Section 15-15-9 Reclaimed Water | Oro Valley Town Code

15-15-9 Reclaimed Water.

1. Purpose and Intent. It is the Town of Oro Valley’s purpose and intent to establish a reclaimed water system and to extend such system to certain areas of the Town of Oro Valley (Town) where the Town Council determines that the extension of such a system is practical. Once such reclaimed water is made available to a property, use of reclaimed water will be required for landscape and grounds irrigation systems and will be permitted and encouraged by the Town for other authorized uses established by the Arizona Department of Environmental Quality. The reclaimed water distribution system will be constructed in sections and phases to provide reclaimed water service to designated areas as determined by the Town Council and pursuant to the terms and conditions set forth herein.

2. Reclaimed Water System Part of Town Water System and Other Definitions. The Reclaimed Water System is a part of the Town’s water system. All provisions of Chapter 15, Water Code, shall apply to the reclaimed water system unless otherwise indicated herein. To this end, the terms water system, water pipe, Town water, waterworks, water service, water distribution system, water, water meters, water mains and other references to the water system contained in Chapter 15 shall be deemed to include and mean portions of the reclaimed water system, unless in conflict with the provisions contained in this Section, or otherwise excluded. For the purpose of this code, the definitions contained in this section shall apply unless otherwise specifically stated.

a. Existing Customer: an existing customer irrigating two (2) or more acres of turf on a property or adjoining properties and the reclaimed water system is within 200 feet of the property or properties, provided legal access is available. The existing customer will be required to extend the reclaimed water system to their point of delivery and use reclaimed water for their irrigation.

b. Existing Customer adding new turf: an existing customer adding new turf to their property or adjoining properties that will create an aggregate turf area of two (2) or more acres will be required to extend the reclaimed water system to their point of delivery and use reclaimed water for their irrigation of the new aggregate area once a working reclaimed water system is available within the Town.

c. New/Existing Customer: a proposed separate development with two (2) or more acres of turf requiring irrigation, regardless of whether the same individual or entity is already receiving reclaimed water at another location, will be required to extend the reclaimed water system to their proposed point of delivery and use reclaimed water for their irrigation once a working reclaimed water system is available within the Town.

2. Cross-Connection means any physical connection or arrangement which would allow the movement of fluids between the potable water system and any other piping system, such as the reclaimed water system.

3. Director means the Director of the Water Utility of the Town or his or her designee.

4. Distribution Mains mean those conduits used to supply reclaimed water to service lines from transmission mains.

5. Department means the Town’s Water Utility Department.

6. End User means the Town’s reclaimed water customer and the actual user of the reclaimed water.

7. Irrigation System means a device or combination of devices having a hose, pipe, or other conduit installed in the landscape which transmits Town water to customer’s lawns, landscapes or green space.

8. Notice of Availability means the Water Utility has formally notified a property owner that reclaimed water is available and their property requires the use of irrigation with reclaimed water for irrigation.

9. Potable Water means water that meets Safe Drinking Water Standards produced by the Town’s water system.

10. Reclaimed Water means water which is distributed through the Town’s reclaimed water distribution system for the express purpose of non-potable uses such as irrigation of turf and landscaping.

11. Reclaimed Water Agent means a person holding a permit issued by the Arizona Department of Environmental Quality to distribute reclaimed water to more than one end user.

12. Reclaimed Water System means all equipment, piping, valves, reservoirs, booster stations and associated hardware and other appurtenances, including meters, from the Customer’s reclaimed water meter back to, and including the reclaimed water production and pumping facility.

13. Reclaimed Water User Agreement means a contract between the customer/end user and the Town’s Water Utility. The agreement describes the responsibilities of the customer and the consequences for failure to comply with the terms of the agreement.

14. Service Line means that conduit for reclaimed water from the distribution main to the property line.

15. Transmission Mains mean those conduits used to supply reclaimed water from the pumping station or treatment plant to the distribution mains.

