Title. | |
Findings. | |
Definitions. | |
Nonpotable and Reclaimed Water Use Master Plan. | |
Implementation. | |
Material and Construction Specifications. | |
Penalties. | |
Rules and Regulations. | |
Government Facilities. | |
Reclaimed Water Use Map Designation. | |
Severability. | |
The Board of Supervisors finds that:
(a) It is the responsibility of all water users in California to make effective use of available water resources. In San Francisco, water is distributed by the Water Department, a department of the Public Utilities Commission, which also supplies water to 2.6 million people in San Francisco, San Mateo, Santa Clara and Alameda counties. The San Francisco Department of Public Works constructs and operates wastewater reclamation facilities and administers building, plumbing and structural construction codes.
(b) The comprehensive management of urban water supplies should consider programs for developing the use of nonpotable and reclaimed water supplies. The Department of Public Works discharges approximately 100 million gallons per day of treated wastewater into San Francisco Bay and the Pacific Ocean. If this wastewater is given further treatment, it may be capable of being used for irrigation and other nonpotable purposes, thereby reducing potable water demand, and potentially making water available for conjunctive use, groundwater recharge, and other environmental benefits. Further, groundwater in aquifers beneath San Francisco may be utilized for potable and nonpotable purposes.
(c) In 1989 the Board of Supervisors passed Resolution 389-89 urging the Department of Public Works and Water Department to expand wastewater reclamation and reuse in San Francisco. Preliminary feasibility studies prepared in 1989 indicated that reclamation could be a viable source of water for use within the City. Based on the results of the preliminary studies, the Departments began development of more extensive studies that will be completed in mid-1992. Preparation of these studies has involved many departments, including the Fire Department, Recreation and Park Department, City Planning Department, Department of Public Health, and several citizen and technical advisory groups. Public meetings have been held beginning in July 1991 and will continue for the duration of the projects.
(d) If established, a comprehensive nonpotable and reclaimed water use program would result in the development of facilities to reclaim and reuse treated wastewater to assist in meeting the future water requirements of the City by supplementing existing surface and groundwater supplies.
(e) Nonpotable and reclaimed water are resources that should be developed for beneficial use wherever it is reasonable to do so, consistent with legal requirements, economic considerations, the public health, safety and welfare, and the preservation of the environment.
(f) This ordinance will enhance achievement of the City's goals for water supply use and preservation and protection of the environment by requiring the Water Department and the Department of Public Works to prepare a coordinated, comprehensive citywide plan for the efficient expansion of the use of reclaimed water and groundwater sources by all water consumers in San Francisco.
(Added by Ord. 390-91, App. 11/7/91 and Ord. 391-91, App. 11/7/91)
The following terms and phrases used in this Article shall have the meanings set forth in this Section.
(a) Development Project. Any project involving the construction, modification, conversion or alteration of any structure or structures or portion of any structure or structures, which will result in the construction, modification, conversion or alteration of 40,000 square feet or more of a building or structure, measured cumulatively from the effective date of this Article. A development project includes all landscaped, irrigated areas constructed in conjunction with the project, but such landscaped area shall not be included in the calculation of square footage for purposes of determining applicability of this definition. For the purposes of Section 1204(f) of this Article, a solely residential project is a development project containing residential uses occupying greater than 75 percent of the usable square footage of the structure containing residential uses.
(b) Irrigation System. Any method of application of water to vegetation. The term "sprinkler system" in applicable City codes shall be construed as meaning irrigation system under this Article when referring to the application of water to vegetation.
(c) Nonpotable Water. Groundwater and other subsurface water that may be used for a beneficial purpose in compliance with applicable City, State and Federal laws defining standards for nonpotable water uses.
(d) Reclaimed Water Distribution System. A delivery system, including but not limited to pipelines, pumps, reservoirs, and controls from the source of supply to the point of connection with a building or structure lateral supply pipeline, intended for the delivery of reclaimed water, and which is separate from any potable water distribution system and complies with all material and construction specifications contained in City codes and other applicable State and Federal laws.
