3.35.120 Permit required.
A. Permit Requirement Generally.
1. It is unlawful for any person, or for any person as agent, clerk or employee, to take, use, or apply recycled water except in compliance with this chapter, all local, state, and federal laws and regulations governing such use and only after first procuring a recycled water use permit in accordance with this section or entering into a nonpotable water agreement with the district.
2. A recycled water use permit does not authorize violations of any local, state, or federal law or regulation. Every customer has an independent obligation to comply with all applicable local, state, and federal laws and regulations.
B. Permit Application. Any person seeking to take, use, or apply recycled water must apply for and obtain a recycled water use permit, pay any fees required to establish or continue such service, and, if required, enter into a nonpotable water agreement satisfactory to the general manager. The application must be in the form and content set forth by the district.
C. Permit Application Fees. Any person seeking a recycled water use permit must submit with the application an application fee in an amount established by resolution of the board of directors.
D. Permit Investigation and Test. Prior to issuance of a recycled water use permit, a customer must coordinate with the district to complete a cross-connection control investigation and test and remove any connections between recycled and potable water supplies to the satisfaction of the district.
E. Permit Modification and Transfer.
1. A recycled water use permit is not transferable, unless the district authorizes a transfer in accordance with this section. Prior to any change in ownership or management or on-site supervisor of this facility, the customer shall notify the district of the proposed transfer, obtain district approval, and transmit a copy of its recycled water use permit and general order to the succeeding owner and operator and forward a copy of the transmittal letter to the district.
2. At least 30 days prior to any modifications in the use or use area which would result in material change in the type, location, manner, or quality of recycled water use, a customer must report all pertinent information in writing to the district and obtain approval of such modifications.
3. If property with a use area is subdivided, recycled water service will be considered as belonging to the parcel it enters directly. A customer must notify the district if property subject to a recycled water use permit is subdivided or if ownership is transferred.
F. Permit Conditions – Denial – Suspension – Revocation – Termination.
1. The district may condition, deny, suspend, revoke, issue a fine, or terminate any recycled water use permit for cause, including but not limited to:
a. Any violation of this chapter;
b. The applicant made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this title;
c. Failure to obtain or comply with a license, where this code or the laws of the state of California require a person or entity to be licensed under and by virtue of its laws;
2. The district may include in any recycled water use permit requirements for a customer to undertake monitoring activities, analyses and furnish reports. Specific monitoring requirements must bear a reasonable relationship to the types of pollutants which may be generated by the person’s activities or the facility’s operations.
G. Permit Does Not Excuse Compliance with Local, State, and Federal Laws and Regulations. A recycled water use permit does not authorize violations of any local, state, or federal law or regulation. Each customer has an independent obligation to comply with all applicable local, state, and federal laws and regulations.
H. Permit Does Not Create Property Rights. The issuance of a recycled water use permit does not convey property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any violation of local, state, or federal laws or regulations. In granting a recycled water use permit, the district does not warrant, represent, or guarantee that it will be able to provide all nonpotable water required by a customer, its successors and assigns. The district assumes no liability for damages customer may sustain because the district may be unable to meet customer’s demands for nonpotable water. (Ord. 1440 § 2 (Exh. A), 2020)