HomeMy Public PortalAboutOrdinance 775Ordinance No. 775
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA
ESTABLISHING SERVICE CHARGES AND FEES FOR RECYCLED OR RECLAIMED
WATER IN THE CITY OF BEAUMONT AND THE CITY SPHERE OF INFLUENCE
TABLE OF CONTENTS
Article Page
1 INTRODUCTION 1
1.1 General 1
1.2 Purpose 1
1.3 Policy 1
1.4 Intent 2
1.5 City's Goals and Objectives 2
1.6 Scope 2
1.7 Incorporated Documents 3
DEFINITIONS 4
3 DETERMINATION OF RECLAIMED WATER USE AREA 8
3.1 General 8
3.2 Recommended Reclaimed Water Use 8
3.3 Existing Potable Water Service 8
3.4 New Reclaimed Water Service 8
4 RECLAIMED WATER SERVICE 9
4.1 General 9
4.2 Application Procedure 9
4.3 Reclaimed Water Use for Construction 10
4.4 Reclaimed Water Use Permit 11
4.5 Reclaimed Water Agreement 2
4.6 Metering 12
4.7 Billing 13
4.8 Time and Manner of Payment 13
4.9 Notices and Disconnection of Service 13
4.10 Turn Off Procedures and Charges 13
4.11 Restoration of Service 14
5 FEES/DEPOSITS 15
5.1 General 15
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Table of Contents Continued
5.2 Change of Rates/Charges 15
5.3 Financial Participation by City 15
5.4 Security Deposits 15
5.5 Establishment of Rates, Charges & Fees 15
5.6 Temporary Service 18
5.7 Service Outside City 18
6 CONDITIONS OF SERVICE 19
6.1 General 19
6.2 Service Connection 19
6.3 Responsibilities for Making Connections 20
6.4 Relocation of Reclaimed Water Service Line 20
6.5 Meter Testing 20
6.6 Scheduling Reclaimed Water Delivery 20
6.7 Emergency Connections to Reclaimed Water System 21
6.8 Other Limitations of Service 21
7 FACILITIES 22
7.1 General 22
7.2 On -Site Reclaimed Water Facilities 22
7.3 Interim Service 22
7.4 Off -Site Reclaimed Water Facilities 23
7.5 Conversion of Existing Facilities to Reclaimed Water Use 24
7.6 Conversions of Facilities from Reclaimed Water Use 24
7.7 Marking Water Facilities 24
8 OPERATION 26
8.1 On -Site Facilities 26
8.2 Off -Site Facilities 27
9 PROTECTIVE MEASURES 28
9.1 General 28
9.2 Where Protection is Required 28
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Table of Contents Continued
9.3 Type of Protection 28
9.4 Inspection of Protective Devices 29
9.5 Reclaimed Water Supervisor 29
9.6 Notification by User 29
9.7 Monitoring and Inspection 29
9.8 Other Measures 29
10 ON-SITE CONTROLS 31
10.1 Implementation 31
10.2 State/Local Regulation 31
10.3 Operational Controls 31
10.4 Identification 32
10.5 Posting of On -Site Warnings 32
11 SEVERABILITY 33
12 ENFORCEMENT AND PENALTIES 34
12.1 Notice of Violation 34
12.2 Noncompliance Following Notice of Violation 34
Appendix A - Reclaimed Water Rate Schedule
Appendix B - Miscellaneous Charges
Appendix C - City Participation
Exhibit 1 - Application for Reclaimed Water Service
Exhibit 2 - Application for Waste Discharge Permit
Exhibit 3 - Application for Reclaimed Water Use
Exhibit 4 - Temporary Fire Hydrant Use Application
Exhibit 5 - Bill of Sale
Exhibit 6 - Statement of Cost Construction
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ARTICLE 1
INTRODUCTION
1.1 GENERAL:
The City of Beaumont is primarily dependent on limited sources of groundwater and imported water
for domestic, agricultural and industrial uses. This source of groundwater and imported water
supply is considered limited and its future reliability uncertain.
The City will operate and maintain a recycled or reclaimed water distribution system which will
enable it to provide reclaimed water at tertiary treatment levels. Depending upon the level of
treatment supplied, uses of reclaimed water may include, but not be limited to, greenbelt irrigation,
agricultural irrigation, industrial process and, commercial uses, landscape or recreational purposes,
wildlife habitat, and groundwater recharge.
This reclaimed water constitutes a viable alternate water supply, and along with other non -potable
sources, allows conservation of large quantities of higher quality potable water to be made available
for domestic use.
1.2 PURPOSE:
The purpose of this Ordinance is to promote the conservation and reuse of water resources and
provide for the maximum public benefit from the use of the City's reclaimed water. Such measures
are consistent with the legal responsibilities and obligations of the City to wisely utilize the water
resources of the State of California, the City and the Beaumont -Cherry Valley Water District. This
Ordinance shall apply and may hereinafter be amended by a successor of the City pursuant to a
Reclaimed Water Purchase Agreement .
1.3 POLICY:
1.3.1 Reclaimed Water Use:
It shall hereafter be City policy that reclaimed or other non -potable water be used for any purposes
approved for non-domestic water use, to the maximum extent possible. Use of potable water for
non-domestic uses shall be considered contrary to City policy, shall not be considered the most
beneficial use of the natural resource and shall be avoided to the maximum extent possible.
1.3.2 Priority:
Reclaimed water shall be provided on a first come, first served basis, as long as reclaimed water is
available; however, agricultural use will be given priority over other non-domestic uses.
1.3.3 Equitable Allocation of Costs:
The City is committed to expanding its reclaimed water distribution, pumping, treatment and storage
facilities in order to maximize reuse and provide alternate, or new sources of water supply.
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Each reclaimed water user shall be charged their fair share of all costs incurred by the City in
providing that service, as determined by the City Council.
1.4 INTENT:
1.4.1 It is the City's intent to provide reclaimed water wherever its use is economically, financially and
technically feasible, consistent with regulatory requirements, the preservation of public health and
welfare, and the environment. This shall be accomplished through the collection and treatment of
sewage, wastewater, and other non-domestic supplies, and the beneficial reuse of the resultant
reclaimed water in compliance with applicable Federal, State and local regulations.
1.4.2 It the City's intent to maintain reclaimed water quality through a stringent pre-treatment program
for commercial and industrial wastes and by restricting brine discharges from water softeners,
evaporative coolers, and other sources.
1.5 CITY'S GOALS AND OBJECTIVES:
The City's goals and objectives with respect to providing reclaimed water service are as follows:
1.5.1 Planning:
Provide for the orderly expansion of reclaimed water facilities to meet future demands for reclaimed
water.
1.5.2 Operations:
Operate reclaimed water systems to provide dependable service at required quality for approved uses
to authorized users.
Maintain quality of wastewater entering the water reclamation treatment processes by establishing
maximum levels of brine or other contaminates in wastewater and by restricting discharge of excess
brine or other unacceptable wastes discharged to any sewerage system tributary to an existing or
planned City reclamation facility.
1.6 SCOPE:
The provision of this Ordinance shall govern the requirements for reclaimed water use, the
commencement and termination of reclaimed water service, and the conditions and regulations of
such service within the City's jurisdiction including the City Sphere of Influence.
Because the addition of supplemental non-domestic water to the reclaimed water system will vary
from time to time and place to place, all rules and regulations therein will be enforced as if the
supply is always 100% reclaimed water.
This Ordinance shall be interpreted in accordance with the purpose, policy and intent of this
Ordinance and the definitions as set forth in Article 2 herein. The provisions of this Ordinance shall
apply to the use of all reclaimed water delivered by the City. To comply with applicable Federal,
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State and Local regulatory agency requirements, provisions are made in this Ordinance for the
regulation of reclaimed water use. This Ordinance also provides for the establishment of penalties
for violation of the Ordinance.
1.7 INCORPORATED DOCUMENTS:
The following documents, as they now exist and as they may be amended from time to time, are
incorporated herein by this reference and made a part hereof as though fully set forth:
1. Eastern Municipal Water District (EMWD) Backflow/Cross-Connection Control
Regulations
2. "Reclamation Criteria": California Administrative Code (Title 22, Division 4, Chapter 3)
3. "Manual of Cross -Connection Control/Procedures and Practices": Department of Health
Services
4. "Regulations Relating to Cross -Connections": California Administrative Code (Title 17,
Chapter 5, Subchapter 1)
5. "Procedural Guide and General Design Requirements for Construction of Reclaimed Water
Facilities": EMWD
6. "Guidelines for Distribution of Non -potable Water": California -Nevada Section American
Water Works Association
7. "Guidelines for Use of Reclaimed Water": Depai tinent of Health Services
8. All applicable Federal, State and Local Regulations.
9. All other rules and regulations, as determined by the City Council.
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ARTICLE 2
DEFINITIONS
AGRICULTURAL USE: Reclaimed water used for the production of crops and/or livestock and the
preparation of these products for market. (Minimum basic use of 400 gpm/24 hours per day.)
APPLICANT: Any person, group, firm, partnership, corporation, association, or agency who desires, or is
required by this Ordinance, to use reclaimed water.
APPLICATION RATE: The rate at which reclaimed water is applied to a use area.
AS -BUILT DRAWINGS: Engineered drawings that depict the completed facilities as constructed or
modified.
AUTOMATIC SYSTEM: Automatic controllers, timers, valves, and associated equipment used to
program irrigation systems for the application of reclaimed water.
AUXILIARY WATER SUPPLY: Any water supply on or available to the premises other than the City's
potable water supply.
BACKFLOW: A flow condition, caused by a differential in pressure, that causes the flow of water or other
liquids, gases, mixtures or substances into the distributing pipes of a water supply from any source or sources
other than an approved water supply source. Back siphoning is one cause of backflow. Back pressure is the
other cause.
BRINE: A saline solution resulting from the operation of a regenerative type water softener, evaporative
cooling device, or other source. The Brine, for purposes of this Ordinance, shall be defined as any
wastewater with a total dissolved solids (TDS) content exceeding the limits resonably determined to be
aceptable by the City Public Works Director.
CHIEF ENGINEER: The Public Works Director of the City of Beaumont.
CITY: The City of Beaumont City Council.
CITY RECLAIMED WATER DISTRIBUTION SYSTEM: Individually or collectively, any reclaimed water
facility or facilities financed, constructed and dedicated to the City by an applicant, developer, or customer
or financed and constructed by the City itself.
CODE: The current California Administrative Code.
COMMODITY CHARGE: A charge imposed by the City for all reclaimed water used, whether such water
use is estimated or is actually metered.
COMMERCIAL USE: Any building for office or commercial uses with water requirements which include,
but are not limited to, landscape irrigation, toilets, urinals and decorative fountains.
CONSTRUCTION DEPOSIT: Deposit placed with the City to cover the estimated cost of reclaimed water
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facilities to be installed by the City for a User.
CROSS -CONNECTION: Any unapproved and/or unprotected connection, or potential connection, between
any part of a potable water system and any source or system containing water or other substances not
approved as safe and potable for human consumption.
CUSTOMER: Any person, group, firm, partnership, corporation, association, or agency who legally receives
reclaimed water service from the City. (USER)
CUSTOMER SERVICE VALVE: Valve at the terminus of the service connection, which is the point of
connection with the user's on-site facilities and may be operated by user.
DIRECT BENEFICIAL USE: The use of reclaimed water which has been transported from the point of
production to the point of use without an intervening discharge to waters of the State.
DISCHARGE: Any release or distribution of reclaimed water, or release of wastes to a sewerage system.
ECONOMICALLY FEASIBLE: Overall User costs of reclaimed water and reclaimed water facilities will
be offset by long-term water cost savings and/or mitigation fee credits which may be issued in accordance
with the Cooperative Agreement between the City and the Beaumont -Cherry Valley Water District as
determined by the City to the point of economic viability, or overall User costs of reclaimed water and
reclaimed water facilities as otherwise determined by the State Regional Water Quality Control Board to be
reasonable.
CITY MANAGER: The City Manager of the City of Beaumont.
GREENBELT AREAS: A greenbelt area includes, but is not limited to, parkways, parks, school athletic
fields and landscaping within or surrounding a particular area as determined by the Public Works Director.
INDUSTRIAL PROCESS WATER: Water for any industrial facility with requirements which include, but
are not limited to, rinsing, washing, cooling, circulation, or construction.
INFILTRATION RATE: The rate at which a soil will accept water.
LANDSCAPE IMPOUNDMENT: A body of water containing (all or part) reclaimed water which is used
for aesthetic or irrigation purposes and which is not intended for public contact or ingestion.
LANDSCAPE IRRIGATION SYSTEM: All equipment and materials used for applying irrigation water to
the use area from the service connection, including all piping, valves, sprinkler heads, controllers and
appurtenances.
LESSEE: Person leasing property from the property owner.
LESSOR: Property owner leasing property to a lessee.
NON-DOMESTIC USE: Any water use not requiring potable water.
NON-DOMESTIC WATER: Water available from the City's reclaimed water facilities, which may include,
but is not limited to, a combination of treated wastewater, intercepted surface and subsurface stream flows,
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and groundwater, supplemented by other waters, including domestic (potable) water.
NONPOTABLE WATER: Water that has not been treated for, or is not acceptable for, human consumption
in accordance with Federal, State and local drinking water standards.
OFF-SITE FACILITIES: Existing or proposed facilities under the control of the City, or other public
agency, from the source of supply to the point of connection with the customer's on-site facilities, normally
up to and including City's meter and the meter box.
ON-SITE FACILITIES: Existing or proposed facilities within property under the control of the user,
normally downstream of the City's meter.
ON-SITE RECLAIMED WATER SUPERVISOR: A qualified person designated by a reclaimed water user
and approved by the City. This personal shall be knowledgeable in the construction and operation of
reclaimed water and irrigation systems and in the application of the Federal, State and local guidelines,
criteria, standards, and rules and regulations governing the use of reclaimed water.
POTABLE WATER: Water which conforms to the latest Federal, State and local drinking water standards.
PROPERTY OWNER (OWNER): The holder of legal title to a property.
RECLAIMED WATER: As defined in Title 22, Division 4, Chapter 3, Environmental Health, of the
California Administrative Code (Code), means water which, as a result of treatment of wastewater, is
suitable for direct beneficial use or a controlled use that otherwise would not occur; such treatment of
wastewater having been accomplished in accordance with the criteria, including the level of constituents in
combination with the means for assurance of reliability, as set forth in the Code.
For the purposes of this Ordinance any combination of recycled or reclaimed, non-domestic or potable water
shall be referred to as "reclaimed water".
RECLAIMED WATER AGREEMENT: A contract between the City and the user which must be executed
as a condition for obtaining reclaimed water service.
RECLAIMED WATER FACILITIES: Facilities used in the treatment, storage, pumping and conveyance
of reclaimed water.
RECLAIMED WATER USE PERMIT (USE PERMIT): The processed and approved application for, and
agreement with, the City for reclaimed water service, including all applicable Regulatory Agency
requirements.
RECREATIONAL IMPOUNDMENT: A body of reclaimed water used for recreational activities including,
but not limited to, fishing, boating, and/or swimming. Allowable uses will depend on treatment level of the
reclaimed water.
REGULATORY AGENCY: Individually, or in concert, the Federal EPA, the State Water Resources Control
Board, the California Regional Water Quality Control Board, the State Department of Health, and the
Riverside County Health Department, Department of Fish and Game, U.S. Army Corp of Engineers,
Riverside County Flood Control, EMWD.
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REIMBURSEMENT AGREEMENT: An agreement for future limited reimbursement by the City for the
cost of portions of reclaimed water facilities which a developer, user, applicant, or other may be required to
install which are necessary and beneficial to a subsequent development, or User.
RULES AND REGULATIONS: All applicable rules and regulations issued by appropriate regulatory
agencies, as periodically amended.
SECONDARY EFFLUENT: Wastewater which has been treated by gravity sedimentation to remove
settleable solids remaining after the primary biological treatment process.
SECURITY DEPOSIT: Moneys required to be deposited with the City for the purpose of guaranteeing
payment of monthly bills rendered for reclaimed water service.
SERVICE: The delivery of reclaimed water to a User.
SERVICE CONNECTION: The City's facilities between the City's reclaimed water distribution system and
the customer's reclaimed water service valve, including, but not limited to, the meter, meter box, valves and
piping equipment.
SERVICE CONNECTION FEE: A charge imposed by and paid to the City to cover the installation costs
of reclaimed water facilities to be paid for by the user/applicant as a condition prior to service.
STANDARD SPECIFICATIONS: "Standard Specifications for Construction of Water, Sewer and
Reclaimed Water Facilities" of EMWD, as amended.
SURCHARGE: A charge imposed by the City for the provision of special service not normally provided
by the City.
SYSTEM OPERATOR: On-site reclaimed water supervisor, or designee responsible for operation and
maintenance of user's system in conformance with this Ordinance.
TECHNICALLY FEASIBLE: Off-site reclaimed water facilities are in place to supply the property or such
facilities will be in place within five (5) years.
TERTIARY EFFLUENT: Secondary effluent which has been disinfected and filtered. Allowable uses
include body contact and irrigation of human food crops.
UNAUTHORIZED DISCHARGE: Any release of reclaimed water that violates the provisions of this
Ordinance or any applicable Federal, State, City, or local statutes, regulations, ordinances, contracts or other
requirements.
USE AREA: The specific area designated to be served reclaimed water through on-site reclaimed water
facilities.
USER: Any person, group, firm, partnership, corporation, association or agency accepting reclaimed water
facilities for use in accordance with this Ordinance. (APPLICANT, OWNER OR CUSTOMER).
WATER CODE: State of California Water Code.
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ARTICLE 3
DETERMINATION OF RECLAIMED WATER USE AREA
3.1 GENERAL:
The City may adopt plans and policies (the Master Plan) as set forth in the Beaumont -Cherry Valley
Water District Recycled Water Master Plan designating current and potential areas of reclaimed
water use in accordance with this Ordinance and shall encourage the development of reclaimed
water use within the City and the City Sphere of Influence. The Master Plan may be reviewed and
updated as needed.
3.2 RECOMMENDED RECLAIMED WATER USE:
3.2.1 The City may review the Master Plan and recommend where water service should be made with
reclaimed water in lieu of potable water. Where it is determined reclaimed water is, or will be
available within five (5) years, the City may request modifications to existing on-site water facilities
and require construction of reclaimed water systems in new developments to handle current and/or
future reclaimed water use.
