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HomeMy WebLinkAbout11/06/2001, PH4 - INTRODUCTION OF AN ORDINANCE MANDATING THE USE OF RECYCLED WATER WHEN FEASIBLE council NovD 6 2001 j acEn& Repoizt 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 3