(e) Reclaimed Water Irrigation System. A system designed for the use of reclaimed water for the irrigation of vegetation that complies with all material, construction and water use specifications contained in City codes and other applicable State and Federal laws.
(f) Reclaimed Water System. A system of pipes and related facilities designed and used for the transmission of reclaimed water within buildings and structures, including lateral supply pipelines, that complies with all material and construction specifications contained in City codes and other applicable State and Federal laws.
(g) Reclaimed Water Use Area. An area or areas designated by the Water Department and the Department of Public Works pursuant to this Article where reclaimed water is or will be available for use.
(h) Reclaimed Water Use Area Map. The most recently updated map, including designated reclaimed water use areas, prepared by the Water Department and the Department of Public Works and adopted by the Chief Administrative Officer and the Public Utilities Commission.
(i) Nonpotable and Reclaimed Water Use Master Plan. A comprehensive plan prepared by the Water Department and the Department of Public Works for the use of nonpotable and reclaimed water in the City and County of San Francisco and, if feasible, beyond the boundaries of the City.
(j) Reclaimed Water. Water which, as a result of the treatment of wastewater, is suitable for a direct beneficial use.
(Added by Ord. 390-91, App. 11/7/91 and Ord. 391-91, App. 11/7/91)
(a) The Water Department and the Department of Public Works shall prepare a Nonpotable and Reclaimed Water Use Master Plan for review and approval by the Chief Administrative Officer and the Public Utilities Commission. By December 1, 1996, the Chief Administrative Officer and the Public Utilities Commission shall have adopted a Nonpotable and Reclaimed Water Use Master Plan. Appropriate sections of Department of Public Works reclamation facilities planning reports and the Urban Water Management Plan prepared by the Water Department shall be incorporated and reconciled with the Nonpotable and Reclaimed Water Use Master Plan. The Nonpotable and Reclaimed Water Use Master Plan shall be updated at least every five years. The Chief Administrative Officer and the Public Utilities Commission are not required to adopt a Nonpotable and Reclaimed Water Use Master Plan or any portion of such plan if environmental review identifies significant impacts that cannot be mitigated and a finding of overriding benefits cannot be made. The Chief Administrative Officer and the Public Utilities Commission shall not adopt a Nonpotable and Reclaimed Water Master Plan or any amendment or modification thereof, unless either or both has first conducted a duly noticed public hearing thereon. The notice of hearing shall include the time and place of hearing; a general summary of the terms of the proposed Nonpotable and Reclaimed Water Use Master Plan or amendment or modification thereof to be considered, including the areas included in the Reclaimed Water Use Area Map and such other information as the Public Utilities Commission or the Chief Administrative Officer considers necessary or desirable. Such notice of hearing shall be provided by publication at least once in a newspaper of general circulation no less than 20 days prior to the date on which the hearing is scheduled to occur and shall also be included on the next Public Utilities Commission calendar to be mailed following the date of such notice. Mailed notice shall be provided to any person requesting such notice in writing. Such notices shall be in addition to any other notice that may be required by law. The failure of any person to receive notice required by law does not affect the authority of the City and County of San Francisco to adopt the Nonpotable and Reclaimed Water Use Master Plan.
(b) Contents. The Nonpotable and Reclaimed Water Use Master Plan shall include, but need not be limited to, the following:
(1) Long-Range Plan for Use of Nonpotable and Reclaimed Water. Development of a long-range plan for the production, delivery and use of nonpotable and reclaimed water in the City, within the wholesale water service area of the Water Department, and in areas outside of the Water Department's service area;
The plan shall include:
(A) Proposals, based on five-year incremental planning and implementation phases, for the expansion of production, delivery and use of reclaimed water,
(B) Identification of opportunities for the expansion of the reclaimed water production system, including the expansion of existing facilities or the development of new wastewater treatment facilities. Estimation of the feasibility and cost of developing such facilities and analysis of financing requirements and alternatives. It is the express intention of this Article to exclude reliance on hookup charges or similar fees or charges in implementing the plan,
(C) Evaluation of the potential demand for reclaimed water,
(D) Analysis of the potential for development and use of groundwater and other subsurface sources and conjunctive use projects, and evaluation of related water quality, aquifer yield and fish and wildlife protection issues;
(2) Reclaimed Water Use Area Map.
