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HomeMy WebLinkAboutNS-2045 - Santa Ana Municipal Code Pertaining to the Sale of Reclaimed WaterORDINANCE NO. NS-2045 EJC:CRT: jd(~4) 403 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTIONS 39-36 THROUGH 39-46 TO THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE SALE OF RE- CLAIMED WATER THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 39-36, whioh said sec- tion reads as follows: Sec. 39-36. Reclaimed Water; Source of Reclaimed Water (a) For purposes of Sections 39-36 through 39-46, reclaimed water shall be defined as treated wastewater supplied by Orange County Water District ("OCWD") from the Green Acres Project, or treated wastewater [of comparable quality] from such other water reclamation system as the city shall designate. (b) City has agreed to buy reclaimed water from OCWD and to resell such reclaimed water, as contractor for OCWI), to water users ("users") located within the jurisdictional and service boundaries of the city. (c) Any city obligation to deliver reclaimed water is conditioned upon OCWD's completing and making opera- tional the Green Acres Project, including the distribution pipe- line system necessary to provide reclaimed water to users, upon OCWD's making reclaimed water available for sale to users and upon issuance of all necessary permits, certificates and appro- vals by all federal, state, and local regulatory agencies having jurisdiction over the construction and operation of water recla- mation facilities and over the production, distribution, sale and use of reclaimed water. Any obligation is further conditioned upon OCWD being able to acquire acceptable right-of-way access from the Green Acres Project Facilities to user's property for distribution pipeline purposes, and upon approval of all federal, state and local agencies having regulatory jurisdiction or grant funding responsibilities with regard to the Green Acres Project Facilities. (d) The city shall have no obligation to supply reclaimed water beyond that usable by user on the property set forth in any "Reclaimed Water User Agreement." Reclaimed water furnished by city shall be provided solely for user's use and user shall not resell any such reclaimed water. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 39-37, which said 40 =Page tWO section reads as follows: Sec. 39-37. Reclaimed Water; Pressure and Quality of Water to be Purchased by User Subject to compliance by OCWD, all reclaimed water delivered to users from Green Acres Project Facilities shall conform to the current and future requirements established by the california Regional Water Quality Control Board-Santa Ana Region, state and local health departments, and federal, state and county agencies having jurisdiction to establish minimum standards for the quality of reclaimed water. Reclaimed water shall be deliv- ered on a continuous basis at the minimum and maximum pressures set forth in user's "Reclaimed Water User Agreement." SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 39-38, which said sec- tion reads as follows: Sec. 39-38 Reclaimed Water; Ownership of Valves and Meters The city will own, operate and maintain the control valves located on each side of the meter and the metering device installed on the service line to user's property. At locations where reclaimed water is used exclusively, city may convert existing service connections (including control valves and meters) from potable to reclaimed water system connections. User will own and maintain all facilities on user's side of the customer control valve. User shall be held responsible and charged for all water passing through meters at its property. The city reserves the right to determine the size of the reclaimed water pipeline, the type of pipe, the ser- vice connection required, and any and all other appurtenances related to reclaimed water usage, which are located on the prop- erty location to which reclaimed water will be delivered. SECTION 4: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 39-39, which said sec- tion reads as follows: Sec. 39-39. Reclaimed Water; Purchase of Water by User (a) The city will supply reclaimed water to user and user shall purchase reclaimed water for the location(s) and purposes and in the estimated amounts set forth in its "Reclaimed Water User Agreement." (b) The user shall commence taking deliveries of reclaimed water after receiving written notice of availability from city. To the extent that user's then current use of its ORDINANCE NO. NS-2045 Page three property necessitates the use of reclaimed water, user will continue to purchase reclaimed ~ater from city. In the event that the current use of the property is discontinued or is modi- fied, reclaimed water service may be terminated by mutual agree- ment in writing by city and user. (c) The city reserves the right to control and schedule the use, distribution and delivery of reclaimed water if in its reasonable discretion, control and scheduling are necessary to maintain the reclaimed water distribution system in acceptable working condition. Scheduling may include, but is not limited to, varying rates of pressure, and programming deliveries to user and/or portions of 'user's property. (d) If at any time during the construction or operation of the project'facilities real or potential hazards, or evidence of a hazard, are found to exist, city reserves the right and has the authority to terminate reclaimed water service to user's property in the interest of protecting the public health. Service shall be reinstated upon abatement of the hazard. If service is terminated pursuant to this section, city may supply user with water from its potable water sources or an alternative reclaimed water system at the then current reclaimed water rate for up to thirty ~30) days; after 30 days and until such time as delivery of reclaimed water is reinstated, user shall pay the potable water rate if potable water is supplied or the reclaimed water rate if an alternative source of reclaimed water is used. (e) In the