16. Turf means area covered with grasses that require irrigation.

3. General. Once reclaimed water is available to a property, the property owners shall connect to the reclaimed water system upon submission of a fully executed application as required by the Director, and upon compliance with all other Town requirements. Reclaimed water may be used for irrigation purposes and for other non-potable water purposes in accordance with federal, state and local ordinances, rules, and regulations. If reclaimed water is to be used for any purpose other than land irrigation, the customer shall obtain prior approval of such use from the Director.

4. Mandatory Use of Reclaimed Water for Irrigation Systems Irrigating Two (2.0) or More Acres of Turf. It is unlawful to use potable water for irrigation systems irrigating two (2.0) or more acres of turf 90 days after a property owner or water customer has been notified by the Director that reclaimed water is available to a particular property or site (“Notification of Availability”). If a customer has not been granted a time extension, as provided for in Section 15-15-9.7, and is found to be in violation of this Code requirement, the Director will terminate all irrigation water service to the property in question until connection to the reclaimed water system has been made by the customer.

a. Customers with existing irrigation systems irrigating two (2.0) or more acres of turf: the Director shall provide written notice to the water customer located on that property of the Availability of Reclaimed Water. Customers with existing irrigation systems using potable water who desire to continue to maintain such systems using Town water, must apply for reclaimed water in accordance with the application procedures specified in this Code and must disconnect irrigation systems from the Town’s potable water system and connect to the reclaimed water system within 90 days of written Notification of Availability.

b. Customers or prospective customers with new irrigation systems: All new irrigation systems designed to irrigate two (2.0) or more acres of turf constructed after the effective date of this ordinance must connect to the Town’s reclaimed water system at construction. Connection must be made prior to, or concurrent with connection of other improvements on the property to the Town’s potable water system. In the event the new customer is required to extend the reclaimed water system to the development site to connect its irrigation system, it will be done at the sole expense of the new customer. The new customer will be required to sign a Line Extension Agreement (LEA) per Section 15-12-1 of the Town Code.

6. Reclaimed Water Service Application and User Agreement. Applications for reclaimed water service shall be made and will be accepted in the same manner as applications for water service, subject to the provisions of Chapter 15, WATER CODE. In addition to the application for reclaimed water service, the customer will required to sign a “Reclaimed Water User Agreement.”

7. Request for Time Extension. An existing customer whose property irrigation requirements qualify for reclaimed water may request a one time extension of 60 days, for a total of 150 days from the time of Notification of Availability if a financial hardship or physical condition precludes them from being able to meet the 90 day period, as described in Section 15-15-9.5. The existing customer/property owner must submit a letter to the Water Director requesting the extension and providing documentation that supports and verifies the justification for the extension. If an extension beyond 150 days is required, the existing customer may submit a request to the Mayor and Council for review and consideration, requesting additional time and providing documentation that supports and verifies the reason why 150 days is not adequate time to comply with the requirements of this code.

8. Installation of Lines and Easement Dedications. The Town will be responsible for reclaimed water service lines to the applicant’s property line, provided easements or other access is available to the Town. The applicant shall be responsible for all costs and expenses of installation and maintenance of the reclaimed water line and all appurtenances from their property line on their property. In the event the Town is required to locate the reclaimed water meter or any other part of the Town reclaimed water system on applicant’s property, the applicant shall dedicate land or perpetual easements on, over and through applicant’s land for the reclaimed water transmission and distribution facilities as necessary to provide reclaimed water service to applicant’s property. No reclaimed water lines or other facilities will be installed or accepted by the Town for maintenance unless the lines or facilities are in a dedicated public right-of-way or dedicated public easement. Any new easement shall be adequately sized to accommodate construction and maintenance of the reclaimed water line or system component. No obstruction of any kind shall be planted, built, or otherwise created within the limits of the easement of right-of-way without written permission of the Director. Delays by applicant in granting easements or dedications will result in the loss of potable water for irrigation, if more than ninety (90) days have passed from Notification of Availability and if no good cause is shown for the failure to grant the necessary easements.