3.2.2 The City may enter into agreements with other cities and/or water agencies to determine reclaimed
water use areas within the service area/jurisdiction of those entities.
3.3 EXISTING POTABLE WATER SERVICE:
3.3.1 Upon adoption of this Ordinance the Master Plan, the City may make determinations of areas where
existing water use should be served with reclaimed water.
3.3.2 A notice of the determination may be sent to the owner. A meeting will be scheduled with the
owners specified to present the reclaimed water use options and select use areas for conversion.
3.4 NEW RECLAIMED WATER SERVICE:
3.4.1 With submittal by owner of a tentative map, subdivision map, land use permit, or request for water
service, the City staff will review the Master Plan and make a preliminary determination if water
use on a certain parcel should be served with reclaimed water or be designed to accommodate the
use of reclaimed water in the future.
3.4.2 A notice of the preliminary determination will be sent to the owner and/or a condition of approval
may be imposed on approved projects.
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ARTICLE 4
RECLAIMED WATER SERVICE
4.1 GENERAL:
4.1.1 The City's reclaimed water shall be used in a manner that complies with any and all applicable
Federal, State and local statutes, ordinances, regulations and other requirements for the treatment
level supplied, and will achieve the following:
a) Prevent direct human consumption of reclaimed water through:
1. User/City adherence to all applicable rules and regulations.
2. Posting of warning signs by user.
3. City Cross-Connection/Backflow Prevention Control Program.
b) Control runoff of reclaimed water through City monitoring of the installation and operation
of reclaimed water facilities and use areas.
c) City monitoring of reclaimed water quality.
4.1.2 Where water is used for irrigation, commercial uses, industrial process purposes, landscape
impoundment, wildlife habitat, or recreational impoundment, the City may provide reclaimed water
in lieu of potable water where technically and economically feasible. However, each use must be
approved on a case by case basis. Determination of the specific uses to be allowed shall be in
accordance with the treatment standards and water quality requirements set forth in Title 22,
Division 4, Chapter 3 of the California Administrative Code and with the intent of this Ordinance
to protect the public health. Each use shall, in addition, be subject to the availability of distribution
facilities or the technical and economic feasibility of making such facilities available as set forth
herein.
4.2 APPLICATION PROCEDURE:
4.2.1 No person shall use or make connection to City reclaimed water facilities without first obtaining a
City reclaimed water use permit. Such permit shall be in addition to any and all permits and
conditions required by Federal, state, or local regulatory agencies.
4.2.2 Persons desiring or required to obtain reclaimed water service shall make application (Exhibit 1 and
2) through the Water Operations Branch for a use permit. The permit shall verify that the design and
operational procedures for the applicant's reclaimed water facilities are in compliance with al
applicable regulations. The application shall include, but not be limited to:
a) Name, address and contact phone for:
1. Applicant
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2. Owner of property to be served
3. On-site reclaimed water supervisor
4. System operator
b) Legal description of property to be served;
c) Map showing use area and location;
d) On-site usage plan;
e) Anticipated use and application rate;
f) Signed Application for Reclaimed Water Use Facility Permit/Waste Discharge
Requirements.
4.2.3 An application for reclaimed water service must be made in writing, signed by the applicant and the
owner, if they are not one and the same. The application form shall be furnished by the City.
a) By signing the application, the owner/applicant will agree to comply with the requirements
of any and all applicable Federal, State, and local statutes, ordinances, regulations, and other
requirements. Current requirements are available at the City office on request. The City
may, at its discretion, require specific prior approval of any City use permit by any Federal,
State, or local agency having jurisdiction over, or an interest in, the City's reclaimed water
or facilities operations.
b) Upon receipt of an application, the City shall review the application and may prescribe
requirements in writing to the applicant as to the facilities necessary to be constructed, the
manner of connection, the financial responsibility and the use of the reclaimed water. The
City will check the availability of adequate on-site reclaimed water facilities to insure initial
and future continued compliance with the City's regulations and any other applicable
requirements.
c) A use permit will remain in effect unless:
1. A change of ownership occurs;
2. A change of User occurs;
3. Use of reclaimed water changes; or
4. A use violation has occurred which results in a service turn off per Article 4.10.
A new application must be submitted to reinstate a permit canceled for any of the above criteria.
4.3 RECLAIMED WATER USE FOR CONSTRUCTION:
When available from the City, disinfected reclaimed water shall be used by contractors for dust
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control and soil compaction.
4.3.1 The contractor shall:
a) Make application for reclaimed water service (Exhibits 2 and 5).
b) Pay all fees and deposits for temporary reclaimed water service.
c) Obtain City of Beaumont Reclaimed Water Use Permit and accept its terms and conditions.
d) Obtain a Regional Water Quality Control Board Waste Discharge Permit. All applications
must be submitted to the Regional Board by the City.
e) Obtain a City of Beaumont Reclaimed Water Agreement.
4.3.2 The contractor should give careful consideration to the following:
a) Equipment operators should be instructed as to the requirements contained herein and the
potential health hazards involved with the use of reclaimed water.
b) Tanks and other equipment used for reclaimed water should be thoroughly cleaned of
septage or other contaminants prior to other use.
c) Identify water trucks, hoses, drop tanks, etc., as containing reclaimed water and not suitable
for human consumption. Signs are available and may be purchased from the City.
d) Trucks and other equipment used for reclaimed water shall not be later used for purposes
involving human consumption of water.
e) Reclaimed water must not be introduced into any domestic water piping system and no
connection shall be made between equipment containing reclaimed water and any part of
a domestic water system.
f) Tanks should be cleaned and disinfected after the project is completed. All wastes shall be
disposed of in compliance with all applicable Federal, State, City and local regulations.
4.3.3 Reclaimed water used for construction purposes may only be used for soil compaction during
grading operations, dust control, consolidation and compaction of backfill in reclaimed water,
sanitary sewer, storm drain, gas and electric pipeline trenches.
RECLAIMED WATER MAY NOT BE USED FOR WATER JETTING, CONSOLIDATION OR
COMPACTION OF BACKFILL IN POTABLE WATER PIPELINE TRENCHES.
4.3.4 Failure to observe all regulations governing the use of reclaimed water will result in the reclaimed
water service being terminated until such time as the deficiencies are corrected to the satisfaction
of the City.
4.4 RECLAIMED WATER USE PERMIT:
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4.4.1 The City may issue a reclaimed water use permit upon approval by City staff of an application for
reclaimed water service and issuance of applicable permits by regulatory agencies (see Article
4.4.3). The use permit shall entitle the applicant to receive reclaimed water service upon the terms
and conditions of this Ordinance and the Reclaimed Water Agreement (see Article 4.5).
4.4.2 The use permit shall include the following:
a) Name and address of applicant, owner, or User;
b) A drawing of the proposed on-site system showing the location and size of all valves, pipes,
outlets, and appurtenances;
c) A statement that no changes in the proposed system will be undertaken without application
for and approval of an amended City permit; and,
d) A statement that the applicant recognizes potential penalties for violation of the rules and
regulations of the City and any regulatory agencies.
4.4.3 The City may apply for and process all applicable regulatory agency permits. The cost and
preparation of any study or report necessary to comply with California Environmental Quality Act
(CEQA) or other regulatory requirements shall be the responsibility of the applicant.
4.4.4 A copy of the current permit must be available and clearly visible at the use site and be on file at the
User's office.
4.5 RECLAIMED WATER AGREEMENT:
A reclaimed water agreement may be prepared following issuance of the use permit. This agreement
shall specify:
1. User
2. Quantity of reclaimed water to be used.
3. Permitted Uses.
4. Rate(s) charged for use of reclaimed water.
5. Property location.
6. Expiration date of agreement.
Reclaimed Water Agreements are not transferable. A new agreement must be made if there is a
change of owner, User or land use.
4.6 METERING:
For the purpose of computing charges, each reclaimed water meter will be considered separately,
unless otherwise specified.
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4.7 BILLING:
The City will render monthly billings for reclaimed water deliveries made during the preceding
month, based on meter readings. Such bills and charges shall be deemed to have been presented
upon having been deposited in the United States mail, postage pre -paid and addressed to the
customer, as reflected in the records of the City.
4.8 TIME AND MANNER OF PAYMENT:
All bills and charges for reclaimed water service hereunder shall be due and payable upon
presentation and shall become delinquent fifteen (15) days after presentation. Billings, in
accordance with the City's prevailing Rules and Regulations, shall be paid within fifteen (15) days
of the date thereof. Any late payments shall be considered delinquent and shall be subject to the
City's standard penalty charges and disconnect procedures then in effect, as set forth in the City
Rules and Regulations for sewer service.
4.9 NOTICES AND DISCONNECTION OF SERVICE:
4.9.1 Delinquent Notices of Nonpayment and Disconnection will be rendered for all accounts not paid
within fifteen (15) days of presentation of billing.
4.9.2 Service will be disconnected without further notice thirty (30) days after presentation of billing.
4.10 TURN OFF PROCEDURES AND CHARGES:
4.10.1 By reason of circumstances beyond the control of the City and in order to protect facilities of the
City, or for the protection of the public health, safety and welfare of the residents and property
owners of the City and the general public, service may be terminated under the conditions set forth
below, not withstanding the existence of a valid permit for reclaimed water service.
The City may terminate reclaimed water service on a temporary basis at any time reclaimed water
at the terminal point of the City's distribution system does not meet the requirements of regulatory
agencies, including those prescribed by the State of California, Administrative Code, Title 22,
Division 4, Chapter 3. Reclaimed water service would, in such case, be renewed at such time that
reclaimed water at the terminal point of the distribution system would again meet the requirements
of regulatory agencies, or at such time that the City would supplement the reclaimed water system
with water from other sources.
4.10.2 Turn-off at the Customer's Request: A customer may request that service be disconnected either
temporarily or permanently, but only when repairs or improvements to the customer's property
temporarily necessitate turn-off or in the event reclaimed water is no longer needed to comply with
Rules and Regulations. Such a request must be made by giving at least fifteen (15) working day's
advance notice to the City. If such a notice is not given, the customer will be billed for service until
one (1) working day after the City acquires knowledge that the customer has vacated premises or
otherwise has discontinued service.
4.10.3 Turn-off by the City: The City may disconnect a customer's service for various reasons. Such
disconnections are effected by turning off, locking, or sealing the meter, thereby stopping the
reclaimed water service. The customer will be notified of disconnection in person, or by placing a
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disconnection notice on the meter. Reasons for disconnection include, but are not limited to, the
following:
a) For Non -Payment of Bills: A service may be disconnected for nonpayment of reclaimed
water bills. Before a service is disconnected, the customer will be notified by a Delinquent
Notice of Nonpayment and Disconnection as delineated under Article 4.8. A service may
be disconnected for nonpayment of any water charges of a customer, whether or not the
payment delinquency is associated with reclaimed water service at that service connection
or at any other City reclaimed or domestic water service connection of that same
customer/owner.
b) For Non -Compliance with Rules and Regulations: Reclaimed water service may be
terminated on a temporary or permanent basis in the manner provided herein at any time the
customer's operations do not conform to the use permit and/or applicable requirements as
provided herein.
Where safety of water supply or public health is endangered, or regulations have been
violated, service may be disconnected immediately without notice. The City may
disconnect service to any customer for any violation of this Ordinance after it has given the
customer at least five (5) days' written notice of such intention.
c) For Waste of Water: In order to protect itself against serious and negligent waste or misuse
of reclaimed water, the City may disconnect service if such wasteful practices are not
remedied within five (5) days after written notice to such effect has been given to the
customer.
d) For Unsafe or Hazardous Conditions: The City may disconnect a service without notice if
unsafe or hazardous conditions are found to exist on the customer's premises. The City will
notify the customer as soon as possible of the reasons and the necessary corrections required
before reconnection. Such unsafe or hazardous conditions may exist due to defective
appliances or equipment that may be detrimental to either the customer, the City, or to the
City's other customers, or the general public.
e) For Fraudulent Use of Service: When the City has discovered that a User has obtained
service by fraudulent means, or has diverted the reclaimed water service for unauthorized
use, the service to that User may be disconnected without notice. The City will not restore
service to such site until an applicant has complied with all rules and regulations of the City
and the City has been reimbursed for the full amount of the service has been reimbursed for
the full amount of the service rendered and the actual cost to the City incurred by reason of
the fraudulent use.
4.11 RESTORATION OF SERVICE:
In order to resume or continue service that has been disconnected, the customer must pay a
reconnection charge as set forth under Article 5. The City shall strive to make the reconnection
before the end of the next regular working day following the customer's request and payment of any
applicable reconnection charges. The City will endeavor to make reconnections as soon as practical,
however, reconnections shall only be made during regular office hours established by the City.
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ARTICLE 5
FEES/DEPOSITS
5.1 GENERAL:
Reclaimed water rates, fees and charges are adopted as of the date of adoption of this Ordinance,and
as set forth in the Appendices herein. Any changes in fee schedules shall be automatically adopted
herein, and may be amended by resolution of the City.
Applicants for reclaimed water service shall pay their fair share for the construction of facilities
necessary to deliver reclaimed water to the applicant's property and for distribution thereon. All
fees and estimated construction costs shall be paid prior to construction; however, the City may
reimburse the applicant for a portion of the cost of such facilities as set forth in Article 5.3.
5.2 CHANGE OF RATES/CHARGES:
5.2.1 The City Council reserves the right to change the schedule of reclaimed water rates, service charges
and other charges at any time, or from time to time by resolution.
5.2.2 AUTOMATIC RATE ADJUSTMENT:
Effective July 1 of each year all reclaimed water rates and charges shall be automatically adjusted
by the Consumer Price Index increase, if any, for the previous four (4) quarters ending March 31,
unless the City Council elects to adopt an alternative rate schedule.
5.3 FINANCIAL PARTICIPATION BY CITY:
Under certain circumstances, the City may contribute to the cost of constructing the facilities needed
to deliver reclaimed water to an applicant's property.
Subject to the availability of funds, as set forth in Appendix C:
a) The City may reimburse an applicant for costs incurred to install oversized facilities as
specified in Article 7.4 herein.
b) The City may elect to participate in or construct trunk lines, main lines, reservoirs, pumping
stations or other facilities, as it deems necessary, and/or as funds are available.
5.4 SECURITY DEPOSIT:
The City may require that an applicant, owner, or User post a security deposit. Such amount shall
not be less than the estimated cost of reclaimed water service for a two-month period, or such other
amount as determined by the City. Upon termination of service the security deposit will be applied
to any outstanding charges on the account. Any resulting credit balance shall be refunded to the
User.
5.5 ESTABLISHMENT OF RATES, CHARGES AND FEES:
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a) General Provisions: Rates and charges for reclaimed water service, as specified under
various classifications of service, and other miscellaneous charges are set by the City
Council from time to time. Current rates and charges are adopted by City Council
Resolution and set forth in the attached appendices according to section and rate
classification as set forth below.
b) Retail Reclaimed Water Rates: Retail rates consist of a service charge, and a commodity
charge. In addition to these standard charges an energy charge may be added, if applicable
as determined by the Chief Engineer. The monthly service charge depends on the size of
a customer's meter and is fixed irrespective of the quantity of water used. Any reclaimed
water use is charged at the commodity rate as set forth in Appendix A to this Ordinance.
c) Construction Reclaimed Water Rate: Reclaimed water for construction purposes may be
obtained by licensed contractors from City facilities on a metered basis as set forth in
Appendix A.
d) Wholesale Reclaimed Water Rates: Cities and water agencies may qualify to receive
wholesale reclaimed water rates. Qualification will be determined through water purchase
agreements specifying minimum purchase and storage requirements and must be approved
by the City Council.
e) Capacity Charge: Where the City has constructed facilities to supply reclaimed water to a
User, a Capacity Charge will be calculated and increased based on the then current
construction costs (as determined by the City). This charge will be added to the monthly
reclaimed water billing until the construction costs are paid in full.
f) Meter Found Not Registering: When a reclaimed water meter is found to be out of order,
at the option of the City, the charge for reclaimed water will be based on either the average
monthly use for the last preceding month(s) during which the meter is known to have
registered correctly, or the use as registered during the same month in previous year(s).
Consideration will also be given to volume of business, seasonal demand and any other
factors that may assist in determining an equitable charge. When the meter is covered by
building material or otherwise is inaccessible, so that it cannot be read, an average bill or
series of average bills, will be rendered, and the accumulated errors, if any, in such average
bills will be adjusted when the meter is first thereafter read.
g)
Miscellaneous Charges: In order to recover costs associated with late payments,
disconnections, other damages and expenses sustained by the City, the items listed below
are charged to customers; the dollar amounts associated with each item being determined
by the City Council and set forth in Appendix B.
1. Penalty Charge: Any billings not paid within fifteen (15) days after presentation
shall be considered delinquent and shall be subject to the City's penalty charges as
set forth in Appendix B herein.
2. Reconnection Charge: If a customer requests resumption of service after such
service has been disconnected, then the customer shall pay a reconnection charge
in addition to any past due balance, penalty charges, advance payments, or meeting
any other conditions set forth by the City and incorporated in Appendix B herein.
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3. Return Check Charge: When a customer's check in payment for reclaimed water
service or other charges is returned as non-negotiable for any reason, the City shall
issue a Notice of Returned Check and a 48-hour Notice to Discontinue Reclaimed
Water Service. The Notice to Discontinue will become effective if the reclaimed
water service charges together with the current returned check charge, as set forth
in Appendix B, are not paid in cash or other certified funds on, or before, the date
specified on the 48-hour Notice of Returned Check. No 48-hour notice will be
given in the event a returned check was tendered as payment for reclaimed water
service disconnected for nonpayment. Only cash or other certified funds will be
accepted from customers who have issued a returned check within one year that
paid for restoration of reclaimed water service disconnected for nonpayment. This
restriction only applies to payments made to restore service disconnected again for
nonpayment.
4. Meter Test Charge:
Initial Test - Prior to installation each meter will be tested by the manufacturer or
by the City.
On Customer's Request - A customer may, by giving not less than one week's
notice, request the City to test the meter serving his premises. As a prerequisite to
making the requested test, the City will require the applicant to make a cash deposit
toward the cost of such requested test, as set forth in Appendix B.
