3.35.130 Prohibitions and requirements.
A. Generally. It is unlawful for any person to use recycled water in any manner that may:
1. Cause pollution or nuisance as defined in § 13050(m) or pollution as defined in § 13050(l) of Division 7 of the California Water Code.
2. Cause, allow, permit, or facilitate the use of recycled water in a manner inconsistent with the basin plan.
3. Violate any recycled water use permit or local, state, or federal law or regulation.
B. Construction, Operation and Maintenance.
1. Prior to construction of new facilities planning to use recycled water, the customer shall submit the design drawings to the district for approval.
2. The user shall submit “as-built” plans and specifications showing the domestic and irrigation systems; the location of all potable and recycled water connections; and locations of all on-site and nearby wells to the district. These plans shall be submitted within a time frame acceptable to the district. Within 30 days of the issuance of a recycled water use permit, existing facilities without “as-built” plans shall contact the district for guidance.
3. Each customer must at all times properly calibrate, operate, and maintain all facilities and systems of treatment and control and related appurtenances, which are installed or used by the Customer in good working order to achieve compliance with conditions of this chapter.
C. Use Area.
1. Requirements.
a. Recycled water must be used and managed in accordance with all applicable local, state, and federal laws and regulations, including but not limited to Article 4 of Division 4 of Title 22 (commencing with § 60310) of the California Code of Regulations, this chapter, and any permit or order issued by the district regarding recycled water.
b. Recycled water may only be applied in use areas identified in the recycled water use permit and nonpotable water agreement.
c. Recycled water must be capable of being operated during a time of day that will minimize contact with the public.
2. Prohibitions. It is unlawful for any person to cause, allow, permit, or facilitate:
a. The application of recycled water beyond the use area authorized in a valid recycled water use permit.
b. The application of recycled water to land not owned or controlled by the customer.
c. The giving or selling of recycled water to any other person.
d. Recycled water lines to cross property lot lines.
e. Recycled water to escape from the use area as surface flow that would either pond and/or enter surface waters, unless authorized by the Division of Drinking Water.
D. Pond or Discharge.
1. Requirements.
a. Each customer must manage the use area to prevent breeding of mosquitos, including ensuring no standing water is present 48 hours after dust control operations.
b. Irrigated areas shall be properly managed to minimize ponding, overspray and runoff.
c. Application of recycled water is limited to agronomic rates considering soil, climate, and plant demand. Application of recycled water and use of fertilizers shall be at a rate that takes into consideration nutrient levels in recycled water and nutrient demand by plants.
2. Prohibitions. It is unlawful for any person to cause, allow, permit, or facilitate:
a. Recycled water to escape from the use area as surface flow that would either pond and/or enter surface waters, unless authorized by a separate permit issued by DDW.
b. Recycled water to be applied to irrigation areas during periods when soils are saturated.
c. The disposal of recycled wastewater by means of percolation ponds, excessive hydraulic loading of application areas, or any other method.
E. Potable Water.
1. Requirements.
a. Each customer must ensure the recycled water does not come into contact with any potable water sources, distribution lines, areas of use, or uses.
b. Drinking water fountains shall be protected from potential overspray.
c. Each customer must provide for backflow protection for potable water supplies as specified in California Code of Regulations, Title 17, § 7604, or as otherwise determined by the district.
d. The customer shall participate and assist the district in cross connection tests that provide documentation to ensure that there is no interconnection between the potable and recycled water systems. The district and customer shall ensure that an initial cross connection test is completed prior to construction for delivery of recycled water to the site. A cross connection control test shall be conducted at least once every four years and after any major irrigation system change. The tests shall be conducted by an American Waterworks Association (AWWA) certified cross connection control program specialist or equivalent employed or approved by the district. Results of the cross connection test shall be submitted to the district within 30 days of completion.
e. There shall be at least a four-foot horizontal and one-foot vertical separation (with domestic water above the recycled water pipeline) between all newly installed constant pressure pipelines transporting domestic water and those transporting recycled water.
f. Pipelines transporting recycled water must be physically separate from potable water pipelines as per Water Code § 13555.3. Water delivery systems on private property that could deliver recycled water for nonpotable uses shall be designed to ensure that the water to be used for only potable domestic uses is delivered, from the point of entry to the private property to be served, in a separate pipeline which is not used to deliver the recycled water.