event the lack of delivery of reclaimed water is the result of an operational fault of city, the rate for the water delivered through the system will be equal to the then current rate for reclaimed water for a period of up to thirty (30) days; thereafter, user shall pay the regular potable rate. If the inability to deliver is beyond the control of city, city shall charge, and user shall pay, the regular potable rate. (f) In the event that OCWD ceases the production and distribution of reclaimed water or in the event that the treatment criteria imposed by any regulatory authority exceeds or differs significantly '~rom those existing as of the date of the execution of the "Reclaimed Water User Agreement" and "Appli- cation for Water Service," city shall supply potable water at the then-established potable water price. City shall incur no liabil- ity to user by reason of the temporary cessation of delivery of reclaimed water or by reason of the termination of such delivery. SECTION 5: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 39-40, which said sec- tion reads as follows: Sec. 39-40. Reclaimed Water; Price of Reclaimed Water The price to be paid by user for all reclaimed tions, including the "Green Acres Project, Project Regulations for the Use of Reclaimed Water," promulgated in the future by OCWD, city, the State of California, federal government relative to the sale, distributi°n, portation, and use of reclaimed water. ORDINANCE NO. NS-~0~5 page four water delivered by city shall be established by resolution of the city council of city subject to the provision of user's "Reclaimed Water User Agreement." SECTION 6: That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 39-41, which said sec- tion reads as follows: Sec. 39-41. Reclaimed Water; Payment for Reclaimed Water Reclaimed water accounts shall be subject to Sec- tion 39-23 of the Santa Ana Municipal Code. SECTION 7: That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 39-42, which said sec- tion reads as follows: Sec._ 39,42. Reclaimed Water; Limitation on Use Reclaimed water deliver, ed from OCwD'S Green Acres Project Facilities has restricted uses.. User shall use reclaimed water only upon ~the property of users and only for thOse uses and purposes provided for in the "Reclaimed Water User Agreement," and which are legally permissible under the laws of the state, the rules and regulations adopted by city, by OCWD, and by all regulatory agencies having jurisdiction, including, but not lim- ited to, the california Regional Water Control Board - Santa Ana Region, and state and local health departments. SECTION 8: That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 39-43, which said sec- tion reads as follows: Sec. 39-43. Reclaimed Water; Rules and Regulations The user Shall comply with all rules and regula- Rules and now and or the trans- SECTION 9: That the Santa Ana Municipal code is hereby amended b~ adding a section, to be numbered 39-44, which said sec- tion reads as follows: Sec. 39-44. Reclaimed Water; Responsibility (a) The city's responsibility for the reclaimed water delivered to user ends at user's side of the meter, or in the case of an unmetered or other special installation, where the ORDINANCE NO. NS- 20~5 Page five city's facilities terminate. Operation, management, maintenance and monitoring with respect to the storage, distribution, and other facilities under the control of user shall be the responsi- bility of user. (b) The user shall allow city and/or OCWD's repre- sentatives to enter user's premises for monitoring, inspecting, sampling, analysis, and observation of user's reclaimed water facilities at all reasonable times. The user, its personnel, agents, etc., shall cooperate with city and/or OCWD in said activities and assist in the performance of operational tests as required. If a determination is made that user's facilities are not in compliance with city and/or OCWD requirements, user shall promptly initiate and diligently pursue to completion, action that will correct the conditions causing the non-compliance. If user shall fail to comply with its obligations specified herein, city may make such repairs, improvements, changes, or undertake such other activities as are necessary to comply with user's ob- ligations at user's expense. Such expense shall be payable to city by user upon demand, or city may discontinue reclaimed water service until such time as user makes appropriate repairs and city inspects the user's system to assure conformance with appli- cable rules and regulations. SECTION 10: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 39-45, which said sec- tion reads as follows: Sec. 39-45. Reclaimed Water; Applicability of Chapter 39 Reclaimed water accounts and service shall be subject to, and shall comply with, all the provisions of Chapter 39 of the Santa Ana Municipal Code, except as specified in Sec- tions 39-36 through 39-46. In the event of conflict between Sec- tions 39-36 through 39-46 and the other portions of Chapter 39, the provisions of Sections 39-36 through 39-46 shall control. SECTION 11: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 39-46, which said sec- tion reads as follows: Sec. 39-46. Reclaimed Water; Agreement to Be Signed Before any reclaimed water service is provided, user shall sign a "Reclaimed Water User Agreement" with the direc- tor of public works of city, who is hereby designated as the agent of city to enter into such Agreements, in addition to filing or obtaining any applications or permits required by Chapter 39. SECTION 12: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any ORDINANCE NO. NS- 20~5 Page six court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the city of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitu- tional. SECTION 13: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 4th day of December , 1989. ATTE T :. Clerk of the C n COUNCILMEMBERS: Young Aye Acosta -~e Griset Absent McGuigan Aye May Aye Norton Aye Pu 1 ldo Aye D~NIEL H.~O~ , Mayor APPROVED AS TO FORM: E~W-A~ 'J ~OPE R City Attorney