(A)   Purpose and intent. City Council has determined that the use of reclaimed water is necessary and is in the best interests of the citizens of the city. The purpose of this chapter is to provide for the use of reclaimed water in areas of the city accessible to the reclaimed water systems. It is intended that this chapter will accomplish the following objectives:
      (1)   Provide for the construction of reclaimed water distribution systems;
      (2)   Provide for the safe and beneficial use of reclaimed water; and
      (3)   Protect the environment and the state’s limited potable water supply.
   (B)   Administration. This chapter shall be administered by the City Manager or his or her designee. The City Manager is responsible for the development and promulgation of the necessary rules and regulations for the administration and enforcement of this chapter.
   (C)   Sources of reclaimed water. The source of reclaimed water shall be city wastewater treatment plants or other acceptable sources as determined by the city which provide reclaimed water meeting the requirements of this chapter and all applicable rules of the State Department of Environmental Protection and other regulatory bodies having jurisdiction.
   (D)   Availability of service.
      (1)   The existence of a reclaimed water main adjacent to or near the premises of an applicant for the service does not necessarily mean that service is available to that location. The city’s Utilities Department shall have the right to determine availability.
      (2)   No taps will be made to reclaimed water mains unless specifically approved by the Utilities Superintendent. Service in areas where only transmission mains exist will require installation of a distribution main.
      (3)   No payment of any costs, submittal of any petition or any other act to receive reclaimed water service shall guarantee such service. The city shall have the right, at all times, to refuse to extend service on the basis of a use detrimental to the reclaimed water system, inadequate supply of reclaimed water, lack of payment of required fees, or for any other reason which, in the judgment of the Utilities Superintendent, will cause the extension not to be to the benefit of the city.
      (4)   Developers are required, as a condition of new development approval, to use reclaimed water for landscape irrigation and to install dual distribution systems (potable and reclaimed water lines) for future service, if reclaimed water transmission mains and supply are currently adjacent/near to or are anticipated to be adjacent/near to the proposed development within seven years.
   (E)   Priorities for extending service. Extensions to the reclaimed water system intended to connect users shall proceed with the following priorities:
      (1)   Major volume users adjacent to the existing reclaimed water system (direct connections);
      (2)   Small lot users adjacent to the reclaimed water system;
      (3)   Major volume users in critical water quality area;
      (4)   Small lot users in critical water quality areas; and
      (5)   Major volume users elsewhere.
   (F)   Application for service.
      (1)   Each application requesting the city to provide reclaimed water service to the property identified in that application shall be made to the Utilities Director by the property owner or an authorized representative of the property owner.
      (2)   If service is determined to be available, the applicant shall be notified of such determination and any conditions of service. If service is not available, the applicant shall be so notified.
      (3)   Before an application for reclaimed water service will be approved, the customer must have a suitable irrigation in compliance with the design standards and restrictions described in this chapter.
      (4)   The city may require irrigation meters for any reclaimed water customer.
      (5)   Acceptance by the applicant of the conditions of service shall constitute a contract between the applicant and the city which shall bind the applicant to pay for the services rendered at the rates and charges prescribed by the city and to comply with all applicable rules and regulations, including those of the city and the State Department of Environmental Protection.
      (6)   A list of applicable rules, regulations, and design standards shall be provided to the applicant at the time of application.
   (G)   Construction of new facilities.
      (1)   All reclaimed water facilities shall be designed and constructed in accordance with applicable state and city policies, standards, and specifications, including the city cross connection control program.
      (2)   Each new development within the areas so identified in the reclaimed water master plan shall include a reclaimed water distribution system as a condition of sewer service, provided construction of the reclaimed water distribution system is deemed to be in the best interest of the city as determined by the Utilities Superintendent.
      (3)   The developer shall construct the reclaimed water distribution system and all facilities necessary to extend city transmission mains from the stipulated point of connection to the development. Provisions may be made to utilize ground/potable water until such time that the city is capable of supplying reclaimed water.
