HomeMy WebLinkAbout11/06/2001, PH4 - INTRODUCTION OF AN ORDINANCE MANDATING THE USE OF RECYCLED WATER WHEN FEASIBLE council NovD 6 2001
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CITY OF SAN LUIS O B I S P O
FROM: John Moss,Utilities Director
Prepared By: David PierceQWater Projects Manager
SUBJECT: INTRODUCTION OF AN ORDINANCE MANDATING THE USE OF
RECYCLED WATER WHEN FEASIBLE
CAO RECOMMENDATION
Introduce an ordinance adding section 13.24 to the City Municipal Code, mandating the use of
recycled water when it is available for delivery to the property and appropriate for the intended use.
DISCUSSION
The Water Reuse Project is scheduled for its 50% design review during the latter part of December
and January. Staff is providing the necessary documentation for the State Water Resources Control
Board (SWRCB) to process an application for a grant and loan. The SWRCB has the funding to
issue a grant for 25 percent (approximately $3 million) of the total approved grant/loan
combination. The SWRCB requires assurance that there will be users for the recycled water. This
assurance can be a mandatory use ordinance or agreements with each of the users. Adoption of an
ordinance is most appropriate because most of the potential use is within new developments for
which agreements cannot be obtained, and because the City already has a policy that recycled water
is to be used, where feasible, within new development. The ordinance will give clear guidance and
authority to City staff working with developers that recycled water is to be used wherever feasible.
The California Water Code (sections 13550 through 13556) mandates the use of recycled water,
when available, for irrigating parks, golf courses and highway landscape areas, and authorizes local
agencies to require the use of recycled water for residential landscaping. Therefore this ordinance is
an enabling ordinance to clarify the implementation of state legislation.
This ordinance is being added in new Chapter 13.24 of the Municipal Code because additional rules
and regulations will be required to implement and manage the recycled water program. The
Regional Water Quality Control Board and the State and County Health Departments will review
drafts of these rules and regulations as they process our request for a Master Reclamation Permit.
FISCAL IMPACT
There is no additional fiscal impact associated with the adoption of this ordinance.
Attachment 1: Ordinance
Attachment 1
ORDINANCE NO. (2001 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO,
ADDING CHAPTER 13.24 TO THE CITY OF SAN LUIS OBISPO'S
MUNICIPAL CODE MANDATING THE USE OF RECYCLED WATER
WHEREAS, Section 2 of Article X of the California Constitution declares,"that the waste
or unreasonable use or unreasonable method of use of water be prevented,"and
WHEREAS, Section 13550 of the California Water Code declares,"that the use of potable
domestic water for nonpotable uses,including but not limited to, • • • • ,is a waste or an
unreasonable use of the water within the meaning of Section 2 of Article X of the California
Constitution if recycled water is available which meets all of the following conditions,
and
WHEREAS,The recycled water to be distributed by the City of San Luis Obispo will meet
the conditions established in Section 13550 of the California Water Code.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION L.
Chapter 13.24"RECYCLED WATER SERVICE"is added to the San Luis Obispo Municipal
Code to read as follows:
13.24.010 STATEMENT OF POLICY
When in the judgment of the City,reclaimed water service can be feasibly provided to a.
particular parcel for particular uses,the Utilities Director shall require the use of reclaimed water in
lieu of potable water for those uses. As used herein,the term"feasible" means reclaimed water is
available for delivery to the property in compliance with all applicable federal,state,and local laws,
ordinances and regulations and such reclaimed 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.
SECTION 2. SEVERABILITY
If any subdivision; paragraph, sentence, clause, or phrase of the 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 express 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, approved by the City Attorney,together
with the names of the Council members voting for and against it, shall be published at least five
Ordinance No. (2001 Series)
Page 2
days prior to its final passage, in the Tribune, a newspaper published and circulated in this City.
This ordinance will go into effect at the expiration of thirty(30) days after its final passage.
INTRODUCED on the day of 2001
AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day
of 2001, on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
*G. ?- , Attomey
Ord. XXXX Page 2 of 2
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