(A) A reclaimed water use area map, delineating the areas that are served or, as projected by the Water Department and Department of Public Works, may be served within 10 years of the date of designation of such an area pursuant to this Article, by reclaimed water distribution systems. The map shall be prepared jointly by the Water Department and the Department of Public Works. The Chief Administrative Officer and the Public Utilities Commission shall review the map submitted by the Departments and may either approve the map or reject and remand the map to the Departments for further action. The map may be amended as necessary to reflect all additions and planned additions to the nonpotable and reclaimed water distribution system,
(B) The map shall list and classify as designated reclaimed water use areas all areas within the boundaries of the City and County of San Francisco that meet either of the following criteria:
(i) The area is currently served by a reclaimed water distribution system, or
(ii) The area may be served by a reclaimed water distribution system within ten years, as projected in the Nonpotable and Reclaimed Water Use Master Plan,
(C) The areas described in Section 1209 of this Article are hereby designated on the reclaimed water use map for the use of reclaimed water in accordance with this Article. The map areas described in Section 1209 may be modified by the Water Department and the Department of Public Works in the manner set forth in this Section;
(3) Rules and Regulations. Description and analysis of relevant City, State and Federal rules, regulations, standards and procedures governing the production, distribution and use of nonpotable and reclaimed water;
(4) Financial Assistance. Identification of resources and recommendation of specific measures to assist nonpotable and reclaimed water users to finance necessary nonpotable and reclaimed water use projects, including but not limited to identification of incentives, discounts in water rates or other measures;
(5) Pilot and Demonstration Projects. Identification of demonstration or pilot projects to substitute the use of potable water with nonpotable and reclaimed water;
(6) Public Awareness Program. Evaluation of and recommendations for the establishment and operation of a public awareness program to promote the use of nonpotable and reclaimed water;
(7) Mandatory Nonpotable and Reclaimed Water Use. Evaluation and recommendation of types of water use, such as greenbelt irrigation, agricultural irrigation, office building uses, filling of habitat lakes, or industrial processes, that shall be required, wholly or partially, to use nonpotable or reclaimed water;
(8) Interagency Coordination. Recommendations for actions to coordinate efforts between the City and other local and regional governmental agencies to share in the production and utilization of nonpotable and reclaimed water within and outside the boundaries of the City;
(9) Nonpotable and Reclaimed Water Source Protection. Recommendations for control measures and management practices necessary to maintain or improve the quality of nonpotable and reclaimed water.
(c) Status Report. An annual report on the status and implementation of the Nonpotable and Reclaimed Water Use Master Plan shall be jointly prepared by the Water Department and the Department of Public Works and submitted to the Board of Supervisors, the Chief Administrative Officer, the Public Utilities Commission, the Department of Health, the Fire Department, the Recreation and Park Department and any other interested City agencies. This annual report shall include a yearly audit of the resulting offset in use of fresh water, if any, and identification of the uses of the saved water.
(Added by Ord. 390-91, App. 11/7/91 and Ord. 391-91, App. 11/7/91; amended by Ord. 393-94, App. 11/23/94)
(a) Development Project. A development project located within the boundaries of a reclaimed water use area designated pursuant to Section 1203(b)(2) of this Article may receive a site permit, building permit, land development authorization, or project authorization pursuant to City Planning Code Sections 320, et seq., only if the appropriate City permit approval or authorization official, as determined by the nature of the action requested by the project developer, determines that:
(1) An exemption has not been granted by the General Manager of the Water Department in accordance with Section 1204(d)(2)(c) of this Article;
(2) The development project provides for the construction and operation of a reclaimed water system and a reclaimed water irrigation system;
(4) The development project is in compliance with all applicable City Code Sections providing for the design, installation and construction of all facilities necessary to the operation of a reclaimed water system and/or a reclaimed water irrigation system to serve the potential uses of the property or structure covered by the proposed permit or authorization, as may be further specified in the provisions of this Article, or the provisions of codes and regulations adopted pursuant to or in furtherance of this Article.