      (4)   The city may require the developer to oversize all or any portion of the reclaimed water facilities to be constructed by the developer. Construction costs associated with any such oversizing shall be borne by the city in accordance with the applicable city oversizing policy.
      (5)   All new turf facilities shall be developed utilizing reclaimed water for irrigation purposes where feasible. All existing turf facilities are encouraged to use or convert to reclaimed water in a timely fashion, where feasible.
      (6)   New industries and other heavy water users with a large water demand shall evaluate the feasibility of utilizing reclaimed water.
   (H)   Reimbursement of distribution system|and transmission main construction costs. Reimbursements for oversizing of reclaimed water transmission mains shall be made in accordance with City policy regarding oversizing of water and wastewater facilities.
   (I)   Use of reclaimed water.
      (1)   All uses of reclaimed water shall be in accordance with applicable rules of the State Department of Environmental Protection and other regulatory bodies having jurisdiction.
      (2)   All reuse by the customer shall be voluntary. The Utilities Superintendent may require effluent take-back agreements with developers where additional wastewater treatment plant effluent disposal capacity is required as a condition of sewer service.
      (3)   The city will monitor reclaimed water connections so as not to exceed the capacity of the reclaimed water system or the disposal site. It is the intent of the city to maximize the use of reclaimed water and to provide service to as many customers as practical. At times it may be necessary to limit a customer’s use of reclaimed water. Notwithstanding any section of this chapter to the contrary, the city makes no representation as to the availability or implementation of reclaimed water service within the city. Furthermore, nothing in this chapter shall be construed to create a debt or general obligation of the city or pledge of the full faith and credit or taxing power of the city.
      (4)   The city reserves the right to temporarily discontinue service to any portion of or to the entire reclaimed water system as deemed necessary by the Utilities Superintendent.
      (5)   The city reserves the right to establish reclaimed water supply schedules.
      (6)   The city may discontinue reclaimed water service to any customer due to a violation of this chapter, nonpayment of bills, for tampering with any service, for plumbing cross connections with another water source, or for any reason that may be detrimental to the reclaimed water system. The city has the right to cease service until the condition is corrected and all costs due the city are paid. These costs may include delinquent billings, connection charges, and payment for any damage caused to the reclaimed water system. Should discontinued service be turned on without authorization, the Utilities Services branch shall remove the service and make an additional charge as established by the city. Such discontinuance of service may occur without prior written notice.
      (7)   A customer whose service has been discontinued may resume reclaimed water service by payment of past due amounts and a reconnection fee; provided, however, when service has been discontinued for violation of the policies and regulations relating to the use of the reclaimed water system, service will not be reconnected until the city receives, in its opinion, reasonable and sufficient guarantee that the violation will not reoccur.
   (J)   Design standards.
      (1)   The irrigation system to be provided by the customer under this chapter will consist of an underground system with permanently placed sprinkle devices or belowground hose bibs contained in a meter box lockable with a five-point bolt. The locked meter box cover shall be labeled “Reclaimed water” and shall be painted purple.
      (2)   Prior to connection to the city reclaimed water system, a belowground dual- check device shall be installed by the city on the potable water line to each property receiving reclaimed water service. The dual check device shall be installed on the customer’s side of the potable water curb stop. Maintenance of the dual check device shall be the responsibility of the customer.
      (3)   Newly installed reclaimed water distribution mains shall be color-coded purple.
      (4)   Newly installed reclaimed water service laterals shall be color-coded purple.
      (5)   A polyethylene marking tape shall be installed continuously in the backfill along the length of all newly installed reclaimed water transmission mains and distribution mains according to the following:
         (a)   The reclaimed water main’s tape shall have a purple color throughout. The color shall be fade resistant and shall be printed on one side in black letters as follows and there shall be a maximum of 12 inches between printed phrases:
            1.   “CAUTION CAUTION CAUTION”; and
         (b)   The polyethylene tape shall meet the requirements of ASTM D 1248 type I, class A, grade E-l, for polyethylene plastics, molding and extrusion materials, and shall have a minimum nominal thickness of 0.004 inches (four mils), a minimum tensile strength of 1,750 psi and a minimum elongation of 250%.