This deposit will be returned only if the meter is found to register more than 3%
fast. The customer will be notified not less than two days in advance of the time
and place of the test. An applicant shall have the right to require the City to
conduct the test in his presence or presence of his representative. A written report,
giving the results of the test will be given to the customer within fourteen days after
completion of the test. When, upon testing, a meter is found to be registering more
than 3% fast under conditions of normal operation, the City will, in addition to
returning the deposit paid by the applicant, refund to the applicant the full amount
of the overcharge based on corrected meter readings for the period, not exceeding
six months, that the meter was in use ( See Article 6.5.2).
5. Pulled Meter Charge: If a customer's service has been disconnected and the meter
has been "pulled" or removed from the premises, the customer shall pay the City's
pulled meter charge along with any other charges before the service and meter can
be reconnected.
6. Property Damage: Where a reclaimed water customer is responsible for damage to
City property, said customer shall reimburse the City for any such damage and shall
be responsible for payment of the City's administrative overhead, as set forth in
Appendix B. The customer shall be responsible for damage to City
property/facilities, whether or not responsibility for the actual cause of said damage
is known.
7. Unauthorized use of City facilities is a misdemeanor. Any person found taking
17
OP
reclaimed water from or through any of the City's facilities, or operating City
valves without authorization, will be assessed charges as set forth in Appendix B.
Failure to pay assessed charges may result in prosecution.
8. City Administrative Overhead: The recipient of any services provided by the City
may be assessed a charge for administrative overhead, as set forth in Appendix B,
at the discretion of City Manager.
9. Connection Fees shall be set forth in Appendix B, or as otherwise determined
equitable by the City Manager on a case by case basis.
5.6 TEMPORARY SERVICE:
The reclaimed water rate for all water sold through temporary meters shall be the same as the
construction reclaimed water rate (see Appendix A). The charges for water sold through temporary
meters shall be billed and paid on a monthly basis.
5.7 SERVICE OUTSIDE OF CITY:
a) The rate for reclaimed water used on land or property located entirely outside of the City
shall be the same rate as the rate for water sold through temporary meters unless the
reclaimed water agreement approved by the City Council establishes a rate, in which case
the rate set forth in the agreement shall apply (see Appendix A).
b) The rate for water used on land or property located both inside and outside the City shall be
apportioned according to the place of use insofar as the amounts used on properties within
and outside of the City (see Appendix A).
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ARTICLE 6
CONDITIONS OF SERVICE
6.1 GENERAL:
6.1.1 Service will be provided to property within the City which is contiguous to existing reclaimed water
distribution lines for the uses specified herein. Service will be provided to property not contiguous
to existing distribution lines if the distribution line is extended to the applicant's property as
provided in Article 7.4, or if the City determines the applicant's property can be served within five
(5) years as specified in Article 3.2.
6.1.2 Reclaimed water may be used for any purpose permitted by Federal, State and local regulations
provided that all such use is in accordance with this Ordinance and provided further that:
a) The design and construction of the reclaimed water system shall be approved by the City;
b) The applicant will be required to obtain a City Use Permit, a Regional Water Quality
Control Board Discharge Permit (to be obtained through the City) and execute a Reclaimed
Water Agreement to receive such water and use it only for approved purposes; and
c) Violation of permit conditions will result in reprimand, fines and/or termination of service,
depending on the severity of the violation.
6.1.3 Any such permit may be revoked by the City and thereupon such reclaimed water service shall cease
in the manner provided in Article 4.10 or 4.11 of this Ordinance.
6.2 SERVICE CONNECTION:
6.2.1 The City reserves the right to determine the size of the service line(s), the service connection(s), and
the meter(s) and shall also have the right to determine the kind, size, location and conditions of
backflow prevention device(s) for potable water service protection, in accordance herewith, and any
and all other appurtenances to the service. The service line(s) shall be installed to a curb line or
within a public right of way, abutting upon a public street, highway, alley, easement, lane, or road
(other than a freeway) in which are installed reclaimed water mains of the City.
6.2.2 The City reserves the right to limit the area of land to be supplied by one service connection to one
ownership or lessor. A service connection shall not be used to supply adjoining property of a
different owner unless approved by the City.
When property provided with a service connection is subdivided, such connection shall be
considered as serving the lot or parcel of land that it directly fronts or first enters. Additional mains
and/or reclaimed water service lines will be required for all subdivided areas in accordance with this
Ordinance.
6.2.3 All reclaimed water use shall be metered, and all reclaimed water used on any premises where a
reclaimed water meter is installed must pass through said meter. Customers shall be held
responsible and charged for all reclaimed water passing through the meters, unless otherwise
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specified.
6.3 RESPONSIBILITIES FOR MAKING CONNECTIONS TO CITY SERVICE CONNECTIONS
AND PERMITTED OR PROHIBITED USE OF VALVES BY CUSTOMERS:
a) Every reclaimed water service line installed by the City shall be equipped with a valve on
the inlet side of the meter; such valve being intended exclusively for the use of the City in
controlling the reclaimed water supply through the service line. If the valve or meter is
damaged by the User to an extent requiring replacement or repair, such replacement or
repair shall be at the User's expense. Unauthorized operation or use of City valves or
meters will result in Unauthorized Use Penalties as specified in Article 5 herein.
b) Each City owned reclaimed water service connection, and maintenance responsibility,
terminates at the valve on the User's side of the meter. The User may operate said customer
valve at the terminus of the City's service connection for his convenience. Each User shall
be responsible for furnishing, installing, operating and maintaining all facilities necessary
to convey water from the customer valve to the use area.
6.4 RELOCATION OF RECLAIMED WATER SERVICE LINE:
6.4.1 Should a service line installed according to the directions of the applicant, owner or customer (User)
be of the wrong size, or installed at a wrong location or depth, the cost of relocation or removal shall
be paid for by the User where the error was that of the User or the User's representative. All
services provided prior to final street improvements shall be considered temporary and the costs for
any repairs or changes to on-site facilities required to be performed by the City shall be paid by the
User.
6.5 METER TESTING:
6.5.1 If the reclaimed water meter fails to register during any period or is known to register inaccurately,
the User shall be charged with an average daily usage based on similar seasonal times when the
meter was registering correctly, or by a means determined by the City (see Article 5.5e). Any User
may demand that the meter, through which reclaimed water is being furnished, be examined and
tested by the City for the purpose of ascertaining whether or not it is correctly registering the amount
of reclaimed water being delivered through it. Such demand shall be in writing and shall be
accompanied by a deposit equal to the charge for testing such meter as established from time to time
by the City.
6.5.2 Upon receipt of such demand and deposit, the City will have the meter examined and tested. If upon
such test the meter shall be found to register over three percent (3%) more water than actually passes
through it, the meter shall be properly adjusted or an accurate meter substituted. The deposit shall
be returned and the reclaimed water bill for the current month and for such previous billing periods,
not exceeding six (6) months, or for a period it appears the meter was in error, as determined by the
City, will be adjusted proportionately. If the meter should be found to register not more than three
percent (3%) more than actually passes through it, the deposit shall be retained by the City as the
expense of making the test (See Article 5.50.
6.6 SCHEDULING RECLAIMED WATER:
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6.6.1 The City reserves the right to control and schedule the use of reclaimed water if, in the opinion of
the City, scheduling is necessary for purposes including, but not limited to:
a) The maintenance of an acceptable working pressure in the reclaimed water system;
b) Providing for reasonable safeguards of public health;
c) Availability of reclaimed water; and
d) Maintenance, operation or construction of reclaimed water facilities.
6.7 EMERGENCY CONNECTIONS TO RECLAIMED WATER SYSTEM:
6.7.1 If, in the opinion of the City, an emergency exists whereby reclaimed water is not available, the City
may approve a temporary connection to another water source. Before such temporary connection
is made, disconnection from the reclaimed water system shall be inspected and approved by the City
inspector and an approved backflow prevention device, or devices, of the type determined in
accordance herewith, shall be installed on the alternate water line or lines in accordance with this
Ordinance and other applicable regulations. Emergency connections to the alternate source shall
be removed before connection is reestablished to the reclaimed water system.
Reestablishment of reclaimed water service must be inspected and approved by the City inspector
prior to resuming delivery of reclaimed water.
6.7.2 Supplemental emergency supplies will be delivered at the rate then in effect for the type of alternate
water supplied.
6.8 OTHER LIMITATIONS OF SERVICE:
6.8.1 The City shall not be liable for any damage by reclaimed water, or otherwise resulting from
inadequate capacity, defective plumbing, broken or faulty services, or reclaimed water mains; or any
conditions beyond the control of the City. All applicants for reclaimed water service shall accept
such conditions of pressure, as provided by the distribution system at the location of the service
connection and to hold the City harmless from all damage arising from low pressure or high pressure
conditions, or from interruptions of service.
6.8.2 The City is not responsible for any condition of the reclaimed water itself, or any substance that may
be mixed with or be in reclaimed water as delivered to any User, except as required by Title 22.
6.8.3 All reclaimed water service will be on an interruptible basis, depending on the quantity and quality
of the reclaimed water available, in accordance with the terms of the individual service agreement
between the City and the User.
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ARTICLE 7
FACILITIES
7.1 GENERAL:
All off-site reclaimed water facilities and all on-site reclaimed water facilities shall be designed and
constructed according to the requirements, conditions, and standards as adopted and revised by the
City from time to time, including, but not limited to, "EMWD Standard Specifications for the
Construction of Reclaimed Water Facilities", which document is on file at the City office, and by
reference is incorporated herein, or as otherwise approved by the Chief Engineer. The reclaimed
water system including both off-site and on-site facilities, shall be separate and independent of any
potable water system.
7.2 ON-SITE RECLAIMED WATER FACILITIES
7.2.1 Any on-site reclaimed water facility shall be provided by the User, at the User's expense. The User
shall retain title to all such on-site facilities.
7.2.2 On-site facilities, in addition to conforming to applicable City standards, criteria, specifications, and
guidelines, shall conform to local and other governing codes, rules, and regulations. When the
City's Standard Specifications require a higher quality material, equipment, design or construction
method than that required by any other governing codes, rules and regulations, the City
specifications shall control as determined by the Chief Engineer.
7.2.3 Plans, specifications and record drawings, in accordance with City requirements, shall be prepared
and submitted to the City for on-site facilities. Plans and specifications must be approved by the
City prior to commencing construction.
7.2.4 Irrigation schedules and controller charts for landscape sprinlder irrigation systems must be prepared
by the applicant and approved by the City in accordance with the above referenced specifications.
Prior to commencement of service to any on-site system using reclaimed water, record drawings
shall be provided by the User and approved by the City. The installed system shall be tested under
active conditions in the presence of the City inspector to ensure that the operation is in accordance
with this Ordinance.
7.3 INTERIM SERVICE:
In those areas where reclaimed water is not immediately available when the use area is ready for
construction, and if the City has determined that reclaimed water will be supplied in the future, on-
site facilities shall nevertheless be designed to use reclaimed water. Provisions shall be made and
these regulations followed to allow for connection to the City's off-site reclaimed water facilities
when available. In the interim, domestic or other suitable water may be supplied to the of -site
facilities through an "interim service".
7.3.1 Conditions of this interim service are:
a) In the opinion of the Chief Engineer, reclaimed water is anticipated to be available to the
22
site within five (5) years of the time the interim service is initiated;
b) The applicant must obtain a reclaimed water use permit; and
c) The applicant must agree to perform all work necessary to make connections to the
permanent reclaimed water system once installed by the City.
7.3.2 An approved backflow preventer will be required on the interim service as long as the on-site
facilities are using an alternate source of water. The backflow preventer shall be at the point of
connection with the interim supply system and a part of the on-site reclaimed water facilities. The
City will remove the interim connection and the backflow preventer at the User's expense and will
make the connection to the on-site facilities when reclaimed water becomes available.
7.3.3 Future reclaimed water customers will pay for the cost of constructing and abandoning the interim
service, whatever reclaimed water fees are applicable at the time it becomes available, and
applicable interim water rates for the type of water delivered through the interim service.
7.3.4 When the reclaimed water is available, an inspection of the on-site facilities will be conducted by
the Chief Engineer to verify that the facilities have been maintained and are still in compliance with
the reclaimed water permit. Upon verification of compliance, reclaimed water shall be supplied to
the parcel for the intended use. If the facilities are not in compliance, the City shall notify the User
to correct the noncompliance. Reclaimed water will not be supplied until the facilities are in
compliance.
7.4 OFF-SITE RECLAIMED WATER FACILITIES:
a) Any off-site reclaimed water facilities that are required to serve the User property, shall be
provided by the User at his expense, unless the City determines it is a City benefit to
construct these capital facilities.
b) The City may require the construction of off-site facilities, including pipelines, reservoirs,
pumping facilities, and treatment facilities, either within the area described in the
application for service or outside of such area. If such facilities are larger than the size
determined by the City to be required for providing adequate service to the property
described in the application submitted to the City, the City may contract with the User for
reimbursement on a pro rata basis for the difference between the cost of the oversized
facilities and the facilities which otherwise would be required to provide adequate service
to the property described in the application for service submitted to the City in the manner
herein provided.
c) The terms, extent, and provisions of such reimbursement agreement shall be determined
from time to time by the City at its discretion. In no event shall interest be paid on any such
amounts. The period of time in which reimbursement will be made will be determined by
the City, dependent upon the amount necessary to be advanced by the User in addition to
other normal charges, the probability of receipt of payment, and of anticipated development
in the area in which the facilities are proposed to be constructed. The amount advanced for
facilities available to lands outside the area described in the application for service shall be
taken into account when development occurs for which such facilities are constructed; and
the City reserves the right to impose and charge additional connection charges, initial
23
charges, and costs, if necessary, to cause equitable reimbursement in any such instances.
d) Plans and specifications for off-site facilities shall be submitted to and approved by the City
prior to construction. The City shall inspect, approve and make final acceptance of all off-
site facilities.
e) The City shall provided reclaimed water to the point of connection of the off-site facilities
to the on-site facility upon transfer to the City of title to all off-site facilities in the required
systems and any necessary easements therefor. All easements shall be in a form acceptable
to the City and not subject to outstanding obligations to relocate such facilities or any deeds
of trust, except in instances where such is recommended by the City Manager to be in the
best interests of the City.
7.5 CONVERSION OF EXISTING FACILITIES TO RECLAIMED WATER USE:
Where it is planned that an existing non -reclaimed water system be converted to a reclaimed water
facility, the facilities to be converted to reclaimed water shall be investigated in detail. The City
shall review the record drawings, prepare required reports, and determine the measures necessary
to bring the system into full compliance with this Ordinance. No existing potable water facilities
shall be connected to or incorporated into the reclaimed water system without City and other
regulatory agency testing and approval.
7.6 CONVERSION OF FACILITIES FROM RECLAIMED WATER USE:
If, due to on-site reclaimed water system failure or use violations, the City deems it necessary to
convert on-site facilities from a reclaimed water supply to a potable, or other, water supply, it shall
be the responsibility of the User, unless determined otherwise by the City, to pay all costs for such
conversion, by way of, but not limited to, the following items:
a) Isolation of the reclaimed water supply. Service shall be removed and plugged by the City
at the City main or abandoned in a manner approved by the Chief Engineer.
b) The applicant shall install approved backflow devices on any and all potable, or other, water
meter connections.
c) The removal of the special reclaimed water quick -couplers including the replacement of
these with approved valves for potable water systems.
d) Notification to all on-site personnel involved.
e) The removal of all warning labels/signs.
f) The installation of all potable waterlines and facilities and any capacity fees due, as
provided for in the Rules and Regulations.
7.7 MARKING WATER FACILITIES:
The exposed portions of the User's reclaimed water facilities shall be painted, banded, marked, or
otherwise differentiated at sufficient intervals to clearly distinguish which water is safe and which
24
is not safe in accordance with local and health department requirements. The same color/markings
shall always be used to indicated the same type of water throughout the system. All outlets from
reclaimed water systems shall be posted as being contaminated and unsafe for drinking purposes.
All outlets intended for drinking purposes shall be plainly marked to indicate that fact as determined
by the Rules and Regulations.
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ARTICLE 8
OPERATION
8.1 ON-SITE FACILITIES:
a) The operation, surveillance, repair and maintenance of on-site reclaimed water facilities are
the responsibility of the User.
b) The operation, surveillance and maintenance of all on-site facilities using the City's
reclaimed water shall be under the management of an "On -Site Reclaimed Water
Supervisor" designated by the User and approved by the City. The City may, from time to
time, require that an "On -Site Reclaimed Water Supervisor" obtain instruction in the use of
reclaimed water, such instruction being provided by, or approved by the City.
c) The City shall monitor and inspect all reclaimed water systems, including on-site and off-
site facilities, and for these purposes shall have the right to enter upon the User's premises.
Where necessary, keys and/or combinations shall be issued to the City to provide such
access upon a request therefor during normal business hours of operation.
d) The User shall have the following responsibilities in relation to operation of on-site
facilities:
1. Ensure that all on-site operations personnel are trained and familiarized with the use
of reclaimed water to the City's satisfaction.
2. Furnish their operations personnel with maintenance instructions, irrigation
schedules, controller charts, and record drawings to ensure proper operation in
accordance with the on-site facilities design, the permit, the reclaimed water
agreement, and this Ordinance.
3. Prepare and submit to the City one (1) reproducible set of record drawings, as
approved by the City, of all facilities constructed by the User.
4. Notify the City of any and all updates or proposed changes, modifications, and
additions to the on-site facilities. Said changes shall be approved by the City and
shall be designed and constructed according to the requirements, conditions, and
standards set forth in the City's Standard Specifications and set forth in this
Ordinance. In accordance with the above noted requirements, conditions, and
standards, changes must be submitted to the City for plan check and approval prior
to construction. The construction shall be inspected by the City, and revised record
drawings and controller charts shall be approved by the City. The City may, if it
deems such to be in the best interest of the City, waive or modify any of the
foregoing.
5. Ensure that the design and operation of the User's reclaimed water facilities remain
in compliance with this Ordinance, as determined by the Chief Engineer.
