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HomeMy WebLinkAbout1526ORDINANCE 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 that 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, pursuant to Ordinance No. 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 Council of the City of San Luis Obispo 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: 01526 Ordinance No. 1526 (2009 Senses) Page 2 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. 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 19th day of May 2009, on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None ATTEST: &4"', . "". Audrey o er City Cler APPROVED AS TO FORM: Jo an P. Lowell City Attorney r Mayor David F. Romero I hereby certify that this document is a true and accurate copy of Ordinance No. and that the ordinance was published pursuant to Charter Section 6 2. _.tea Date City Clerk