2. Prohibitions. It is unlawful for any person to cause, allow, permit, or facilitate:
a. The application of recycled water within 50 feet, or storage of recycled water within 100 feet, of a domestic well, unless all of the following conditions have been met:
i. A geological investigation demonstrates that an aquitard exists at the well between the uppermost aquifer being drawn from and the ground surface;
ii. The well contains an annular seal that extends from the surface into the aquitard;
iii. The well is housed to prevent any recycled water spray from coming into contact with the wellhead facilities;
iv. The ground surface immediately around the wellhead is contoured to allow surface water to drain away from the well; and
v. The owner of the well approves of the elimination of the buffer zone requirement.
b. Any physical connection between recycled water piping and any domestic water supply, domestic well, or potable water system.
c. The direct or indirect discharge of recycled water into any domestic or irrigation supply well, as a result of recycled wastewater storage or discharge.
d. The use of recycled water as domestic supply water or intentionally as animal water supply.
e. Application of recycled water in a manner or at a location where it could come in contact with drinking water fountains, food handling, food storage, or dining areas.
f. The entry of spray, mist, or runoff from recycled water to dwellings, designated outdoor eating areas, or food handling facilities or contact any drinking water fountain, unless specifically protected with a shielding device.
g. Any cross connection between potable water supply and piping containing recycled water.
h. Supplementing recycled water with water used for domestic supply, except with an air-gap separation. An air gap shall be provided at all domestic water service connections to recycled water use areas as per California Code of Regulations, Title 17, § 7602. An air-gap separation (AG) shall be at least double the diameter of the supply pipe, measured vertically from the flood rim of the receiving vessel to the supply pipe; however, in no case shall this separation be less than one inch. Customers shall provide for appropriate backflow protection for potable water supplies as specified in California Code of Regulations, Title 17, § 7604, or as determined by the DDW.
F. Groundwater.
1. Requirements. Recycled water must be used and managed in accordance with all applicable local, state, and federal laws and regulations, including but not limited to any approved salt and nutrient management plan.
2. Prohibitions. It is unlawful for any person to cause, allow, permit, or facilitate:
a. The use of recycled water in any manner that degrades ground water used for domestic purposes or cause any change in water quality parameters which would make the water unsuitable for beneficial uses as described in the basin plan or Safe Drinking Water and Toxic Enforcement Act.
b. The use of recycled water to replenish groundwater resources unless authorized by separate permit from DDW or the Regional Water Board. Groundwater replenishment activities include surface spreading basins, percolation ponds, or injection through groundwater wells.
c. The use of recycled water for direct potable reuse, indirect potable reuse for groundwater recharge, or reservoir water augmentation, as those terms are defined in Water Code § 13561.
G. Notice and Restrictions for Public.
1. Each customer must limit public contact with recycled water using signs and other appropriate means. At a minimum, a customer must take the actions in this section.
2. At least 30 days prior to connection of recycled water, each potential customer must assure that notification of discharge of recycled water is provided to any person who resides adjacent to recycled water irrigation use areas and to patrons. A copy or proof of notification shall be provided to the district.
3. Public contact with recycled water shall be controlled using signs and/or other appropriate means within project boundaries. The size and number of warning signs shall be mutually determined by the customer and the district. All use areas where recycled water is used that are accessible to the public shall be posted with signs that are visible to the public, in a size no less than four inches high by eight inches wide, that include the following wording: “RECYCLED WATER – DO NOT DRINK.” Each sign shall display an international symbol similar to that shown in California Code of Regulations, Title 22, Division 4, Chapter 3, Article 4, as shown below. Alternative signage and wording, or an educational program, may be acceptable on a case-by-case basis, provided the use site demonstrates the alternative approach will assure an equivalent degree of public notification.
4. Pump houses utilizing recycled water shall be appropriately tagged with warning signs with proper wording of sufficient size to warn the public that recycled water is not safe for drinking.
5. All new and replacement at-grade valve boxes shall be purple or appropriately tagged for water reuse purposes.
6. All replaced or newly installed recycled water distribution lines shall be colored purple or labeled with purple tape. Existing pipelines are excluded from this requirement as per Health and Safety Code § 116815(a), purple pipe for recycled water. All pipes installed above or below the ground, on and after June 1, 1993, that are designed to carry recycled water, shall be colored purple or distinctively wrapped with purple tape.
7. The portions of the recycled water piping system that are in areas subject to access by the general public shall not include any hose bibs. Only quick couplers that differ from those used on the potable water system shall be used on the portions of the recycled water piping system in areas subject to public access.
H. Emergency Response.
1. Each customer must establish and have on site an emergency response plan consistent with the recycled water program manual requirements.
2. Each customer must, in the event of a backflow incident or cross connection, implement the emergency response plan.
3. In case of a major earthquake, the on-site supervisor must immediately inspect the potable and recycled water irrigation systems for damage. If either system appears damaged, both water sources for the irrigation systems should be shut off at their points of connection. The on-site supervisor must immediately contact the district. (Ord. 1440 § 2 (Exh. A), 2020)