         (c)   The tape shall be placed in the trench backfill with the printed side up, one foot above the center of the top of the pipe.
      (6)   The reclaimed water connection shall be at least ten feet center-to-center from any water meter. In unusual circumstances, with prior approval of the Utilities Superintendent, the service location may be less than ten feet but shall not be closer than five feet from any water meter.
      (7)   At all times, a minimum horizontal center-to-center distance of five feet and a minimum horizontal surface-to-surface distance of three feet shall be maintained between reclaimed water lines and potable water lines, sewers, or force mains.
      (8)   At all times, a minimum vertical distance of one foot, six inches shall be maintained between the outside surfaces of reclaimed water lines and potable water lines, sewers, or force mains.
      (9)   Inability to satisfy the minimum horizontal or vertical separations described in division (J)(8) will require the reclaimed water line to be installed in a steel casing pipe or to be encased in concrete.
      (10)   Valve box covers, other than those required for locked underground hose bib access, shall be labeled “reuse”. The valve box shall be mounted in a concrete pad. A three-inch bronze disc labeled “reuse” and describing the size, type, and number of turns to open the valve shall be anchored in the concrete pad.
      (11)   On newly developed property, reclaimed water service laterals shall be installed on the opposite side of the lot of the potable water service lateral.
      (12)   All service laterals shall terminate in a belowground meter box provided by the city with a lockable valve provided by the developer or customer. Connection of the customer’s reuse system to the service lateral shall occur in this meter box.
      (13)   For retrofit of existing structures/ irrigation systems, the city shall be responsible for construction of reuse distribution systems to the point of connection with the customer’s internal distribution system. After the system is placed into service, the maintenance of the system shall follow division (O) of this section.
   (K)   Restrictions.
      (1)   Unless expressly authorized in writing by the Utilities Superintendent, no individual or organization shall tamper with, work on, or in any way alter or damage any city reclaimed water facility. Tampering with or working on shall include, but shall not be limited to, opening or closing valves or causing any water to flow from the reclaimed water system. No unauthorized person shall cut into or make any connection with the reclaimed water system. The offending person shall be liable for the cost attributable to the correction of such tampering, including attorney’s fees. The city may commence an action of appropriate legal or equitable relief in a court of competent jurisdiction to enforce this chapter. However, payment for correcting damage to the reclaimed water system shall not relieve the offending person from other civil or criminal penalties which may be applicable.
      (2)   Whenever a private service valve requires repair, the customer shall request the city to make all necessary adjustments to the city’s curb stop (valve).
      (3)   The city shall prohibit the use of potable water for irrigation through second meters on property where reclaimed water distribution facilities are within 100 feet.
      (4)   The city shall prohibit the installation of new irrigation wells or the rehabilitation of existing irrigation wells where reclaimed water distribution facilities are within 100 feet of the proposed or existing wells.
      (5)   The city shall not provide reclaimed water service where shallow wells are used as a source of potable water or where buffer zone requirements as required by State Department of Environmental Protection cannot be maintained.
      (6)   The city shall prohibit the installation of shallow wells intended for use as potable water within 75 feet of reuse sites.
      (7)   A person using a single-family service connection is prohibited from injecting any chemicals into the reclaimed water system. Other users wishing to use chemical injections into the reclaimed water system shall be required to install an approved cross connection control assembly on the reclaimed water service connection.
      (8)   No party shall cause or allow his or her reclaimed water system to have any cross connections between two or more water supplies, any illegal connections or tie-ins, or any discharge of reclaimed water into the public sewer system.
      (9)   No party shall let or rent to any other party or property any part of the reclaimed water system or use of the reclaimed water system in any manner or for any purpose other than described in the agreements and documents governing the reclaimed water system usage and executed by the user of the reclaimed water and the city.
      (10)   Temporary irrigation systems will not be considered for connection.