(b) 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 within the boundaries of the reclaimed water use area map, as provided in Section 1203(b)(2) of this Article, unless a condition is imposed requiring compliance with all applicable City Code Sections providing for the design, installation, construction, or dedication of all public works, public improvements, infrastructure or fixtures necessary to the operation of a reclaimed water distribution system to serve the potential uses of the property covered by the parcel map or tentative subdivision map, as may be further specified in the provisions of this Article, or the provisions of codes and regulations adopted pursuant to or in furtherance of this Article.
(2) Subdivision Regulations. The Director of Public Works shall adopt regulations as necessary, consistent with and in furtherance of this Article, to ensure that all subdividers of property subject to the provisions of this ordinance provide such public improvements as are necessary to serve the subdivided property with reclaimed water from a reclaimed water distribution system.
(3) Final Maps. The Director of Public Works shall not endorse and file a final map for property within the boundaries of a reclaimed water use area without first determining whether:
(A) The subdivider has complied with the conditions imposed on the tentative subdivision map or parcel map, pursuant to this Article, and the ordinances and regulations adopted in furtherance thereof; 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 (b) shall not apply to tentative subdivision maps or parcel maps submitted solely for the purposes of condominium conversion, as defined in San Francisco Subdivision Code Section 1308(d).
(c) Reclaimed Water Use Registration and Issuance of Certificate. Any owner, operator or manager of a development project, or an irrigation system subject to Section 1204(e), located within the boundaries of a reclaimed water use area shall register such development project or irrigation system with the Water Department. The General Manager of the Water Department (or designee) shall issue a certificate of intention to use reclaimed water ("reclaimed water use certificate") and shall maintain a register of all such development projects and irrigation systems. The Water Department may inspect the operations of reclaimed water systems, reclaimed water irrigation systems and reclaimed water distribution systems to ensure the mandatory use of reclaimed water. The Water Department, acting through its Public Utilities Commission, is authorized to impose and collect fees in its discretion to recover the costs of implementing Sections 1204(c) and (d) of this Article, including costs of documentation processing, issuance of certificate, inspection, consultation with applicants and administration of Sections 1204(c) and (d) of this Article.
(d) Reclaimed Water Use.
(1) Mandatory Use. Reclaimed water shall be used in all reclaimed water systems, reclaimed water distribution systems and reclaimed water irrigation systems required by Sections 1204(a), 1204(b) and 1204(e) of this Article, in a manner and to the extent consistent with all applicable local, State and Federal laws.
(2) Exemptions.
(A) The General Manager may issue a reclaimed water use certificate temporarily exempting compliance with Section 1204(d)(1) if the General Manager determines that reclaimed water is not currently available. If the General Manager makes such a determination, potable water may be supplied on a temporary basis, until the General Manager determines that reclaimed water is available.
(B) Potable or nonpotable water obtained from a subsurface water supply underlying a development project, subdivision or irrigation system subject to this Article may be used for the development project, subdivision or irrigation system if authorized by the General Manager through issuance of an alternative water supply certificate. The certificate may be issued under circumstances where the General Manager has determined that the Water Department will not be using the subsurface water supply for municipal water supply purposes. The General Manager may revoke any such reclaimed water use certificate and require the use of reclaimed water whenever the Water Department determines that the subsurface water supply is necessary for municipal water supply purposes. Revocation of the certificate will be effective one year after receipt of written notice.
(C) The General Manager may issue reclaimed water use certificate exempting certain uses from compliance with Subsections (a), (d)(1), and (e) of Section 1204 under circumstances where the use of reclaimed water is not appropriate. The person or entity requesting such an exemption shall have the burden of demonstrating that the use of reclaimed water is not appropriate for the intended purposes and cannot be made usable by user pretreatment processes or other project modifications.
(e) Irrigation Systems.
(1) New Irrigation Systems. A landscaped area located within the boundaries of a reclaimed water use area and not constructed in conjunction with or as part of a development project subject to Section 1204(a) shall be constructed for the use of reclaimed water and shall comply with the provisions of this Article if it comprises an area of 10,000 square feet or more.