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6. Operate and control the User's reclaimed water system to prevent human
consumption of reclaimed water and to control and limit runoff. The User shall be
responsible for any and all uses of the reclaimed water. Operation and control
measures shall include, where appropriate, but not be limited to:
a. On-site reclaimed water facilities shall be operated to prevent discharge
onto areas not under control of the customer. Part circle sprinklers shall be
used adjacent to sidewalks, roadways and property lines to confine the
discharge from sprinklers to the use area.
b. The operation of the on-site facilities shall be during the periods of minimal
use of the service area. Consideration shall be given to allow a maximum
dry -out time before the irrigated area will be used by the public.
c. Reclaimed water shall be applied at a rate that does not exceed the
infiltration rate of the soil. Where varying soil types are present, the design
and operation of the on-site reclaimed water facilities shall be compatible
with the lowest infiltration rate present.
d. Prevent runoff and ponding of reclaimed water, automatic systems should
be utilized and programmed. The sprinkler system shall not be allowed to
operate for a time longer than the use area's water requirement as
determined by the infiltration rate. If runoff occurs before the use area's
water requirements are met, the automatic controls shall be re -programmed
to lessen watering cycles to meet the requirements.
e. Immediately report to the Chief Engineer any and all failures in their
system that cause an unauthorized discharge of reclaimed water.
7. Comply with any and all applicable Federal, State and local statutes, ordinances,
regulations, agreements, use permits, Rules and Regulations, and all requirements
prescribed by the City. In the even of violation, all applicable charges and penalties
shall be applied and collected.
8.2 OFF-SITE FACILITIES:
Operation, surveillance and maintenance of all of the City's off-site reclaimed water system
facilities, including, but not limited to, pipelines, reservoirs, pumping stations, fire hydrants,
manholes, valves, connections, supply interties, treatment facilities, and other appurtenances and
property up to, and including, the City's meter, shall be under the management and control of the
Chief Engineer. Except to shut off water to prevent damage or health risks, no persons, except
authorized employees of the City, shall have any right to enter upon, inspect, operate, adjust, change,
alter, move, or relocate any portion of the foregoing, or any of the City's property. Such tampering
•constitutes an infraction punishable by law and may result in the offender(s) being charged and
prosecuted accordingly.
27
ARTICLE 9
PROTECTIVE MEASURES
9.1 GENERAL:
These provisions are to protect the City's potable water supplies against actual, undiscovered,
unauthorized, or potential cross -connections to the User's reclaimed water system in accordance
with Title 17, Chapter 5, Section 7583-7622, inclusive, of the California Administrative Code and
the Rules and Regulations. These provisions shall be in addition to, and not in lieu of, the controls
and requirements of other regulatory agencies, such as local regulatory agencies, State and local
health departments. These regulations are intended to protect the City's potable water supplies and
are not intended to provide regulatory measures for protection of Users from the hazards of cross -
connections within their own property.
Approved backflow prevention devices, on the City's non -reclaimed water services to the property,
as required in these provisions, shall be provided, tested, and maintained by the User at User's
expense. Such devices shall be located on the property served and shall not be on the City's
facilities.
9.2 WHERE PROTECTION IS REQUIRED:
Approved backflow protection for the non -reclaimed water supplies shall be provided as follows:
a) Each water service connection for supplying other than reclaimed water to premises having
an auxiliary water supply shall be protected against backflow of water from the premises
into water systems, unless the auxiliary water supply is accepted as a potable source by the
City and is approved by the public agency having jurisdiction.
b) Each water service connection for supplying other than reclaimed water to premises on
which any substance is handled in such a fashion as to permit entry into the water system
from the premises shall be protected against backflow of the water from the premises in the
water system. This shall include, but not be limited to, the handling of process waters,
waters originating from any of the water systems that have been subject to deterioration in
quality, and agricultural use water.
c) Backflow prevention devices shall be installed on the non -reclaimed water service
connections to any premises that have internal cross -connections.
The on-site reclaimed water system is a separate and controlled non -potable water system.
Protective backflow prevention devices are required for non -reclaimed water services, and
under no circumstances shall the City tolerate an actual or potential cross -connection
between non -reclaimed water supplies and the on-site reclaimed water facilities. In all cases
in which reclaimed water is used, the City shall require a backflow prevention device on all
non -reclaimed water facilities.
9.3 TYPE OF PROTECTION:
28
At the non -reclaimed water service connection on any premises on which there is an auxiliary water
supply, or under any of the circumstances outlined in the preceding Paragraph 9.2, the non -reclaimed
water system shall be protected by an approved reduced pressure device. The type of protection
device shall be determined by the Chief Engineer in accordance with the Rules and Regulations.
9.4 INSPECTION OF PROTECTIVE DEVICES:
The User is responsible for inspection and testing of all backflow prevention devices at least once
a year, or more often in those instances where successive inspections indicate repeated failure. All
inspections and testing shall be performed at the User's expense by a tester certified by the State or
local health department. These devices shall be repaired, overhauled, or replaced at the expense of
the User whenever they are found to be defective. The User shall maintain records of all such tests,
repairs, and overhauls. These records shall be made available to the State and local health
departments and sent to the City.
Nothing contained herein shall relieve a water customer from the duty to install, test and maintain
backflow prevention devices.
9.5 RECLAIMED WATER SUPERVISOR:
The State and local health depaitnients and the Chief Engineer shall be kept informed by written
document of the identity of the person responsible for the User's reclaimed water system on all
premises concerned with these regulations. At each premise, an "On -Site Reclaimed Water
Supervisor" shall be designated. This supervisor shall be responsible for the installation and use of
all User reclaimed water systems, pipelines and equipment and for the prevention of cross -
connections.
9.6 NOTIFICATION BY USER:
In the event of contamination or pollution of a non -reclaimed water system due to a cross -connection
on the premises, the local health officer and the City shall be promptly notified by the "On -Site
Reclaimed Water Supervisor", or others, so that appropriate measures may be taken to correct the
problem.
9.7 MONITORING AND INSPECTION:
The City will monitor and inspect all reclaimed water systems, including both on-site and off-site
facilities. The City will conduct monitoring programs, maintain a record as deemed necessary and
provide reports as requested by regulatory agencies, including, but not limited to, the California
Regional Water Quality Control Board. The City, in carrying out these functions, shall have the
right to enter upon the User's premises for the purpose of inspecting on-site reclaimed water for the
purpose of inspecting on-site reclaimed water facilities and areas of reclaimed water use and to
ensure compliance with this Ordinance, including the provision that runoff be prevented and the
provision that cross -connections between non -reclaimed water facilities and reclaimed water
facilities do not exist.
9.8 OTHER MEASURES:
9.8.1 Whenever technically and financially feasible as determined by the Chief Engineer, the City will
29
operate the reclaimed water system at a lower pressure than the non -reclaimed water systems, so that
the flow would be from the non -reclaimed water to the reclaimed water system in the event of a
cross -connection.
9.8.2 Acceptable tracer dyes may periodically be introduced into the reclaimed water system by the City,
where feasible, so that the existence of cross -connections or backflow in the non -reclaimed water
system can be determined.
9.8.3 Water meters used for reclaimed water service shall be color coded or otherwise distinguished as
such, and will not be interchanged or used for non -reclaimed water service after repairs or meter
testing has been accomplished.
30
ARTICLE 10
ON-SITE CONTROLS
10.1 IMPLEMENTATION:
Guidelines and regulations have been promulgated by the County Department of Health Services
(CDHS) and the California State Department of Health Services (CDOHS) to protect the health of
the public and the employees of reclaimed water Users. The minimum necessary on-site controls
are contained in "Guidelines for Use of Reclaimed Water", issued by the CDOHS; in the County
Public Health Code; and in Title 17 of the California Administrative Code.
10.2 STATE/LOCAL REGULATION:
Reclaimed water system on-site controls shall meet all of the requirements established by the Chief
Engineer and the applicable State and local regulatory agencies to protect the public health.
Plans and specifications for all proposed reclaimed water operations, distribution, and on-site
systems shall be submitted to the applicable State and local health agencies, as well as the City, for
review and approvals before the systems are constructed.
10.3 OPERATIONAL CONTROLS:
The use of reclaimed water shall not create odors and/or a public nuisance.
The use area shall be developed and maintained so as to prevent the breeding of flies, mosquitoes,
and other vectors.
The minimum necessary operational controls include, but are not limited to:
a) Irrigation Usage: Areas irrigated with reclaimed water must be kept completely separated
from domestic water wells and reservoirs. Reclaimed water shall not be applied or allowed
to migrate to within 500 feet of any well used for domestic supply or 100 feet of any
irrigation well unless it can be demonstrated that special circumstances justify lesser
distances to be acceptable.
Adequate measures shall be taken to provide a minimum of 40 feet between the limits of the
reclaimed water use area and of the adjacent crops if secondary effluent is in use. Irrigation
shall be controlled to prevent ponding of reclaimed water and runoff should be contained
and properly disposed of.
b) Additional Protection: User's employees, residents, and the public should be made aware
that the reclaimed water is non -potable. All reclaimed water valves, outlets and/or sprinkler
heads should be appropriately tagged to inform them that the water is non -potable.
c) First Aid and Hygiene: Adequate first aid kits should be available on the premises and all
cuts and abrasions should be treated promptly to prevent infection. A physician should be
consulted where infection is likely.
31
At crop irrigation sites, the crops and soil should be allowed to dry before harvesting.
Provisions shall be made for a supply of safe, potable drinking water for employees and
others. Water used for drinking purposes shall be in contamination -proof containers and
protected from contact with reclaimed water or dust. The water should be of a source
approved by the local health authority. Toilet and potable washing facilities should be
provided. Precautions should be taken to avoid contamination of food taken to areas
irrigated with secondary effluent and food should not be taken to areas still wet. Employees
and other should be instructed to wash with potable water prior to eating.
10.4 IDENTIFICATION:
All reclaimed water valves, outlets and sprinkler heads should be of a type that can only be operated
by authorized personnel with special wrenches or other devices.
All reclaimed water valves and outlets should be appropriately tagged to warn the public and
employees that the water is not safe for drinking.
All piping, valves and outlets should be color -coded or otherwise marked to differentiate reclaimed
water from non -reclaimed water facilities.
Differential piping materials shall be used to facilitate water system identification.
Hose bibs shall not be used in the reclaimed water system; quick -couplers or comparable connection
devices shall be used instead.
Size differentials shall be made between non -reclaimed water and reclaimed water connection
devices.
10.5 POSTING OF ON-SITE WARNINGS:
Adequate means of notification shall be provided to inform the public, employees and others that
reclaimed water is being used. Such notification shall include the posting of conspicuous warning
signs with proper wording of sufficient size to be clearly read, which shall be posted at adequate
intervals around the use area. In some locations, especially at crop irrigation use areas, the warning
signs shall be in Spanish*, as well as English. Signs shall be at least 15 X 18 inches, and shall be
in compliance with CDOHS regulations. Signs are available and may be purchased from the City.
Signs shall be placed around the perimeter of the site and at such other locations on-site as deemed
appropriate by the City.
At golf courses, notices shall be printed on score cards in a different color stating that reclaimed
water is used. All water hazards containing reclaimed water should be posted with warning signs.
All water outlets shall be posted as "potable" or "non -potable", as applicable and appropriate.
*Spanish may be substituted with another language if appropriate for the locale. This will be
determined by the City based on the prevalent non-English speaking population.
32
ARTICLE 11
SEVERABILITY
If any section, subsection, clause or phrase of this Ordinance is for any reason found to be invalid or
unconstitutional, such decision shall not affect the remaining portions of this Ordinance. The City Council
hereby declares that it would have passed said Ordinance in the absence of said article, section, subsection,
sentence, clause, or phrase which has been determined invalid or unconstitutional.
33
ARTICLE 12
ENFORCEMENT AND PENALTIES
12.1 NOTICE OF VIOLATION:
Any person, firm, corporation, association, or agency found to be violating any provision of this
ordinance, or the terms and conditions of the User's service agreement, permit or any applicable
Federal, State, City or local statutes, regulations, guidelines, ordinances, or other requirements will
be served by the City with written notice of non-compliance stating the nature of the violation and
providing a reasonable time limit, as determined by the City, for the satisfactory correction thereof.
The offender shall, within the period of time stated in such notice, cease all violations. This
provision is in addition to, and not by way of derogation of, any other remedies or procedures
available to the City by law, regulation, or pursuant to any of the provision of this Ordinance.
This notice of violation procedure shall be in addition to any other remedies available to the City,
including the infraction provisions set forth in section 71600 of the Water Code of the State of
California.
12.2 NONCOMPLIANCE FOLLOWING NOTICE OF VIOLATION:
Failure to cease all violations within the state time limit shall result in revocation of the permit by
the City and termination of reclaimed water service. Violations regarding any one service may
result, at the discretion of the City, in termination of reclaimed water service in the following
manner:
a) Interim Revocation: In cases where the serious nature of the violations require immediate
action, the City may, at its discretion, immediately revoke the permit on an interim basis and
thereupon cease reclaimed water service, subject to a timely decision on a permanent
revocation of the permit, pursuant to a public hearing as provided herein.
b) Permanent Revocation: Permanent revocation of a permit shall occur only subsequent to a
public hearing held in the manner hereinafter provided. The User shall be given written
notice of violation ten (10) consecutive calendar days prior to a hearing on the possible
permanent revocation of a permit by the City. The notice shall specify the grounds of the
proposed permanent revocation of such permit in reasonable detail and it may elect to
suggest corrective actions acceptable to the City. Notice may be delivered personally to the
User or it may be given by deposit in the United States mail with postage prepaid, return
receipt requested, addressed to the User as reflected in the records of the City, or addressed
to the owner as shown on the last equalized assessment roll of the County, as defined in the
Revenue and Taxation Code of the State of California. Any such action to permanently
revoke the permit shall be effective immediately after notice of the City's decision and shall
be either personally delivered to the User or placed in the United States mail, postage
prepaid, return receipt requested, addressed to the User in the manner herein above
specified.
c) Reestablishment of Service: Any request to reestablish service subsequent to the permanent
revocation of a permit and the termination of reclaimed water service, shall be in the manner
34
prescribed for initially obtaining reclaimed water service from the City, which may include
the collection of a security deposit. However, in addition, the City may, at its discretion,
require that a service agreement and financial security conditioned upon compliance with
the City's Ordinance be provided in an amount, manner and for a period of time as
determined by the City Council.
The City shall have the right to refuse to reestablish service following permanent revocation
of a permit for violation of these provisions.
Reestablishment of service shall only be made during regular working house established by
the City.
d) Delinquency: Disconnection of service by reason of a delinquent bill shall not automatically
constitute revocation of a permit. However, such delinquency may be considered as
sufficient reason for a revocation of permit, in accordance with the provisions of this
Ordinance.
e) Provisions: The City may, on an interim basis or otherwise, waive or modify any of the
foregoing.
fj Objections: The User may file a notice of objection with the City Council within sixty (60)
days after notice of violation is given or mailed to the owner. The objection must be in
writing and specify the reasons for the objection. The preliminary determination shall be
final if the User does not file a timely objection. If the objection cannot be resolved to the
mutual satisfaction of the User and the City the preliminary determination shall be final,
with the User able to appeal this determination in a process established by the City Council.
The decision resulting from the appeal process shall be final.
g)
Appeals of any ruling of the City concerning violations of the provisions or penalties
provided for in this Ordinance shall be presented in writing within fifteen (15) days
following the date of the City's notice of violation. The City Council may grant the User
an opportunity to present additional oral or documentary information (in addition to that
presented in connection with objections set forth in the preceding paragraph), or it may
decide on the basis of information filed in connection with the objection. The City Council
shall respond within fifteen (15) days of receipt of the appeal, with a decision whose
findings shall be final.
Appeals of any condition established by a regulatory agency shall be appealed to the
appropriate agency via the City Council.
h) Conflicts: If there is any conflict between the provisions of this Ordinance and the
provisions of any of the documents incorporated by reference, the most restrictive
requirement shall control and prevail, as determined by the City.
35
MOVED, PASSED AND ADOPTED this 10 thday of November , 1997 by the following roll call
vote:
AYES: Mayor Leja, Council Members Westcot, Parrott, and Zeller.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Berg.
ATTEST:
Mayor of the City of Beaumont
CERTIFICATION
The foregoing is certified to be a true copy of Ordinance No. 775du1y introduced at a
regular meeting of the City Council held on October 27 , 1997, and duly adopted upon second reading
on November 10 , 1997, by the roll call votes indicated therein.
(SEAL)
36
APPENDIX A
RECLAIMED WATER RATE SCHEDULE
I Retail Rates per Article 5.5b
A. Service Charge by Meter Size
Meter Size
4" or smaller
6" or larger
B. Commodity Rate: Agricultural
(Minimum continuous basic flow of 400 gpm) Per Acre Foot
$ 288.00
C. Commodity Rate: Non -Agricultural Per Acre Foot
$302.00
D. Energy Charge Per Acre Foot
45 psi or less at the meter
(as determined by Chief Engineer) $ 15.00
II Wholesale Rates per Article 5.5c
Flat Rate
Monthly Charge
$ 20.00
$ 40.00
As determined by
the City Council
III Construction Water Rates per Article 5.5d
A. Service Deposit (refundable) $500.00
B. Meter Set Charge (non-refundable) $100.00
C. Meter Move Charge (each move) $ 50.00
D. Daily Service Charge $ 2.00
E. Commodity Rate: Per Acre Foot
$355.00
IV Temporary Service Rates per Article 5.6 Same as
(Other than Construction) Construction
Rates
1
V Service Outside City per Article 5.7
A. Entirely Outside
1. Same as Temporary Service Rates
OR
2. City Council may set rates by agreement consistent with
rates for service in the City
B. Partially Outside
1. Apportioned as to place of use
APPENDIX B
MISCELLANEOUS RECLAIMED WATER CHARGES
Per Article 5.5g
1. Connection Charge
The actual cost of the meter and meter installation plus 12%
2. Security Deposit
Not less than the cost of two (2) months maximum reclaimed water demand.
3. Standard Penalty Charges
1 1/2% Per Month
30 Days Past Due
Balance of $200.00 or more
4. Reconnection Charge $ 50.00
5. Returned Check Charge $ 15.00
6. Meter Test Charge $ 20.00
7. Pulled Meter Charge $ 50.00
8. Property Damage
Cut Lock or Seal
Damaged Meter
Other Facilities
9. Unauthorized Use
$ 10.00
Actual Cost
Actual Repair Cost
Self Turn On of Service $100.00
Self Installation of Service $500.00
Other $200.00
10. Administrative Overhead
20% of Direct Cost of Service Rendered
11. Construction Deposits
All deposits for estimated costs to be incurred by the City for the installation of reclaimed water
1
facilities for a User shall be advanced to the City by the User prior to installation of said facilities.