      (11)   Irrigation systems shall not include devices, aboveground faucets, or other connections that could permit the reclaimed water to be used for any purpose other than irrigation, unless such uses and systems have been approved in writing by the Utilities Superintendent.
   (L)   Inspections.
      (1)   Inspections made by the city where there is reasonable cause to believe that this chapter or any related regulation is being violated shall be at such times and with such frequency as the city deems necessary to establish whether or not this chapter or any related regulation is being or has been violated. In order to ascertain and ensure compliance with this, the city reserves the right to inspect, secure, and disconnect any and all devices wherever located which connect to or control any discharge from a reclaimed water distribution system.
      (2)   Inspections made by the city without reasonable cause to believe that this chapter or any related regulation is being violated shall be conducted only during normal working hours.
      (3)   Upon the proper execution of an application for reclaimed water service, the customer is thereby deemed to have consented to entry by the city upon the property described in the application for the purpose of conducting any inspection permitted pursuant to this chapter and waives the right to receive any further notice from the city of inspections conducted pursuant to this chapter.
      (4)   The denial of access to an authorized agent or employees of the city to any property receiving reclaimed water service for the purpose of conducting any inspection permitted under this chapter shall constitute a violation of this chapter and shall be grounds for immediate discontinuance of reclaimed water service by the city to the premises.
   (M)   Ownership.
      (1)   All reclaimed water distribution systems and transmission mains constructed by a developer in public rights-of-way shall be conveyed to the city in accordance with existing city subdivision regulations regarding acceptance and bonding requirements for water and wastewater improvement facilities.
      (2)   The city shall accept the reclaimed water distribution system and transmission mains constructed by the developer provided the city determines that the developer’s facilities meet all of the following conditions:
         (a)   The facilities were constructed to city standards;
         (b)   The facilities are in good working condition;
         (c)   The facilities are either in a public right-of-way or in a city-approved utility easement. Any new easement shall be adequately sized to accommodate construction and maintenance of any reuse system component. No obstruction of any kind shall be planted, built, or otherwise created within the limits of the easement or right-of-way without the written permission of the Utilities Superintendent; and
         (d)   The engineer of record has certified that the facilities were designed and constructed in accordance with sound engineering practices and all applicable standards.
   (N)   User rates and service charges. Refer to § 56.04.
   (O)   Maintenance.
      (1)   The property owner and customer shall be responsible for the maintenance of all irrigation lines and appurtenances on the property serviced by the city under this chapter. The city reserves the right to disconnect the service to any property that does not maintain the system. In addition, should the customer require reclaimed water at different pressures or different quality or in any way different from that normally supplied by the city, he or she shall be responsible for the necessary devices to make these adjustments and to obtain approval from the Utilities Superintendent.
      (2)   The city shall make a reasonable effort to inspect and keep its facilities in good repair but assumes no liability for any damage caused by the reclaimed water system that is beyond the control of normal maintenance or due to situations not previously reported to the Utilities Services branch. This shall include damage due to breaking of pipes, poor quality of water caused by unauthorized or illegal entry of foreign material into the reclaimed water system, faulty operation of fire protection facilities, or other reasons.
      (3)   All facilities that have been accepted by the city shall become the property of the city and will be operated and maintained by the city. No person shall perform any work or be reimbursed for any work or in connection with any work on the reclaimed water system unless written authorization from the city is received prior to the work being accomplished.
   (P)   Emergency acts.
      (1)   The Administrator or designee may interrupt the delivery of reclaimed water to any property for or upon which a violation of the chapter or any related regulation has occurred. Any such interruption shall continue until such time deemed appropriate by the Administrator or his or her designee for resumption of service to the property.
      (2)   The Administrator or his or her designee may take any emergency action he or she deems necessary and appropriate to protect persons or property from any injury, loss, or damage which may reasonably be expected to result from each specific violation of this chapter or of any related regulation. The customer shall be responsible for all costs incurred by the city for any emergency measures performed by or at the request of the city as a result of such a violation attributed to the customer’s reuse system or operation thereof.
(Ord. 1387-19, passed 10-28-19)