(2) Existing Irrigation Systems.
(A) Irrigation systems using potable water located within a reclaimed water use area shall be converted to use reclaimed water upon a determination by the General Manager (or designee) of the Water Department that reclaimed water is currently available for use. This conversion requirement shall apply to irrigation systems for irrigated property 10,000 square feet or more in size.
(B) The General Manager shall, by written notice, inform the owner of the irrigated property that the irrigation system must be converted to use reclaimed water within 180 days of the date of mailing of the written notice. In the event the property is owned by more than one person or entity, notice to any one such owner is sufficient notice under this Article. The General Manager may provide an extension of the 180- day conversion period, if appropriate.
(C) An owner may file an objection to the required conversion by submitting to the Water Department, by certified mail, return receipt requested, a written statement of the reasons why the irrigation system should not be required to convert to reclaimed water. The written statement will not be considered by the Water Department if it is not received by the Water Department within 60 days of the date the notice was mailed to the owner. The General Manager may rescind the conversion requirement only on the grounds of severe economic hardship or technical infeasibility.
(D) In addition to other penalties provided by this Article or by law, failure to convert the irrigation system to use reclaimed water within the time prescribed in the notice shall be sufficient cause for the Water Department to terminate potable water service to the irrigation system, or in the case of common irrigation and potable water uses, the placement of a flow restrictor on the service line.
(f) Applicability.
(1) Subsections (b), (c), (d) and (e) of this Section of this Article shall be applicable immediately upon the effective date of this Article.
(2) Subsection (a) of this Section of this Article shall not apply to development projects for which a site permit, building permit, or project authorization pursuant to City Planning Code Sections 320, et seq., has been issued within 180 days after the effective date of this Article.
(3) All development projects, except solely residential projects, for which a site permit, building permit, or project authorization pursuant to City Planning Code Sections 320, et seq., is issued more than 180 days after the effective date of this Article shall be in full compliance with this Article.
(4) All development projects, including residential projects, for which a site permit, building permit, or project authorization pursuant to City Planning Code Sections 320, et seq., is issued subsequent to January 1, 2000, shall be in full compliance with this Article.
(Added by Ord. 390-91, App. 11/7/91 and Ord. 391-91, App. 11/7/91)
Within six months of the enactment of this Article, the Department of Public Works, in cooperation with the Public Utilities Commission, the Department of Public Health, and the San Francisco Fire Department, shall prepare and issue material and construction specifications for reclaimed water irrigation systems, reclaimed water distribution systems and reclaimed water systems. Specifications shall include, but not be limited to, pipe identification, quick coupling valves, use of distribution systems, washdown hydrants and other points of public access, warning labels, control and regulating valves, strainers, reclaimed water piping, potable water piping, conversion requirements, design criteria, backflow and cross-connection prevention designs and devices, and facilities for temporary potable water use if reclaimed water is not available. Specifications shall be based on the final draft "Guidelines for Distribution of Nonpotable Water," issued by the Association of Water Works Agencies, California-Nevada Section, Water Reclamation Committee (as amended from time to time), unless the Department of Public Works determines that sound engineering judgment relating to local conditions and practices requires deviation from such specifications.
(Added by Ord. 390-91, App. 11/7/91 and Ord. 391-91, App. 11/7/91)
(a) Any person who violates any provision of this Article is guilty of an infraction punishable by a fine in an amount not in excess of $500. Each day each violation is committed or permitted to continue shall constitute a separate offense.
(b) Any person who intentionally or negligently violates any provision of this Article shall be liable to the City in an amount not to exceed $1,000 per day for each violation that occurs.
(c) Use of potable water in violation of this Article may result in the termination of potable water service by the General Manager of the Water Department.
(d) The enforcement actions authorized in Subsections (a), (b) and (c) are in addition to, and do not supersede, any other remedies available under City, State or Federal construction codes and health codes applicable to activities subject to this Article and any other remedies available under law.
(Added by Ord. 390-91, App. 11/7/91 and Ord. 391-91, App. 11/7/91)
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