2
APPENDIX C
CITY PARTICIPATION
(Subject to the Availability of City Funds)
I. City Required Oversizing of Facilities per Article 7.4
A. Material
The City may pay for the difference in cost of materials between the size required for the
User and the larger size of pipe, valves, fittings, and other appurtenances determined by the
City for satisfactory operation of the system. Such difference in cost will be determined by
the City.
B. Labor
No City participation
II Other Facilities
A. City Projects
Up to 100% (as determined by the City)
B. Other Projects
Up to 50% (as determined by the City)
1
CITY OF BEAUMONT
APPLICATION
FOR RECLAIMED WATER SERVICE
AND
CONSTRUCTION OF RECLAIMED WATER FACILITIES
APPLICANT
Please Complete 1 - 16
1. Applicant
Attention
Address ( )
Street, City, Zip Phone
2. Project Name
3. Location
Exhibit 1
4. Reclaimed Water Supervisor
Phone
5. Owner (if different from above) Address _
Street, City, Zip Phone
6. Acreage to be Served
7. Anticipated Crop(s) or Use
8. I am interest in further information on land application of sludge as a fertilizer/soil amendment.
Yes No
9. Estimated Demand GPM or
Hours/Day Days/Week
10. Number of Services Size(s)
11. Please Attach:
a) Map showing property location
b) Design area for irrigation system
c) Desired meter location(s)
d) On-site irrigation piping plan
1
MGD
12. Landscape Architect
Company Name
Address
Street, City, Zip
13. Developer
Company Name
Address
Page 2
Attention
Phone
Attention
Street, City, Zip Phone
14. Landscape Irrigation Consultant
Company Name Attention
Street, City, Zip Phone
15. Anticipated Construction Date
Month/Year
16. Requested Service Date
Month/Year
FOR CITY USE ONLY
17. First Checkprints Received
Date
Second Checkprints Received
Date
Final Plans Approved
Date
18. Can the City provide reclaimed water with existing facilities?
Yes No
19. Is a reclaimed water main extension required?
Yes No
Comments:
20. Will this system be initially connected to the potable water system?
Yes No
Comments:
2
Page 3
If so, when will system be disconnected from the potable system and connected to the reclaimed
water system?
21. Meter locations approved:
Yes No
Comments:
22. Reclaimed Water Meters:
A)
B)
C)
D)
E)
F)
G)
H)
Area
Peak Served . Yearly
Design Flow (Sq. Ft.) Consump.
Acct. No. Size PSI (GPM) (or Acres) (A-F/Yr)
TOTALS
23. Manner of labeling constant pressure mains:
(3" tape, etc.)
24. Quick -coupler valves:
Wye Strainer:
25. Any other reclaimed water discharge devices?
Yes No
Description:
3
Page 4
26. Is a potable water system on-site?
Yes No
Comments:
27. Has the City been provided with two (2) sets of final plans? (Office and Inspector)
Yes No
28. Date of receipt of record drawings (reproducible):
Date
29. REMARKS:
4
Insert Exhibit 2 - RWQCB Application for Facility Permit/Waste Discharge
DATE:
DEV.:
W.O.:
AREA:
TRACT:
I.D.:
Exhibit 3
RECLAIMED WATER FACILITIES
RECLAIMED WATER USE PERMIT APPLICATION
AND CONSTRUCTION AGREEMENT WITH
THE CITY OF BEAUMONT
The undersigned (hereinafter referred to as "Applicant") hereby requests a permit for the extension
of certain reclaimed water facilities of THE CITY OF BEAUMONT (hereinafter referred to as
"City") in accordance with all of the terms and conditions of this Agreement, and the City's "Water
Reclamation Ordinance" (hereinafter referred to as "Ordinance") as amended from time to time,
which are incorporated herein by this reference and made a part hereof as though fully set forth.
Applicant hereby applies for reclaimed water service which can be provided by the facilities
described below, to that certain real property located within the City of Beaumont and/or the City
of Beaumont Sphere of Influence, County of Riverside, State of California, consisting of
approximately acres and described as follows (metes and bounds description
or as acceptable to the City):
Said property is to be used for the purpose(s) of:
1
Applicant hereby represents that Applicant is the of said real property.
Applicant estimates that the total reclaimed water quantity to be required of the City upon ultimate
development of said real property is as follows:
Reclaimed Water:
gals. per day
peak gpm
of/yr
Applicant and its successors may be required to use reclaimed water based upon the sole discretion
of the City and shall meet all the requirements of the section, "On-site Reclaimed Water Facilities"
of the Ordinance, and Applicant agrees to make its existence known to all developers and subsequent
owners or lessees in subject development by recordation of this instrument or otherwise.
Upon acceptance of this application by the City together with all fees and charges, plans and
specifications, bonds, conveyance of necessary easements, and other items that may be required
herein, the City agrees to issue a permit in accordance with and subject to the terms and conditions
herein set forth. The City shall deliver to applicant such permit, which shall be an executed copy
hereof.
1. Applicant agrees to comply with the requirements of any and all applicable Federal, State
and local statutes, ordinances, regulations and other requirements. The City may, at its
discretion, require specific prior approval of this permit by any Federal, State or local agency
having jurisdiction over, or an interest in, the operation of the City's reclaimed water
facilities.
2. Applicant shall adhere to the requirements prescribed by the Ordinance, as amended from
time to time by the City Council of the City, to insure compliance with such Ordinance as
to reclaimed water service.
3. Applicant hereby agrees to build or cause to be built the following described reclaimed water
facilities (hereinafter collectively referred to as "the Facilities") and agrees to pay all costs
of installation of same, including, but not limited to, cost of labor, materials, equipment,
contractor's expense and profit, environmental studies, design, engineering, surveying,
inspection, testing, plan check, land and easement acquisition, condemnation, attorney's fees,
insurance and bond premiums.
a)
b)
c)
4. Applicant agrees that the Facilities shall be constructed in accordance with plans and
2
specifications which shall comply with all applicable requirements of the City's "Standard
Specifications for the Construction of Reclaimed Water Facilities", including, but not limited
to, requirements as to information to be shown on the plans. Said document is on file at the
office of the City and is by this reference incorporated herein. Such plans and specifications
by City shall be constructed by a contractor licensed by the State of California to install said
Facilities.
5. Applicant guarantees the Facilities constructed under this Agreement against defects in
workmanship and materials for a period of one (1) year after the date of acceptance of the
Bill of Sale for the Facilities by the City, as provided in Section 8 herein. It is further agreed
that the Facilities shall be restored to full compliance with the requirements of the plans and
specifications described in Section 4 herein, including any test requirements, if during said
one (1) year period the Facilities, or any portion thereof, are found not to be in conformance
with any provision of said plans and specifications. This guarantee is in addition to any and
all other warranties, express or implied, with respect to the Facilities.
6. Applicant agrees to grant, or cause to be granted to the City, all necessary easements for
construction, installation, maintenance and access to the Facilities, across all privately -owned
lands to be traversed by the Facilities, which easements shall be executed by all necessary
parties having an interest in said lands. All easements shall be duly recorded.
7. Applicant agreed to provide to the City, prior to acceptance of the Facilities as set forth in
Section 8 herein, a complete set of reproducible mylars of the approved final plans and
specifications for the Facilities.
8. Upon completion of the Facilities, applicant agrees to execute and deliver to the City a
proper Bill of Sale, including a report of the actual costs of the Facilities on the standard
form of the City which form is on file at the office of the City and is by this reference
incorporated herein, and to substantiate such report with invoices and receipts acceptable to
the City. Applicant further agrees that such Facilities will become the property of the City
when said Bill of Sale is accepted by its City Council or its duly authorized employee,
evidencing acceptance of the Facilities. However, applicant hereby disclaims in favor of the
City all right, title and interest in and to said systems, appurtenances and easements; and
Applicant hereby covenants and agrees to execute and deliver to the City any documents
required to complete the transfer of the Facilities concurrently with the acceptance thereof
by the City; and Applicant hereby agrees that Applicant is holding any title to said Facilities,
pending acceptance thereof by the City, as trustee, acknowledging Applicant's obligation to
complete said Facilities and transfer the same debt -free to the City.
9. It is agreed that the above provisions shall not preclude the use of the Facilities by property
owners within the use area prior to such delivery of Bill of Sale to the City, as long as the
Facilities are acceptable to the City under its Rules and Regulations and written permission
has been obtained from the City by such property owners to connect to the Facilities or to
3
existing Facilities. Applicant agrees that the use of the Facilities by the Applicant, transferee
or assignee of the Applicant, or other within the City will not constitute acceptance, liability,
operation or maintenance responsibility of the Facilities by the City.
10. Applicant agrees to hold the City harmless from any expense or liability resulting from the
construction of the Facilities, and further agrees that Applicant will indemnify and hold the
City, its agents, employees, officers and representative, free and harmless from and against
any and all liabilities for death, injury, loss, damage or expense (including reasonable
attorneys' fees) to person or property which may arise, or is claimed to have arisen, as a
result of any work or action performed by Applicant, or on behalf of Applicant, with respect
to the construction and in the installation or repair of the Facilities.
11. Applicant shall submit, concurrently with this Application, payment and performance bonds
on the standard forms of the City, which forms are on file at the office of the City and are by
this reference incorporated herein, or as acceptable to the City, in connection with the
Facilities to be constructed, and for an amount to be determined by the City.
12. Applicant hereby agrees to pay all administration and engineering fees (including inspection,
testing and plan check costs) calculated as a percentage of the total costs, as estimated by the
City, as well as any other charges of the City, as provided for in the Rules and Regulations
of the City. The amount of such fees and charges shall be based on the applicable schedules
of the Rules and Regulations in effect on the date when applicant has submitted to City its
completed Application, payment of all fees and charges, plans and specifications, bonds,
conveyance of necessary easements and other items which may be required herein prior to
issuance of the permit. Such fees and charges shall be set forth on Exhibit "3.A" hereto by
the City, which Exhibit is by this reference incorporated herein, and is subject to revision
pursuant to any changes in the applicable schedules prior to the date the application and all
accompanying materials and payment are completed and submitted to the City. Other than
as provided herein, fees and charges are not subject to adjustment or refund.
13. Applicant agrees to accept such conditions of pressure, quality and service as are provided
for by City's reclaimed water system at the location of all proposed connections thereto and
to hold City harmless from and against any and all damages, liability and expense arising out
of high or low pressure conditions, or quality with respect thereto or from interruptions of
service.
14. Applicant agrees, if said City employs an attorney to enforce this Agreement, to pay said
City for all attorney's fees incurred.
15. Applicant agrees that the City Manager of the City, or the authorized representative, may
enter upon the herein above described property for the purpose of ascertaining whether the
provisions of this Agreement are being performed. Applicant shall not be responsible in any
way for the failure of its successors or assigns to comply with any of the provisions of this
4
Agreement.
16. Applicant agrees that service shall be commenced only after the Facilities have been
completed and transferred to the City, as provided in Section 8 herein, and all required
testing and inspection has been accomplished.
Applicant is aware that contracts may not have been let for all necessary reclaimed water
facilities of the City in order that Applicant can actually receive reclaimed water service.
Applicant further agrees that City shall not be obligated to Applicant or the successors of
Applicant for reclaimed water service until such time as the actual completion of said
necessary City reclaimed water facilities.
17. Special conditions for service, if any:
5
IN WITNESS WHEREOF, the parties have duly caused their authorized signatures to be affixed
hereto. SIGNATURES MUST BE PROPERLY NOTARIZED AND ACKNOWLEDGED.
APPLICANT: PROPERTY OWNER:
By:
By:
Date:
(SEAL)
APPROVED AS TO FORM:
By:
By:
Date:
CITY OF BEAUMONT
By:
By: By:
Date:
STATE OF CALIFORNIA )
County of )SS.
On , before me, the undersigned, a Notary Public in and for said State,
personally appeared and
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons
who executed the within instrument as and Secretary, on behalf of
, the corporation therein named, and acknowledged
to me that such corporation executed the within instrument pursuant to its by-laws or a resolution
of its City Council.
WITNESS my hand and official seal.
6
Signature (NOTARY SEAL)
7
DATE:
DEV.:
W.O.:
AREA:
TRACT:
I.D..
CONSTRUCTION AGREEMENT WITH
CITY OF BEAUMONT FOR
RECLAIMED WATER SERVICE (PERMIT)
Reclaimed Water Fees and Charges:
Administrative and Engineering
Bondable Cost $ at % $
TOTAL RECLAIMED WATER SERVICE FEES AND CHARGES: $
TOTAL FEES AND CHARGES SUBMITTED HEREWITH: $
Less Prepaid Plan Check Fees: $
TOTAL $
Date of Preparation of this
Document:
The amount set forth is based on the City's schedules of fees and charges in effect on
and the plans and specifications for the Facilities which have been submitted
by Applicant, and such amount is subject to revision pursuant to any changes made in said schedules
or in said plans prior to completion of this Application and all accompanying items required therein.
8
Exhibit 4
CITY OF BEAUMONT
TEMPORARY FIRE HYDRANT WATER USE APPLICATION AND PERMIT
Name S.O. No.
Mailing Address I.D. No.
Mtr. Deposit
Location of Hydrant
Location and Purpose of Water Use
WATER SERVICE UNDER THIS PERMIT IS SUBJECT TO THE FOLLOWING CONDITIONS:
1. Application and payment of a standard initial charge of $500 with the understanding that,
following the return of the meter, by customer request to the City, payment by the applicant
of all outstanding water bills owed the City by the applicant and completion of any required
rehabilitation of the meter by the City, the City will refund to the applicant the sum of $400
minus the cost, if any, incurred by the City to rehabilitate and restore the meter to a condition
which meets the City's applicable standards;
2. Applicant's payment of a $2 per day rental charge for the use of the meter, which shall
continue to be charged until applicant requests that the involved meter be picked up by the
City;
3. Applicant establishes credit with the City pursuant to Rules and Regulations;
4. Applicant's payment for all water delivered through the subject fire hydrant meter at the
commodity water rate applicable for the improvement district or service area where water
service through said meter is served;
5. Applicant's compliance with all applicable City rules and regulations, including the
installation of an approved backflow prevention device and following backflow prevention
procedures and restrictions, as noted below:
6. All temporary fire hydrant service connection installations and the use thereof shall be
subject to inspection and approval by City personnel prior to and during use: Unsatisfactory
temporary fire hydrant installation or the use thereof shall result in the discontinuance of
water service there through the City until appropriate remedial actions have been taken by
the applicant, all as determined by the City.
1
Exhibit 4
7. The City shall be responsible for installing and securing the involved temporary fire hydrant
meter with a chain and lock to a City approved hydrant. Applicant hereby agrees to forfeit
deposit if said chain and/or lock is damaged in any way for any reason. If this occurs, the
City will, at that time, remove the temporary fire hydrant meter from the applicant. Any
theft of water from a City hydrant will result in legal action per penal code #498.
8. Applicant shall be solely responsible for utilizing the subject temporary fire hydrant meter
in a manner which will not create a threat to the safety of the public and property of others
and will protect the meter and fire hydrant assembly to which it is attached, from damage;
9. Applicant shall be responsible and pay for any and all damages to or loss of City facilities,
(including the involved fire hydrant assembly and/or meter) which may occur or result from
applicant's activities in connecting to, using and disconnecting from such City facilities; and
10. Applicant hereby agrees to indemnify and hold City free and harmless from any and all
responsibility for any public liability and/or property damage and personal injuries which
may in any way result from the applicant's use of the subject temporary fire hydrant meter
and the fire hydrant assembly to which it is attached. Such indemnification shall include
legal costs incurred by the City.
11. Customer acknowledges that their demands are secondary to that of the fire department
and/or City operation.
APPROVAL BY CITY OF BEAUMONT
I HEREBY AGREE TO COMPLY
WITH THE FOREGOING TERMS
AND CONDITIONS
Signature Firm Name
Title
Signature of Applicant Date
Acct. # Receipt #
Meter # Date
Read Phone
ONE COPY OF THIS PERMIT MUST BE KEPT AT JOB SITE FOR VERIFICATION BY CITY UPON REQUEST
THE METER SHALL NOT LEAVE THE CITY'S BOUNDARIES
2
Exhibit 5
Approved by the City Council: CITY OF BEAUMONT, CALIFORNIA
BILL OF SALE
RECLAIMED WATER SYSTEM FACILITIES
For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned does
hereby transfer and convey to the City of Beaumont and its successors and assigns, all right, title,
and interest in and to the reclaimed water system facilities, including pipelines, valves, service
connections, meters, other appurtenances, easements and property to said reclaimed water
installation, constructed, installed, and located in the property described below, and further warrants
that the same is free and clear of any incumbrance.
Said property is described as follows:
Executed this
CERTIFICATE OF ACCEPTANCE:
day of , 19
Company or Corporation Name:
By:
President
By:
Secretary
As per Resolution No. as set forth in the minutes of a meeting of the City Council of
the City of Beaumont held on the above Bill of Sale of Reclaimed Water System Facilities, dated
, is hereby accepted by order of the City Council of the City
of Beaumont.
1
CITY OF BEAUMONT
Date of Acceptance: By:
2
EXHIBIT 6
Approved by the City Council: CITY OF BEAUMONT, CALIFORNIA
STATEMENT OF
RECLAIMED WATER FACILITIES
COST OF CONSTRUCTION
Developer's Name:
Tract No.: Date Prepared:
Item
Design Engineering Cost (Proportioned to
Reclaimed Water System Design)
Survey -Staking Costs
Bonding Cost (Reclaimed Water Only)
Estimate
Developer's Overhead Costs (Not to
Exceed 10%)
Quantity Unit Price Total Cost
$ $
Subtotal
L.S.
L.S.
L.S.
GRAND TOTAL CONSTRUCTION COST* $
*Excludes fees paid directly to the City of Beaumont.
Prepared by:
My signature as witnessed here below attest that under penalty of perjury, the above statement is true
and correct to the best of my knowledge.
Date:
Developer: Witness:
1
Official Title: Title:
2
COOPERATIVE AGREEMENT
BETWEEN THE CITY OF BEAUMONT AND THE
BEAUMONT CHERRY VALLEY WATER DISTRICT
THIS COOPERATIVE AGREEMENT (the "Agreement") is made
and entered into as of March 8 , 1993, by and between the
CITY OF BEAUMONT, a municipal corporation and public agency of
the State of California (hereinafter the "City") and the BEAUMONT
CHERRY VALLEY WATER DISTRICT, a public agency organized and
existing pursuant to Division 11 (commencing with Section 20500)
of the California Water Code (hereinafter the "District").
