§ 4.16.060. Service area.

A.

The rules and regulations contained in this ordinance apply to recycled water service to lands and/or improvements lying within the legal boundaries of the District, to properties contiguous to the District under the same ownership as abutting lands within the District 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. Recycled water may also be provided to other agencies outside the District's service area.

B.

Determination of recycled use area.

1.

General.

(a)

The Board of Directors may adopt and periodically review the District's Recycled Water Master Plan and recommend where water service should be made with recycled water in place of potable water. The Master Plan shall be in accordance with the requirements of DHS and RWQCB. Where it is determined recycled water is, or will be available within five years, the District is authorized to request modifications to existing on-site water facilities and require construction of recycled water systems in new developments.

(b)

The Board of Directors may enter into agreements with surrounding cities and/or other agencies to provide recycled water to those areas.

2.

Existing potable water service.

(a)

The Board of Directors may make determinations of areas where existing potable water use should be replaced with recycled water use.

(b)

A notice of the determination to use recycled water shall be mailed to the current owner, explaining the reasons for use and resultant procedures needed to facilitate recycled water use as well as the proposed conditions and schedule for the proposed conversion. Partial or full conversion of existing customers to recycled water use may be mandated only as allowed or required by law.

(c)

If a current customer would like to enter into a recycled water use agreement to receive recycled water, he/she/it must submit an application for a recycled water permit to the District for review, along with any required application fee. The District shall then review the application for completeness and contact the customer regarding the potential provision of service and the recycled water use agreement. The application and agreement shall conform with requirements of the applicable rules and regulations. If the customer does not agree to the terms for the provision of recycled water service under a recycled water use agreement, or if the District determines that recycled water is not available for the proposed use, the District may, in its sole and absolute discretion, refuse to provide such service.

3.

New recycled water service.

(a)

On submittal by applicant of a tentative map, land use permit, other proposed land development/land use, or request for recycled water service, the Administrator shall make preliminary determinations if recycled water service can be provided to the area in question. Based upon such determinations, use of recycled water and construction of recycled water distribution systems or other facilities within a new development for the use of recycled water, and the application for a service, may be required as conditions of approval of any development application, in addition to any other conditions of the new industrial, commercial or residential development.

(b)

Upon submittal by applicant of a proposed alteration or remodeling of multifamily, commercial or industrial structures which substantially increase a facility's area, volume or size, or upon request for recycled water service, the Administrator shall make preliminary determinations if recycled water service can be provided to the area in question. Based upon such determinations, use of recycled water and construction of recycled water distribution systems or other facilities, and the application for such use, may be required as conditions of approval of any application, in addition to other conditions of approval for the alteration or remodel.

(c)

The Administrator 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 for use.

( Ord. No. 46-C, § 2(Exh. A), 5-27-2014 )