HomeMy WebLinkAbout05/19/2009, C2 - FINAL ADOPTION OF ORDINANCE NO. 1526 PROCEDURES FOR RECYCLED WATER USE C
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C I T Y OF SAN LUIS OBISPO
FROM: Carrie Mattingly, Utilities Director
Prepared By: Jennifer Metz, Utilities Project Manger
SUBJECT: FINAL ADOPTION OF ORDINANCE NO. 1526 PROCEDURES FOR
RECYCLED WATER USE
RECOMMENDATION
Adopt Ordinance No. 1526
DISCUSSION .
On May 5, 2009, the Council. voted 5-0 to introduce Ordinance No. 1526 adding Section
13.24:20 to the San Luis Obispo Municipal Code that use and distribution of recycled water shall
be in accordance with the City's Procedures for Recycled Water Use. Ordinance No. 1526 is
now ready for adoption and will become effective thirty days after the date of its final passage.
ATTACHMENT
Ordinance No. 1526
C_ ATTACHMENT
ORDINANCE NO. 1526 (2009 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADDING SECTION 13.24.20 TO THE SAN LUIS OBISPO MUNICIPAL CODE
REGARDING RECYCLED WATER USE
WHEREAS, the California Legislature declared that recycled water should be
encouraged as a new water supply necessary to meet the future water needs of the State and use
of potable domestic water for nonpotable uses that are approved by the State for recycled water
use may constitute waste or an unreasonable use within the meaning of the California
Constitution, Article X, Section 2 if recycled water is available at a reasonable cost (Water Code
§§ 13510 et seq. and 13550 et seq.); and
WHEREAS, by Ordinance 1403 (2001 Series), it is the policy of the City that when in
the judgment of the City, recycled water service can be feasibly provided to a particular parcel for
particular uses, the Utilities Director shall require the use of recycled water in lieu of potable
water for those uses. As used in the policy, the term "feasible" means recycled water is available
for delivery to the property in compliance with all applicable federal, state and local laws,
ordinances and regulations and such recycled water can be delivered to the property at an overall
cost to the user which does not exceed the overall cost of potable water service; and
WHEREAS, in 2002 the City Council established by resolution a rate for the sale of
recycled water equivalent to 90 percent of the potable water rate; and
WHEREAS, in 2004 the City approved the Water Reuse Master Plan including the
identification of a recycled water use area, and the expansion of a distribution system to provide
incremental increase in recycled water available for nonpotable uses; and
WHEREAS, in 2006 the City completed construction of a Water Reuse Project which
consists of infrastructure facilities (distribution pipelines, pump stations, an underground storage
tank and appurtenant facilities) to deliver disinfected tertiary treated recycled water from the
Water Reclamation Facility to customers for irrigation, construction uses such as grading and
dust control, and other uses; and
WHEREAS, the purposes of the Water Reuse Project are to reduce demand for potable
water and to provide an alternative source of supply.
NOW, THEREFORE,BE IT ORDAINED by the City Council as follows:
SECTION 1. Section 13.24.20 (Use and Distribution of Recycled Water) is hereby added
to Chapter 13.24 (Recycled Water Service) of Title 13 (Public Services) of the City of San Luis
Obispo Municipal Code to read:
13.24.20 Use and Distribution of Recycled Water
The use and distribution of recycled water shall be in accordance
with the City's Procedures for Recycled Water Use and all applicable federal,
state and local laws, permits and regulations, including Titles 17 and 22 of the
California Code of Regulations, as may be amended from time to time.
ATTACHMENT
Ordinance No. 1526 (2009 Series)
Page 2
SECTION 2. Severability.
If any subdivision, paragraph, sentence, clause or phrase of this ordinance is, for any reason, held
to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or
unenforceability shall not affect the validity or enforcement of the remaining portions of this
ordinance, or any other provisions of the City's rules and regulations. It is the City's expressed
intent that each remaining portion would have been adopted irrespective of the fact that any one
or more subdivisions, paragraphs, sentences, clauses or phrases be declared invalid or
unenforceable.
SECTION 3. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty(30)days after its final passage.
INTRODUCED on the 5th day of May 2009, AND FINALLY ADOPTED by the
Council of the. City of San Luis Obispo on the day of 2009, o n the
following roll all vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
an P. Lowell
City Attorney
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