RECITALS
A. The City and the District recognize the need to
facilitate implementation of the City General Plan and Public
Facilities Financing Program to insure logical and orderly
development within the City and the service areas of the
District.
B. The City and the District likewise recognize the
need to cooperate in a long-term program to maintain safe
groundwater management practices in the service area of the
District and recognize the need to establish funding mechanisms
to provide for the acquisition and development of new sources of
water supply, including reclaimed water and imported water, in
such a way as to protect and preserve the existing water supply.
C. To such end the City is contemplating the
formation of a public financing district, and specifically
proceedings for the formation of Community Facilities District
No. 93-1 (hereinafter referred to as "CFD No. 93-1"), pursuant to
the Mello -Roos Community Facilities Act of 1982, as amended,
Section 53311 et seq. of the California Government Code
(hereinafter the "Act"), for the purpose of financing the
acquisition and construction of certain public facilities to
benefit an area of land proposed for development designated as
the Project Area, as shown on Exhibit "A" hereto, within the
boundaries of the City, which facilities include domestic and
reclaimed water facilities and sewer facilities (the
"Facilities"), as described in Exhibit "B" to this Agreement.
D. The proceedings to establish CFD No. 93-1 shall
include a special election in which the qualified electors will
be asked to authorize formation of CFD No. 93-1 and the sale of
bonded indebtedness secured by a special tax therein to fund,
inter alia, debt service on such bonded indebtedness. It is
contemplated that bonds will be issued pursuant to a Fiscal Agent
Agreement or Bond Indenture approved by CFD No. 93-1.
BBCVWD.3
E. In contemplation of the issuance and sale of
bonds, it is expected that several of the developers within CFD
No. 93-1 will be required to advance, moneys for the purpose of
financing the design and engineering of certain public facilities
and the payment of certain costs of the City and the District,
including their respective consultants.
F. The City and the District each have an interest in
and recognize the need for the Facilities and express their
intent to enter into an agreement (the "Joint Financing
Agreement") pursuant to Sections 53316.2, 53316.4 and 53316.6 of
the Act describing, inter alia, the terms and parameters related
to the design and construction of such facilities and the
transfer of such facilities to the District which will own,
operate and manage such facilities.
G. The City and the District acknowledge that in
addition to the Facilities, the development plans for the area
within CFD No. 93-1 may include the construction of additional
water, reclaimed water and sewer facilities, which may be an
integral component to the utilization of the Facilities.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual
covenants hereinafter contained the parties agree as follows:
1. Cooperation to Facilitate Orderly Growth. The
City and the District shall cooperate to implement mutually
beneficial plans and programs to insure logical and orderly
economic development in the City and the City sphere of
influence, and safe groundwater management practices in the
service area of the District. Such plans and programs shall
include, but not limited to, the following:
City General Plan
City Comprehensive Public Facilities Financing Program
District groundwater management programs and facility
master plans
City and District mitigation fee programs
2. Interim Mitigation Fees and Phasing Schedule. The
City and the District shall adopt and impose interim mitigation
fees (the "Interim Mitigation Fees") in accordance with the
schedule of fees and list of authorized facilities and new
sources of water supply indicated below. The Interim Mitigation
Fees shall provide the financial basis to master plan, design,
process, permit and construct water importation, water
distribution, wastewater treatment and water reclamation
BBCVWD.3 2
facilities until such time as definitive Mitigation Fees are
established. The calculations for the following fees are shown
on Exhibit C attached hereto.
Interim Mitigation Fees
City Sewer Fees
Capacity Fee
Trunk Main
District Water Fees
Facility Feel
Reclamation Fee
New Imported Water Feet
1
2
$2,772 per EDU
525 per EDU
2,065 per EDU
376 per EDU
386 per EDU
Existing Fee
New imported water exceeding the existing San Gorgonio
Pass Water Agency entitlement of 17,300 acre feet of
State Water Project water per year
Interim Authorized Facilities and
New Sources of Water Supply
Responsible
Agency
Source of
Supply
District Existing Water
Reclamation
District Imported Water
District New Water
Reclamation
3. Definitive Mitigation Fees and Phasing Schedule.
Within eighteen (18) months following the first bond sale of CFD
No. 93-1 and adoption of Interim Mitigation Fees, the City and
the District shall initiate detailed studies and adopt definitive
mitigation fees and phasing schedule (the "Definitive Mitigation
Fees and Phasing Schedule") for water importation, water
distribution, wastewater treatment and water reclamation
facilities as required to serve land within CFD No. 93-1.
Consideration shall also be given and mitigation fees adopted
throughout the City to accommodate development in accordance with
the City General Plan and the District Master Facilities Plan.
Mitigation Fees shall be collected in accordance with mitigation
and development agreements between property owners and applicable
public agencies or may be paid by public financing districts
through the sale of bonds, which will be repaid by property
BBCVWD.3 3
owners participating in such financing districts through the
collection of special taxes or assessments.
4. Joint Financing Agreement. The District shall
cooperate with the City in the formation of public financing
districts by entering into a Joint Financing Agreement, pursuant
to Sections 53316.2, 53316.4 and 53316.6 of the Act, or a Utility
Agreement, pursuant to Section 10110 of the California Streets
and Highways Code, as applicable, relating to facilities which
will be financed by the City and transferred to the District
which will own, operate and maintain such facilities.
5. Mitigation Fee Credits. Mitigation Fees
(excluding annexation fees) shall be waived, reduced and/or
credited by the District for the benefit of property
participating in any public financing district for facilities for
which such Mitigation Fees are collected, to the extent the
property provides security for obligations (i.e. bonds, BANs)
issued by such public financing district, or as otherwise
provided by Development Agreements between individual landowners
and the respective water and sewer agencies.
6. Mandatory Reclaimed Water Use. City shall adopt
an ordinance which will require the use of reclaimed wastewater
for irrigation purposes in accordance with State law within six
(6) months of the sale of bonds to construct the treatment plant
modifications necessary to deliver reclaimed water. District
shall, within said six (6) month period, develop and adopt
applicable rules, regulations and standards governing the design,
construction and operation of reclaimed water facilities.
7. Mandatory Water Conservation. City shall adopt an
ordinance which will require the conservation of water in
accordance with District policies within six (6) months of the
first sale of bonds for the facilities to be constructed by CFD
No. 93-1.
8. Reclaimed Water Purchase Agreement. The City
shall direct its City Manager and the District shall direct its
General Manager to negotiate and prepare a Reclaimed Water
Purchase Agreement which shall be presented to the City Council
and the Board of the District for approval within eighteen (18)
months of the approval and execution of this Agreement. The
Water Purchase Agreement shall establish water quality criteria
in accordance with Santa Ana State Regional Water Quality Control
Board ("Regional Board") directives. Consideration for reclaimed
water shall be based on a percentage of net revenues received by
District, net of operation, maintenance and depreciation costs
related to the District reclaimed water distribution system. The
City shall use all revenue from reclaimed water sales to
establish a restricted account for improvements to the wastewater
treatment plant in accordance with Regional Board directives.
BBCVWD.3 4
9. Interim Financing. The City and the District
shall cooperate to obtain interim financing to purchase imported
water supplies and/or facilities as required by the District to
serve land within CFD No. 93-1. Such interim financing sources
may include the use of bond anticipation notes ("BANs") issued by
the City prior to the scheduled issuance of bonds of CFD
No. 93-1. Such interim financing shall (i) result in mitigation
fee credits to the properties obligated for the payment of
special taxes which secure such interim financing to the same
extent as are other costs funded in the bond program and (ii) be
subject to repayment in full from proceeds of CFD No. 93-1 bonds.
10. Annexation to the District and Water Connection
Permits. At the time of annexation to the District,
participating properties in CFD No. 93-1 shall enter into an
annexation agreement with the District establishing terms and
conditions for service. Following the funding of the facilities
identified in Section 2 and Exhibit "B" of this Agreement and/or
the payment of Mitigation Fees described in Sections 2 and 3
hereof, the District will unconditionally reserve appropriate
water connection permits for the sole use of properties
participating in CFD No. 93-1 on a pro rata basis to the extent
that participating CFD No. 93-1 property owners have funded such
facilities through the sale of bonds, payment of Mitigation Fees
or other source of financing, as established in the annexation
agreement.
11. Issuance of "Will Serve" Letters by District.
Upon execution of this Agreement by all parties, the District
will issue an unconditional "will serve" letter to the City for
new EDUs required to serve projects participating in CFD No.
93-1. The District "will serve" letter will only be restricted
in accordance with the terms of this Agreement and applicable
District policies.
12. No Challenge to CFD No. 93-1 Formation. The
District agrees not to challenge in any manner the formation of
CFD No. 93-1 or the imposition of the special tax established
therein by the City during validation proceedings, if such
proceedings are utilized, or otherwise.
13. District Costs to Prepare Agreement. The City
shall reimburse the District for consultant services costs
incurred in the review and approval of this Agreement in the
event that CFD No. 93-1 bonds are not sold.
14. Reference to Related Agreement. The City and the
District acknowledge that there are provisions which must be
agreed to between the City, the District and the San Gorgonio
Pass Water Agency (the "Agency") with regard to the completion of
regional facilities, the imposition of capacity charges, as well
as potential alternative financing procedures for the completion
of regional facilities. These provisions are incorporated in a
BBCVWD.3 5
separate agreement between the City, the District and the Agency,
and to the extent the terms of this Agreement impact the Agency,
such terms are made subject to the terms of such separate
agreement.
15. CEQA Proceedings. The City, the District and the
Agency recognize and acknowledge that before the construction of
any new facilities may be approved, there must be conducted
appropriate proceedings under the California Environmental
Quality Act ("CEQA") to determine the environmental impact of the
project and, based upon that impact, or lack thereof, whether or
not the project should be approved. In entering into this
Agreement, the parties have not prejudged the potential outcome
of the CEQA proceedings, but are reaching accord in the event the
plan receives CEQA approval.
16. Notice. Any notice, payment or instrument
required or permitted by this Agreement to be given or delivered
to any party or other person shall be deemed to have been
received when personally delivered or seventy-two hours following
deposit of the same in any United States Post Office in
California, first class, postage prepaid, addressed as follows:
City: City of Beaumont
550 E. Sixth Street
P.O. Box 158
Beaumont, California 92223
Attn: Dayle Keller, City Manager
Tel: (909) 845-1171
FAX: (909) 845-8483
District: Beaumont Cherry Valley Water District
560 Magnolia Ave.
P.O. Box 2037
Beaumont, California 92223
Attn: Chuck Butcher, General Manager
Tel: (909) 845-9581
FAX: (909) 845-0159
Either party may change its address for delivery of
notice by delivering written notice of such change of address to
the other parties.
17. Captions. Captions to Sections of this Agreement
are for convenience purposes only and are not part of this
Agreement.
18. Severability. If any portion of this Agreement is
declared by a court of competent jurisdiction to be invalid or
unenforceable, such portion shall be deemed severed from this
Agreement and the remaining parts shall remain in full effect as
though such invalid or unenforceable provision had not been a
part of this Agreement.
BBCVWD.3 6
19. No Third Party Beneficiaries. The parties do not
intend the benefits of this Agreement to inure to any third
party, nor shall any of this Agreement be construed or make or
render the City, the District or the Agency liable to any
materialman, supplier, contractor, subcontractor, or purchaser,
or for debts or claims accruing to any such persons.
Notwithstanding anything to the contrary contained herein or in
any document executed in connection with this transaction, or any
conduct or course of conduct by any party hereto, before and
after signing, this Agreement shall not be construed as creating
any claim, right or cause or action against the City, the
District, the Agency, or their respective officers, directors,
agents, administrators, engineers, consultants, or employees in
favor of any materialman, supplier, contractor, subcontractor or
purchaser, or the like.
20. Successors and Assigns. This Agreement shall be
binding upon and inure to the benefit of the successors and
assigns of the parties hereto.
21. Entire Agreement. This Agreement contains the
entire agreement between the parties with respect to the matters
provided herein.
22. Amendments. This Agreement may be amended or
modified only in writing signed by the parties hereto.
23. Exhibits. The following exhibits attached hereto
are incorporated into this Agreement by reference.
Exhibit Description
IIAn
113 11
Map of Project Area
Water, Reclaimed Water and Sewer Facilities Description
and Budget
24. Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
BBCVWD.3 7
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day and year indicated below.
DATED: March 8 , 1993
CITY OF BEAUMONT
or of e C' of Beaumont
DATED: March 8 , 1993
ATTEST:
'
BY .
(77
Name
Title:
BBCVWD.2
igage
BEAUMONT CHERRY •�i WATER
DISTRICT
8
Name:
Title:
"A"
EXHIBIT
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EXHIBIT "A"
EXHIBIT "B"
WATER, RECLAIMED WATER AND SEWER FACILITIES
DESCRIPTION AND BUDGET
BEAUMONT CHERRY VALLEY WATER DISTRICT
1. Imported Sources of Water
2. Master -Planned Potable Water Facilities
a. Transmission Mains
b. Storage Reservoirs
c. Pump Stations
d. Reduction Stations
e. Production Wells
f. Appurtenances
g. Master Plans and Facility Design
h. Treatment Facilities
3. Master -Planned Reclaimed Water Facilities
a. Transmission Mains
b. Storage Reservoirs
c. Pump Stations
d. Injection Wells
e. Spreading Basins
f. Appurtenances
g. Master Plans and Facility Design
EXHIBIT "B"
BBCVWD.2
SECTION 7
RECYCLED WATER MASTER PLAN
INTRODUCTION
History of Water Recycling in the Service Area
The Beaumont -Cherry Valley Water District (BCVWD) has considered the use
of recycled water to supplement the water supply for a number of years. As early as
1987 the BCVWD began discussing water recycling in earnest with the City of
Beaumont and the San Gorgonio Pass Water Agency (Pass Water Agency). The intent
of this discussion was to determine if implementation of an area -wide recycled water
system would be feasible.
In June of 1989 the BCVWD prepared an internal memorandum on the potential
for using recycled water in the San Gorgonio Pass area. The report discussed the
installation and operation of a conceptual project which included treatment facilities
serving the cities of Banning and Beaumont. Included in this plan were conceptual
alignments for recycled water distribution and storage facilities. The concept involved
the formation of a Joint Powers Reclamation Agency with each city operating its own
treatment facilities. The effluent would be provided to the Joint Powers Agency for
distribution. Surplus recycled water was proposed to be percolated into the ground for
recharge.
In August of 1989 the cities of Beaumont and Banning along with the BCVWD
sent letters to the Pass Water Agency to have the Pass Water Agency take the lead on
the conceptual project.
Since that time, the BCVWD, the City of Beaumont and several large
developers took the lead in developing a conceptual regional wastewater collection and
reclamation study. The study was completed by the BCVWD's Engineer in 1993. The
plan envisioned a regional reclamation facility in San Timoteo Canyon in the vicinity of
San Timoteo Canyon and Singleton Roads. The plan also envisioned continued use of
the City of Beaumont's treatment facility as a satellite reclamation plant.
With increasing interest in development in the City of Beaumont, the BCVWD
and the City of Beaumont entered into a cooperative agreement that funded a new
recycled water master plan from Community Facilities District Bonds.
This chapter is the fulfillment of that agreement.
7-1
P 888 8/23/95
Overview of the Recycled Water Plan
The City of Beaumont is currently in the process of expanding and upgrading its
wastewater treatment plant to a full reclamation facility. This is in response to the
California Regional Water Quality Control Board, Santa Ana River Region (RWQCB)
to upgrade the level of treatment to allow continued discharge to San Timoteo Creek.
In lieu of discharging effluent to the creek, the City and BCVWD, through the two
party Cooperative Agreement, have agreed to implement a water recycling project,
since the effluent limits for discharge to the creek are equivalent to that required for
water recycling.
The City will operate the treatment facility and deliver treated water to the
BCVWD for recycling. The BCVWD will own and operate the recycled water
pumping stations, storage reservoirs and distribution piping. The BCVWD will then
enter into agreement with various users, such as the City, Parks and Recreation
District, CalTrans, etc. for providing recycled water. The BCVWD will be responsible
for metering and revenue collection as well as overall recycled water pumping, storage
and distribution system operation and maintenance.
The BCVWD intends to serve recycled water to the extent possible for non -
potable uses and as permitted by law. This would make potable water now used for
irrigation, etc. available for new economic development. (Current development
projects require about 0.48 acre -ft of water per year per unit.) As new development
occurs, the new projects would include appropriate piping systems to permit the use of
recycled water for irrigation of street medians, greenbelts, parks and common areas.
This concept then envisions limiting the use of potable quality water to potable water
purposes to extent practical. Surplus recycled water will be available during certain
times of the year when normal irrigation demands are reduced. During these times, the
surplus will be piped to spreading basins for recharge to the groundwater basin.
The recycled water system will be developed in phases to match both demand
for recycled water and the availability of treated effluent to be recycled.
RECYCLED WATER QUANTITY AND QUALITY
Successful recycled water systems require the recycled water to be available not
only in sufficient quantities, on demand, but also be of the highest quality possible.
With respect to quantity, the demand must not outpace the supply and sufficient
storage must be provided to match hourly demand with supply. A potable water back-
up supply is sometimes recommended.
Current users of potable water recognize the value of water quality; changes
from potable water to recycled water is sometimes met with resistance, primarily due to
the unknowns. These unknowns relate to both quality and quantity. Consumers want
to know how their lawns will react to the recycled water. Golf course superintendents
are concerned about the mineral water quality and its impact on very sensitive grasses.
Nursery owners are concerned about the impact of the water on sensitive ornamentals.
7-2
R 888 8/23/95
This section explores the water availability and the recycled water quality.
Available Water for Recycling
Currently there is about 1.1 million gallons per day (mgd) of wastewater treated
at the City's treatment plant. This water, once treated, is discharged into San Timoteo
Creek. Because it provides a portion of the streamflow in San Timoteo Creek, the
RWQCB has indicated that about 25 percent of the flow should continue to be
discharged to the creek. This is interpreted to be 25 percent of the current discharge or
about 0.25 mgd. Based on this then there is currently about 0.85 mgd available for
recycling. Other alternative mitigation measures maybe implemented such that the total
present flow from the wastewater treatment plant, 1.1 mgd, would be available for
recycling. Any mitigation measures would require approval by the RWQCB.
The recycled water master plan will be planned and sized to use the existing
wastewater flows plus flows generated from Community Facilities District (CFD) No.
