for the prior fiscal year and the prior fiscal year’s costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section 12C.7.
Not later than May 15, the Controller shall determine whether the current fees produce, or are projected to produce, revenues sufficient to support the costs of providing the services for which the fees are assessed and that the fees will not produce revenue that significantly exceed more than the costs of providing the services for which the fees are assessed.
The Controller shall if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the pro- gram recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted rates shall become operative on July 1.
(c) Every permit holder shall also pay an annual license fee as provided in the Business and Tax Regulations Code Section 249.24.
(Added as Sec. 855 by Ord. 195-12, File No. 120717, App. 9/17/2012, Eff. 10/17/2012; amended by Ord. 208-13
, File No. 130765, App. 10/11/2013, Eff. 11/10/2013; redesignated and amended by Ord. 109-15
, File No. 150350, App. 7/2/2015, Eff. 8/1/2015; amended by Ord. 155-21, File No. 210536, App. 10/8/2021, Eff. 11/8/2021)
When the Director determines the Project Applicant has satisfied all the requirements of this Article 12C, the Director may issue an operations permit for an Alternative Water Source system. Permittees shall timely submit all water quality monitoring information required by the provisions of this Article and the Department of Public Health’s rules and regulations. Permittees shall conduct ongoing backflow prevention and cross connection testing in accordance with this Article, the rules and regulations of the Department of Public Health, and all applicable City, state, and federal laws.
When required by the General Manager, the Permittee shall conduct a Non-potable Water use audit describing the extent of Non-potable Water use in accordance with requirements provided by the General Manager.
Permittees shall notify the Director of any intent to sell or transfer the building or facility containing an Alternate Water Source system within 30 days following the sale or transfer of property, in accordance with regulations adopted by the Director.
The Director may inspect any Alternate Water Source system subject to the requirements of this Article 12C to determine compliance with the provisions of this Article and applicable regulations.
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