93-1 which is anticipated to contain about 12,000 new units. Wastewater generation
from CFD No. 93-1 is anticipated to be 250 gallons/unit/day. Based on this then, the
CFD will generate an average flow of about 3 mgd of wastewater. This, coupled with
the current wastewater flow of 1.1 mgd, totals 4.1 mgd. The recycled water master
plan, for purposes of this study, assumes that all of the wastewater flow from the
treatment plant will be available for recycling.
The initial recycled water system, then, must be designed to serve only facilities
which require less than 1.1 mgd. As development with the CFD occurs, the system
can be expanded to serve the full 4.1 mgd. This is not expected to occur until 1998 to
2000.
Recycled Water Quality
Detailed analysis of the effluent from the City's existing treatment from
February 1992 through August 1994 was reviewed. Water quality parameters of
interest to recycled water users are typically:
• Mineral content
• Metals
• Organics and pesticides
• Microbiological content
Mineral Content
The mineral content is extremely important to landscape irrigation, nursery
users, irrigators and golf course superintendents. From an irrigation standpoint the
important parameters are the total dissolved solids (TDS) concentration, the
concentration of specific ions such as sodium, chloride, and boron; and the impact the
use of the water will have on the soil structure as measured by the Sodium Adsorption
Ratio (SAR) or the Modified SAR.
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The mineral content is also of importance when groundwater recharge is
considered. If the recycled water has excessive mineral content, the quality of the
groundwater will eventually deteriorate. In groundwater recharge projects, the quality
of the recharge water must be of such quality, that it will not cause the groundwater
basin water quality objectives to be exceeded. (The basin water quality objectives are
established by the RWQCB and are published in the Basin Plan.)
Table 7-1 presents a summary of the mineral quality characteristics of the
wastewater currently being discharged by the City of Beaumont's treatment facility.
Table 7-1
Recycled Water Mineral Quality
January 1992 - August 1994
Overall the mineral water quality of the recycled water is excellent. The TDS
ranges from 350 to 560 mg/L with an average of 448 mg/L. The TDS of the
groundwater supplied to the service area ranges from 220 to 320 mg/L and averages
about 260 mg/L. The water quality varies depending on the source i.e. Edgar Canyon
supply or the Beaumont Basin. (Water from Edgar Canyon has slightly lower mineral
concentration than water pumped from the Beaumont Basin.) The recycled water
concentration shows an increase of 188 mg/L from the supply water. This is lower
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RANGE
PARAMETER
UNITS
MIN
MAX
AVERAGE
Total Hardness as CaCO3
mg/L
151
198
172
Calcium (Ca)
mg/L
37
51
43
Magnesium (Mg)
mg/L
14
17
16
Sodium (Na)
mg/L
60
81
67
Potassium (K)
mg/L
11
14
12
Ammonium Nitrogen (NH4-N)
mg/L
5.6
11
7.93
Total Alkalinity as CaCO3
mg/L
145
210
170
Hydroxide (OH)
mg/L
0
<1
0
Carbonate (CO3)
mg/L
0
21
1.53
Bicarbonate (HCO3)
�/L
140
256
205
Sulfate (SO4)
mg/L
39
51
44
Chloride (C1)
mg/L
45
83
61
Nitrate Nitrogen (NO3-N)
mg/L
11
22
16
Fluoride (F)
mg/L
0.5
0.7
0.53
Cyanide (CN)
mg/L
<0.01
0.03
<0.01
Phenols
mg/L
0.02
0.02
0.02
Total Phosphorus
mg/L
4.1
7.9
4.92
Nitrite Nitrogen (NO2-N)
mg/L
0.2
0.4
0.31
Inorganic Nitrogen
mg/L
20
29
25
Total Dissolved Solids
mg/L
350
560
448
Total Organic Carbon(TOC)
mg/L
15
26
19
Sodium Adsorption Ratio
meq/L
1.92
2.73
2.22
Overall the mineral water quality of the recycled water is excellent. The TDS
ranges from 350 to 560 mg/L with an average of 448 mg/L. The TDS of the
groundwater supplied to the service area ranges from 220 to 320 mg/L and averages
about 260 mg/L. The water quality varies depending on the source i.e. Edgar Canyon
supply or the Beaumont Basin. (Water from Edgar Canyon has slightly lower mineral
concentration than water pumped from the Beaumont Basin.) The recycled water
concentration shows an increase of 188 mg/L from the supply water. This is lower
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than that typically experienced and is reflective of the good quality water source and
the predominately residential character of the wastewater.
The concentration of sulfates, chlorides and sodium in the recycled water, of
concern to irrigators, averages 44, 61 and 67 mg/L, respectively. In the groundwater
supplied to the area, these concentrations average 30, 10 and 20 mg/L, respectively.
The recycled water concentrations show an increase of 14, 51, and 47 mg/L from the
supply water. This is typical.
A useful parameter to measure the impact of the recycled water on the soil
permeability is the sodium adsorption ratio, SAR. The SAR for the reclaimed water
averages 2.22. SAR values less than 3 present a low risk of decreasing soil
permeability with long term use of the water.
This water can be used for irrigation without any fear of damage to grasses or
landscaping.
The recycled water contains a total phosphorus (as P) of 4.9 mg/L and total
inorganic nitrogen (as N) of 25 mg/L. This translates into a fertilizer equivalent of 13
lb of P/acre/ft of water applied and 68 lb of N/acre/ft of water applied. On the basis
that 5 feet of water will applied per year per acre, the recycled water will supply about
65 lb of P/acre/year and 340 lb of N/acre/year. Use of the recycled water for
irrigation will reduce the need to purchase and apply chemical fertilizers.
Metals
Table 7-2 presents the quality of the recycled water in terms of metals. Metals
are present in only trace amounts and all comply with the maximum contaminant levels
(MCLs) set for potable water.
The boron concentration ranges from 0.2 to 0.4 mg/L with an average of 0.32
mg/L. Boron is of concern in concentrations above about 0.75 mg/L.
Organics and Pesticides
Organics and pesticides are essentially below detection levels except for
chloroform. Chloroform is a disinfection by-product formed during the disinfection
processes. The chloroform concentration in recent samples was below 30 ug/L. The
drinking water MCL for chloroform is currently 100 ug/L and hence the concentration
in the recycled water should be of no concern.
The total organic carbon (TOC) in the recycled ranges from 15 to 26 mg/L with
an average value of 19 mg/L. The TOC is an important consideration in groundwater
recharge involving recycled water because it is reflective of refractory organic material
which was not removed in the treatment process. This level of TOC in the recycled
water is low enough so as not to be of concern. Considering the treatment facility is
currently being expanded and upgraded, it is very likely the TOC concentration will be
reduced slightly.
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Microbiological Content
The regulations for recycled water use are based on producing a virus and
pathogen free water. The upgraded and expanded facility will provide such a quality.
Table 7-2
Recycled Water Metal Concentrations
January 1992 - August 1994
Projected Water Quality
When the new upgraded treatment plant is on-line, it is expected that most of
the mineral water quality constituents will not vary appreciably from those in Table 7-
1. There could be a change in some of the constituents when treated State Project
Water will be used in the service area for potable water.
State Project Water contains more TDS, chlorides and sulfates than does the
groundwater. Table 7-3 presents data on the variation of these constituents in the State
Project Water from Silverwood Reservoir, the water source for the San Gorgonio Pass
Water Agency.
The variations in the range are substantial and depend on the water supply
conditions in Northern California. Drought conditions result in more intrusion of poor
quality water into the Sacramento -San Joaquin River Delta, the source of the State
Water Project exports. The expected value shown in Table 7-3 is not an average but
rather is reflective of conditions believed to be representative in the future.
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RANGE
PARAMETER
UNITS
MIN
MAX
AVERAGE
Antimony (Sb)
mg/L
<0.001
<0.01
<0.001
Arsenic (As)
mg/L
<0.001
<0.01
<0.001
Barium (Ba)
mg/L
<0.02
<0.1
<0.02
Beryllium (Be)
mg/L
<0.01
<0.01
<0.01
Boron (B)
mg/L
0.2
0.4
0.32
Cadmium (Cd)
mg/L
<0.001
<0.01
<0.001
Total Chromium (Cr)
mg/L
<0.01
0.01
<0.01
Cobalt (Co)
mg/L
<0.01
<0.01
<0.01
Copper (Cu)
mg/L
0.02
0.05
0.03
Iron (Fe)
mg/L
0.04
0.43
0.17
Lead (Pb)
mg/L
<0.001
<0.01
<0.005
Manganese (Mn)
mg/L
<0.01
0.02
<0.01
Mercury (Hg)
mg/L
<0.0005
<0.001
<0.0005
Nickel (Ni)
mg/L
<0.02
0.02
<0.02
Selenium (Se)
mg/L
<0.001
<0.005
<0.001
Silver (Ag)
mg/L
<0.01
<0.01
<0.01
Thallium (11)
mg/L
<0.005
<0.2
<0.005
Zinc (Zn)
mg/L
0.034
0.092
0.02
Projected Water Quality
When the new upgraded treatment plant is on-line, it is expected that most of
the mineral water quality constituents will not vary appreciably from those in Table 7-
1. There could be a change in some of the constituents when treated State Project
Water will be used in the service area for potable water.
State Project Water contains more TDS, chlorides and sulfates than does the
groundwater. Table 7-3 presents data on the variation of these constituents in the State
Project Water from Silverwood Reservoir, the water source for the San Gorgonio Pass
Water Agency.
The variations in the range are substantial and depend on the water supply
conditions in Northern California. Drought conditions result in more intrusion of poor
quality water into the Sacramento -San Joaquin River Delta, the source of the State
Water Project exports. The expected value shown in Table 7-3 is not an average but
rather is reflective of conditions believed to be representative in the future.
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Table 7-3
State Water Project Water Quality
Parameter
Units
Range
Expected
TDS
mg/L
100 - 400
350
Chloride
mg/L
10 - 150
120
Sulfate
mg/L
30 - 120
80
When State Project Water is used in the BCVWD water supply system, the
concentrations of TDS, chlorides and sulfates in the recycled water will increase
slightly; the amount of increase depends on the proportion of State Project Water used.
Most likely the water supply for the service area in the future will consist of a blend of
groundwater and State Project Water, so the anticipated concentrations of TDS,
chlorides and sulfates in the recycled water will be 490, 115 and 70 mg/L, respectively
versus the 448, 61, and 44 mg/1 respectively, currently experienced for quality
characteristics of wastewater at the City's treatment plant.
Summary
Table 7-4 presents a comparison of various anticipated recycled water
constituents vis-a-vis the recommended limits contained in a recent U.S. EPA
publication. The data clearly indicate that there will be no problem using the recycled
water for irrigation.
RECYCLED WATER REGULATORY REQUIREMENTS
Reclaimed water use is regulated under California Administrative Code Title 22,
Division 4, Environmental Health (Title 22). The regulations were last updated in
1978. The Department of Health Services (DOHS) is in the process of reviewing with
the idea of possibly making some changes to Title 22. This review process has been on
going for about 3 years. At the present time only "drafts" are available. Separate
drafts cover "direct uses" e.g. irrigation, industrial cooling, etc., and "groundwater
recharge." The "direct use" draft was put out for public review and comment in June
1994 (R-24-93); this was revised and reissued November 24, 1994. The latest
groundwater recharge draft is dated January 29, 1993. These two drafts will be used as
guidelines in formulating the master recycled water plan, recognizing there might be
some changes to these before they are officially adopted.
Groundwater recharge with recycled water must also ensure that the RWQCB's
groundwater quality objectives are maintained. The objectives are established to
protect the beneficial uses of the groundwater and are presented in the "Water Quality
Control Plan, Santa Ana River Basin (8)" sometimes called the "Basin Plan."
According to the RWQCB, the 1984 version of the Basin Plan is the current working
document. There will be an update of the Plan issued in late 1994 or early 1995.
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Table 7-4
Recommend Limits for Constituents in Recycled Water for Irrigation
Constituent
Long -Term
Use
(mg/L)
Short -Term
Use
(mg/L)
Average
Beaumont
Recycled
Water
(mg/L)
Remarks
Aluminum
5.0
20
NA
Can cause nonproductivity in
acid soils, but soils at pH 5.5 to
8.0 will precipitate the ion and
eliminate toxicity.
Arsenic
0.10
2.0
<0.001
Toxicity to plants varies widely,
ranging from 12 mg/L for Sudan
grass to less than 0.05 mg/L for
rice.
Beryllium
0.10
0.5
<0.01
Toxicity to plants varies widely,
ranging from 5 mg/L for kale to
0.5 mg/L for bush beans.
Boron
0.75
2.0
0.32
Essential to plant growth, with
optimum yields for many
obtained at a few -tenths mg/L in
nutrient solutions. Toxic to
many sensitive plants (e.g.,
citrus) at 1 mg/L. Usually
sufficient quantities in reclaimed
water to correct soil deficiencies.
Most grasses relatively tolerant
to 2.0 to 10 mg/L.
Cadmium
0.01
0.05
<0.001
Toxic to beans, beets, and
turnips at concentrations as low
as 0.1 mg/L in nutrient solution.
Conservative limits
recommended.
Chromium
0.1
1.0
<0.01
Not generally recognized as
essential growth element.
Conservative limits
recommended due to lack of
knowledge on toxicity to plants.
Cobalt
0.05
5.0
<0.01
Toxic to tomato plants at 0.1
mg/L in nutrient solution. Tends
to be inactivated by neutral and
alkaline soils.
Copper
0.2
5.0
0.03
Toxic to a number of plants at
0.1 to 1.0 mg/L in nutrient
solution.
Fluoride
1.0
15.0
0.53
Inactivated by neutral and
alkaline soils.
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Table 7-4 (Continued)
Constituent
Long -Term
Use
(mg/L)
Short -Term
Use
(mg/L)
Average
Beaumont
Recycled
Water
(mg/L)
Remarks
Iron
5.0
20.0
0.17
Not toxic to plants in aerated
soils, but can contribute to soil
acidification and loss of essential
phosphorus and molybdenum.
Lead
5.0
10.0
<0.005
Can inhibit plant cell growth at
very high concentrations.
Lithium
2.5
2.5
NA
Tolerated by most crops at up to
5 mg/L; mobile in soil. Toxic to
citrus at low doses -
recommended limit is 0.075
mg/L.
Manganese
0.2
10.0
<0.01
Toxic to a number of crops at a
few -tenths to a few mg/L in acid
soils.
Molybdenum
0.01
0.05
NA
Nontoxic to plants at normal
concentrations in soil and water.
Can be toxic to livestock if
forage is grown in soils with high
levels of available molybdenum.
Nickel
0.2
2.0
<0.02
Toxic to a number of plants at
0.5 to 1.0 mg/L; reduced toxicity
at neutral or alkaline pH.
Selenium
0.02
0.02
<0.001
Toxic to plants at low
concentrations and to livestock if
forage is grown in soils with low
levels of added selenium.
Tin, Tungsten, & Titanium
—
—
NA
Effectively excluded by plants;
specific tolerance levels
unknown.
Vanadium
0.1
1.0
NA
Toxic to many plants at relatively
low concentrations
Zinc
2.0
10.0
0.02
Toxic to many plants at widely
varying concentrations; reduced
toxicity at increased pH (6 or
above) and in fine -textured or
organic soils.
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Table 7-4 (Continued)
OTHER PARAMETERS
Constituent
Recommended Limit
Average
Beaumont
Recycled
Water
(mg/L)
Remarks
pH
6.0
NA
Most effects of pH on plant
growth are indirect (e.g., pH
effects on heavy metals' toxicity
described above).
TDS
500 - 2,000 mg/L
448
Below 500 mg/L, no detrimental
effects are usually noticed.
Between 500 and 1,000 mg/L,
TDS in irrigation water can
affect sensitive plants. At 1,000
to 2,000 mg/L, TDS levels can
affect many crops and careful
management practices should be
followed. Above 2,000 mg/L,
water can be used regularly only
for tolerant plants on permeable
soils.
Free Chlorine Residual
< 1 mg/L
NA
Notes:
1. From U.S. EPA, "Guidelines for Water Reuse", September 1992.
2. NA - No data available
Basin Plan Groundwater Quality Objectives
The Basin Plan identified the beneficial uses of groundwater in the San Timoteo
Subbasin, (the area underlying the City of Beaumont and the community of Cherry
Valley), as municipal, agricultural, industrial service and industrial process water
supply. The water quality objectives for the groundwater in the San Timoteo Subbasin
to ensure these beneficial uses are maintained are presented in Table 7-5.
In interpreting the water quality objectives, the RWQCB indicates that the
concentrations represent an average pumped water quality.
The Basin Plan states that any water recycling project involving groundwater
recharge must be carefully evaluated to ensure the water quality objectives in Table 7-5
are maintained.
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Table 7-5
Groundwater Quality Objectives
San Timoteo Subbasin
Parameter
Concentration, mg/L
Total Dissolved Solids (TDS)
240
Hardness (as CaCO3)
170
Sodium
45
Chloride
25
Nitrate (as NO3)
26
Sulfate
35
Irrigation and Other Direct Uses
At the present time the only recycled water uses envisioned are those related to
irrigation of freeway medians, golf courses, cemeteries, parks, playgrounds and
schoolyards. Recycled water used for those purposes shall be disinfected tertiary
recycled water. (Strictly speaking the irrigation of freeway medians and cemeteries
only needs to be disinfected secondary effluent. Treating only a portion of the effluent
to meet those reduced requirements is impractical and furthermore would require a
separate piping system to distribute the water to those users.)
In the future the recycled water system could be expanded to irrigate cherry and
other fruit orchards. The proposed requirement for this use is disinfected tertiary
recycled water also.
The City is in the process of upgrading and expanding its treatment facility to
provide disinfected tertiary effluent. No additional treatment is necessary. There are,
however, a number of use area requirements and facility design requirements. (These
requirements assume disinfected tertiary recycled water is used.)
1. No irrigation shall take place within 50 feet of any domestic, including
municipal, water supply well and no impoundment shall occur within 100
feet of any domestic well.
2. Any irrigation runoff shall be confined to the use area and shall not enter a
dwelling, outdoor eating area or a food handling facility. Drinking water
fountains shall be protected against contact with recycled water spray, mist
or runoff.
Irrigation of parks, playgrounds and schoolyards usually requires irrigation
during the night time hours.
3. Recycled water use areas shall be posted with signs.
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4. There shall be no physical connection between any recycled water system
and a potable water system. Only an air gap separation is permitted on back-
up supplies.
5. The recycled water system shall not have any hose bibs. Only quick
couplers different from those used on the potable water system are
permitted.
6. A reduced pressure principle backflow prevention device shall be placed on
the potable water supply connection to each reuse area.
7. A detailed recycled water use report shall be prepared. This report shall
contain
• A detailed description of the use site including the person(s) responsible
for operation and maintenance of the system.
• Piping layout including backflow prevention devices/
• Methods used by the recycled water supplier to ensure no cross
connections
These requirements will be- met in final system design. The report will be
prepared as part of the next phase of implementation.
Groundwater Recharge
The following requirements, excerpted from the "Draft Groundwater Recharge
Regulations," affect the design and operation of the proposed recycled water project. It
is anticipated that the proposed recharge project will be a "Category II" project as
outlined in the Draft Regulations. A Category II project is a surface spreading
operation.
1. All reclaimed water shall be from a wastewater collection system operated
under an approved industrial and toxic waste source control program.
The City will have this in place as it is part of the overall wastewater
discharge permit.
2. A Category II project requires that the recycled water be oxidized, filtered
and disinfected.
Essentially this is a filtered and disinfected secondary effluent. This is
basically the same quality required for direct discharge to San Timoteo
Creek. The City of Beaumont is currently underway with the upgrade and
expansion of their treatment plant to meet this requirement. As such the
current level of treatment should be adequate for recharge.
No supplementary refractory organics removal is contemplated due to the
cost for such additional treatment.
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3. The quantity of water extracted from any domestic (municipal) water supply
well shall not contain more than 20 percent reclaimed water.
A detailed groundwater quality model will have to be developed and run to
simulate the groundwater movement through the aquifer to determine if this
requirement can be met.
4. Groundwater recharge projects shall not be allowed where the initial
percolation capacity of the basin exceeds 0.3 in/min (36 ft/day).
This is an extremely large rate of percolation. The San Gorgonio Pass
Water Agency completed an artificial recharge feasibility investigation in
reasor April 1992 that evaluated percolation capacities at the mouth of Edgar
Wate: Canyon for spreading of State Project Water and found the vertical
percolation rate to be 4.1 ft/day. The average rate of surface infiltration
was found to be 2.9 ft/day. Both are well below the maximum limit.
when
will 1 5. The minimum depth to groundwater shall be 10 feet for initial percolation
ongoi capacities below 0.2 in/min (24 ft/day).
irrig The percolation capacity as discussed above is well below even 0.2 in/min
invol and the depth to groundwater in the area of the proposed spreading basins is
to thi on the order of 500 ft. Again this is well below the requirement.
6. Recycled water shall be retained underground a minimum of 6 months prior
the 1 1Lb to being withdrawn at a domestic (municipal) water supply well.
cont nsty
the This will have to be confirmed by the groundwater model as discussed
Basi above.
con: 7. The minimum horizontal separation between a surface spreading area and a
Cou domestic (municipal) water supply well shall be 500 feet.
EX A detailed inventory of the location of the water wells in the area will have
to be conducted. It is possible that some may need to be relocated.
70f 8. A detailed engineering report will have to be prepared for the project. The
pla report must contain the following information as a minimum:
to 1 • A plan of the treatment, storage, transmission, spreading and monitoring
the facilities.
• A project description
the
• A detailed hydrogeologic study to address the aquifer travel time,
tin
pe percent recycled water intercepted by domestic wells, water quality
se impacts etc.
nc • A description of the operation and maintenance personnel, their
ir qualifications, experience and responsibilities.
fc e Ce
s:
7-13
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R
average daily demand on the maximum summer month was 1.75 times the annual
average. Although there was no data available on daily use at the reclamation plant,
the maximum day demand during the hottest summer month could be expected to be
higher than the average and would probably be on the order of 2 times the annual
average.
The average day demand on the minimum month was 0.35 times the average
daily demand.
In the same study the peak hourly demand during a typical summer day was 2.6
times the daily average demand. On this basis then the peak hourly demand would be
5.2 times the annual average. This is generally consistent with the design criteria used
by the Irvine Ranch Water District.
Table 7-6 presents the planning criteria for recycled water demands.
Table 7-6
Recycled Water Demand Criteria
Condition
Criteria
Average Day Demand
5 ft/yr
Maximum Day/Average Day Demand
2.0
Minimum Day/Average Day Demand
0.35
Peak Hour/Average Day Demand
Landscaped Areas
Golf Courses
Orchards
6.0
2.5
4.0
Figure 7-1 and Table 7-7 presents the existing potential recycled water use areas
within the BCVWD. The total recycled water use for the 736 acres of area is just
under 3,700 acre -ft annually or about 3.3 mgd average daily demand.
To serve all of these users would involve a very extensive distribution and
storage network covering several pressure zones. It is envisioned that the recycled
water system could serve the entire area eventually, so system sizing should consider
that possibility.
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF RIVERSIDE
No # 510
SUMMARY OF ORDINANCE NO. 775
STATE OF CALIFORNIA }
County of Riverside SS.
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above entitled
matter. I am the principal clerk of the printer
of The Daily Record -Gazette
a newspaper of general circulation, printed and pub-
lished daily in the City of Banning County of Riverside
and which newspaper has been adjudged a newspaper
of general circulation by the Superior Court of the
County of Riverside, State of California, under date of
October 14, 1966, Case Number 54737, that the
notice, of which the annexed is a printed copy, has been
published in each regular and entire issue of said news-
paper and not in any supplement thereof on the follow-
ing dates, to -wit
PUB: 11/5,
all in the year 19
97
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Date November 5, 19 97
at Riverside, California
This space is for County Clerk's Filing Stamp
SUMMARY OF
ORDINANCE
NO.775
AN ORDINANCE
OF
THE CITY
COUNCIL
OF THE CITY OF
BEAUMONT,
CALIFORNIA
ESTABLISHING
SERVICE
CHARGES AND -
FEESFOR
RECYCLED OR
RECLAIMED
WATER IN THE
CITY OF
BEAUMONT AND
THE CITY SPHERE
OF INFLUENCE
On October 27, 1997,
Ordinance No. 775 was
introduced by the City
Council of the City of
Beaumont. The purpose
of the Ordinance is to
promote the conserva-
tion and reuse of water
resources and ' provide
for the maximum public
benefit from the use of
the City's reclaimed
water. The Ordinance
shall apply and may be
amended by a successor
of the City pursuant to a
Reclaimed Water Pur-
chase Agreement.
It shall be City policy
that reclaimed or other
non -potable water be
used for any purposes
approved for non-
domestic water use, to
the maximum extent
possible. Use of potable
water for non-domestic
uses shall be considered
contrary to City policy,
shall not be considered
the most beneficial use
of the natural resource
and shall be avoided to
the maximum extent
possible. It is the City's
intent to maintain
reclaimed water quality
through a stringent pre-
treatment program for
commercial and in-
dustrial wastes and by
restricting brine dischar-
ges from water sof-
teneers, evaporative
coolers, and other sour-
ces.
The Ordinance shall
goVern' the regUirentettts
for reclaimed water use,
the commencement and
termination of
reclaimed water service,
and the conditions and
regulation of such ser-
vice within the City's
jurisdiction including
the City Sphere of In-
fluence.
The Ordinance incor-
porates documents as
they now exist and as
they may be amended
from time to time, in-
cluding (i) "Eastern
Municipal Water Dis-
trict ("EMWD") Back-
flow/Cross-Connection
Control Regulations; (u)
"Reclamation Criteria."
California Administra-
tive Code (Title 22,
Division 4, Chapter 3);
(iii) "Manual of Cross-
Connection Control/
Procedures and Prac-
tices": Department of
'Health Services; . (iv)
"Regulations Relating
to Cross -Connections":
California Administra-
tive Code (Title 17,
Chapter 5, Subchapter
I); (v) "Procedural
Guide and General
Design Requirements
for Construction of
Reclaimed Water
Facilities": EMWD; (vi)
"Guidelines for Dis-
tribution of Non -potable
Water": Department of
Health Services; (viii)
All applicable Federal,
State and Local Regula-
tions; and (kx) all other
rules and regulations, as
determined by the City
Council.
The City may adopt
plans and policies (the
"Master Plan") as set
forth in the Beaumont -
Cherry Valley Water
District Recycled Water
Master Plan designating
current and potential
areas of reclaimed water
use in accordance with
the Ordinance and shall
encourage the develop-
ment of reclaimed water
use within the City and
the City Sphere of In-
fluence. The Master
Plan may be reviewed
and updated as needed.
Where it is determined
reclaimed water is, or
will be available within
five years, the City may
request modifications to
existing on-site water
facilities and require change of User occurs;
construction of (iii) use of reclaimed
reclaimed water systems water changes, or (iv) a
in new developments to use violation has oc-
handle current and/or j cuffed which results in a
future reclaimed water service turn off per Ar -
use. ticle 4.10 of the Or -
The City's reclaimed dinance. A new applica-
water service shall be tion must be submitted
used in a . manner that to reinstate a permit
complies with any all canceled for any of the
applicable Federal, above criteria.
State and local statutes, A reclaimed water
ordinances, regulations agreement may. be
an other requirements prepared following is -
for the treatment level suance of the use per -
supplied, and will mit. , Reclaimed Water
achieve the following: Agreements are not
(a) Prevent direct transferable. A new
human consumption of agreement must be
reclaimed water through made if there is a
(i) User/City adherence change of owner, User
to all applicable rules or land use.
and regulations; (ii) Reclaimed water rates,
Posting of warning fees and charges are
signs by user; and (iii) adopted as of the date of
City Cross -Connection/ adoption of the. Or -
Backflow Prevention dr"'nee, and as set forth
Control Program; (b)
in the Appendices there -
Control runoff of in. Any changes in fee
reclaimed water through schedules shall be
City monitoring of the automatically . adopted
installation and opera- therein, and may . be
tion of reclaimed water amended by resolution
facilities and use areas; of the City. Applicants
and (c) City monitoring for reclaimed water ser
of reclaimedwater vice shall pay their fair
quality. share for the construe
The Ordinancee es- tion of facilities neces-
tablishes an application B a r y to deliver
procedure and provides reclaimed water to the
that no person shall use applicant's property and
or make connection to for distribution thereon.
City reclaimed water All fees and estimated
facilities without first construction costs shall
obtaining a City be paid prior to con -
reclaimed water use struction; however, the
permit. Such permit City may reimburse the
shall be in addition to applicant for a portion
any and all permits and of the cost of such
conditions required by facilities as set forth in
Federal, state, or local Article 5.3 of the Or -
regulatory agencies. dinance.
Persons desiring or re- Effective July 1 of each
q u i r e d to obtain year all reclaimed water
reclaimed water service rates and charges shall
shall make application be automatically ad-
(Exhibits 1 and 2 of the justed by the Consumer
Ordinance) through the Price Index increase, if
Water Operations any' for the previous
Branch of the City for a four (4) quarters ending
use permit. The permit March 31, , unless the
shall verify that the City Council elects to
design and operational adopt an alternative rate
procedures for, the ap- schedule.
plicant's reclaimed All off-site reclaimed
Water facilities are in water facilities and all
compliance with all ap- on-site reclaimed water
plicable regulations. facilities shall be
A use permit willdesigned and con -
remain in effect unless: structed according to
(i) a change of owner- the requirements, condi-
. _ tions. and standards as
adopted and revised by
the City from time to
time, including, but not
limited to, "EMWD
Standard Specifications
for the Construction of
Reclaimed Water
Facilities," which docu-
ment is on file at the
City . office; and by
reference is incor-
porated in the Or-
dinance, or as otherwise
approved by the Chief
Engineer. The
reclaimed water system
including both off-site
and on-site facilities,
shall be separate and in-
dependent of any
potable water system.
The operation, surveil
lance, repair . and mains
tenance of on-site
reclaimed water
facilities are the respon-
sibility of the User.
Copies of the Ordinance
are on file with the City
Clerk of the City of
Beaumont.
The Ordinance shall be
in full force and effect
30 days from and after
its adoption.
The Ordinance was in-
troduced on October 27,
1997 by the following
vote:
AYES: Mayor Leja,
Council Members
Westcot, Berg, and
Zeller.
NOES: None.
ABSTAIN: None.
ABSENT: Council
Member Parrott.
A public hearing on the
Ordinance will be held
on November 10,' 1997,
at 6:00 p.m., at City
Hall, 550 East Sixth
Street, Beaumont,
California. After such
hearing, the Ordinance
will be considered by
the City Council for
passage and adoption.
APPENDIX to ORDINANCE 775
RECLAMEDWATER RATE SCHEDULE
I Retail Rates per 5.5bol the Ordna ce
A. Service Charge by Meter Size
11621121
4' or easier
r a larger
B. Commodity Rale: Agricultural
pAirimum contiaaus basic lbw of 400 pm) :Wahl
28100
Wafts!
$30200
Waft
Ft
=15.00
•
Flat Rate
litIttiant
$20.00
=40.00
C. Comma* Rate: Non. Agricultural
D. Energy Charge.
45 psi or less at the meter
las determined by Gar Engineer)
N Wholesale Rates per Article 5.5cdthe Ordinance As the Eby
NI Construction Wider Rates per Article 5.5d of the Ordnance
A. , Service Deposit (refundable) $ 500.00'
B. Meta Set Large (nan-refundable) $100.00
C. Meter Move Dirge leach move) $ 50.00
D. Daly Sento Mtge $200
E. Commodty Rate:
N Temporwy Service Rates per klide 5.6 ci the Ordinance
other than canaUlbn) Sian
Coral aria RIO
Y Sete OubidiCly paAdide5.7c4 the *diets
A. Ent* Oat)
1. Same as Tempoay Service Rates
OR
2. Cl); Council may set rates by agreement consisted
wiA ba rates br service in aro Dry
Panty Onsite
1. yppalionedasbplcedes,
4. Reodmec in Charge
5. Reamed Check Charge
6. Meter Test Charge
PupedMier Chip
8 Property Dame
Cut Lock oSeel
Damaged Mean
Other Fatties
550.00
=15.00
:20.00
850.00
=10.00
Actual Cost
Actual Repair Cost
9. U au based Use
Sel Tum On of Service 8100.00
Sel hslal tion of Service ;500.00
Other $ 200.00
10. Administrate Netted
20%af Direct Cost d Service Rendered
11. Condition Depots
Aldepart iaesdmMedcosts bbe interred by the Cry for the
instationdredainedwaterfacltiesfaaUsershalbeadvanced
bthe Cly bythe Usenpriorto installation of said tellies.
Publish The Record Gazette
No. 510
11-5,1997
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF RIVERSIDE
No # 515
LEGAL NOTICE
STATE OF CALIFORNIA
County of Riverside f ss.
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above entitled
matter. I am the principal clerk of the printer
of The Daily Record -Gazette
a newspaper of general circulation, printed and pub-
lished daily in the City of Banning County of Riverside
and which newspaper has been adjudged a newspaper
of general circulation by the Superior Court of the
County of Riverside, State of California, under date of
October 14, 1966, Case Number 54737, that the
notice, of which the annexed is a printed copy, has been
published in each regular and entire issue of said news-
paper and not in any supplement thereof on the follow-
ing dates, to -wit
PUB: 11/12 & 11/19,
all in the year 19
97
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Date November 19, 19 97
at Riverside, California
•s.
This space is for County Clerk's Filing Stamp
Noticeof,
'Public ileering
Regarding
Recyclecd
Water Rates,
Fees and
Charges
Notice is hereby given
that on Monday,
December 22, 1997, at
6:00 p.m. (Or as soon
thereafter as It may be
heard), at City Hall, 550
East Sixth Street,
Beaumont, California,
the City Council of the
City of Beaumont will
hold a public hearing
regarding rates and
charges for reclaimed
water pursuant to Or-
dinance No. 775. [the
parcels(s) owned by you
referenced above are
proposed to receive
reclaimed water when
reclaimed water
facilities are completed
and become available.]
the reclaimed water
rates, fees, and charges
provide for reclaimed
water facilities and pay-
ment of costs of opera-
tion and maintenance of
the reclaimed water
facilities. The reclaimed
water rates, fees and
charges were calculated
based upon estimated
cost, of operation and
maintenance of the
reclaimed water
facilities, Data indicated
the amount of cost, or
estimated cost, required
to provide the services
and the revenue sources
anticipated to provide
the services is available
for public review at the
City Manager's Office
All interested parties are
invited to be heard.
Written comments will
be accepted until the
night of the hearing. At
the public hearing the
City Council will con-
sider all testimon% both
for and protests #gainst
the proposed reclaimed
water rates, fees or
charges.
Any Charges in fee
schedule shall be
automatically adopted
therein, and may be
amended by resolution
of the City. Applicants
for reclaimed water ser-
vice shall pay their fair
share for the construc-
tion of facilities neces-
sary to deliver
reclaimed water to the
applicant's property and
for distribution thereon.
All fees and estimated
constructions costs shall
be paid prior to con-
struction; however, the
City may reimburse the
applicant for a portion
of the cost of such
facilities asset forth in
Article 5.3 of the Or-
dinance.
Effective July 1 of each
year all reclaimed water
rates, fees and charges
shall be automatically
adjusted by the Con-
sumer Price Index in-
crease, if any, for the
fatir j4),Ytti'artetsetding,
1 •jilrty BdMar#EHa31,`
unless the CFtt'Coiincil
elects to adopt an alter-
native rate schedule.
A copy of the Or-
dinance is posted at the
City Council Chambers
in the Beaumont Civic
Center, 550 East Sixtl
Street, Beaumont
California and is on fib
with the City Clerk o
the City of Beaumon
and copies of the rates
fees and charges whicl
are set forth in Appen
dices to the Ordinance
are attached hereto.
—s- Shelby Hanve:
Shelby Hanve:
Deput;
City Clerl
Publish The Recoil
Gazette
No. 515
11-12, 19, 199'
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TYPE OF AD ., 2,:, ,1503 a G8 erg .;-4/� 0� a a ;�.r,,-,,"
PUBLICATION
10/27.11/3 (1997)
•
PROOF' 2 MAIL HEIRS` q • # INVOICES
; '` L 415/b 1 REST. $ (g6—
/ LINES
•
Attached is a clipping of your legal advertisement,
the first publication having been made today 1
Will you please read it and if any errors are
discovered call immediately The Press -Enterprise,
ii,(909) 684-1200, Ext. 2518.