9. Meter Requirements. Metering of reclaimed water is mandatory. There will be no exceptions to this requirement. Metering requirements are outlined in Chapter 15, WATER CODE, and in the Water Utility Standard Specifications.

10. Permits. All applicants for reclaimed water, at the applicant’s own cost and expense, shall apply for, obtain and meet all requirements of all necessary permits, licenses, conditions, and approvals for the initial construction and the operation of the on-site reclaimed water facilities and the use of reclaimed water.

11. Authority to Adopt Rules and Regulations. The Town Council may by Ordinance establish reasonable rules and regulations concerning the reclaimed water system and the use of reclaimed water. Additional standard policies and procedures may be adopted concerning the reclaimed water system. Insofar as there is not conflict with the provisions of this Ordinance, Town policies and procedures pertaining to potable water service shall apply.

12. Authority to Adopt Rates, Fees and Charges. The Town Council may by Ordinance, duly adopted after a public hearing, establish rates, fees and charges for the reclaimed water system and provide terms and conditions for the payment and collection of same. After the initial establishment of a reclaimed water rate, and fee or charge for connection to the reclaimed water system, these rates, fees and charges will normally be reviewed and adjusted annually as part of the annual budgeting cycle, as provided in Chapter 15, WATER CODE.

13. Priorities for Extending Reclaimed Water Service. The Town Council will establish priorities for extension of the reclaimed water system, as it does for water system extensions. The Town Council may establish priorities for extension of service outside the utility service boundaries. Provision of reclaimed water service outside the Town limits will be considered on a case-by-case basis and may be time limited to benefit the Town.

a. General. The Town may terminate, discontinue, or suspend reclaimed water service in accordance with Chapter 15 and Town policies and procedures in the event of (i) a violation of this Ordinance or Town regulations, policies or procedures, (ii) failure to pay bills by the due date, (iii) tampering with any utility service, (iv) the existence of plumbing cross-connections with another water source, or (v) any customer condition or action that may be detrimental to the Town’s potable water system or its reclaimed water system. The Town may, at its option, suspend service until the condition is corrected and all costs due the Town are paid. These costs may include delinquent billings, connection charges, and payment for any damages caused to the potable or reclaimed water systems. The details of the Town’s procedures for discontinuing service are found in Chapter 15, WATER CODE of the Town’s Code of Ordinances and in appropriate Town policies and procedures.

b. Cross Connection Control. There shall be no cross connections between the reclaimed water system on a customer’s property and the Town potable water system. In all premises where reclaimed water service is provided, the public or private potable water supply shall be protected by an approved cross connection control plan. The plan for cross connection control must be submitted with the application for reclaimed water service and must receive the prior approval of the Director. In the event a cross connection is found, the cross connection shall be immediately disconnected, and the reclaimed water service will be suspended. Before reconnection of the reclaimed water service, the public potable water system shall be protected against the possibility of future cross connections to the Director’s satisfaction. Additional protection against cross connection may be required as specified by the Director at the customer’s expense before reclaimed water service is resumed.

c. Right of Entry. The Director or representative may enter any premises to determine the presence of any cross connections or other potential hazards to the Town potable water system. Each customer of reclaimed water service shall, by completing the reclaimed water application, give written consent to such entry upon the customer’s premises.

15. Service Interruption. The Town reserves the right to temporarily discontinue service to any portion or all of the reclaimed water system as deemed necessary by the Director. In addition, the Director shall have the authority to establish schedules which restrict the use of reclaimed water at certain times in order to reduce maximum pressure demands on the system and to regulate usage during periods of limited reclaimed water availability.

16. Maintenance by Customer. The property owner and/or customer shall be responsible for the maintenance of all reclaimed water lines and appurtenances within the customer’s property, unless the meter was, of necessity, located beyond the customer’s property line, in which case the customer shall be responsible for all reclaimed water lines and appurtenances beyond the meter. The Town reserves the right to disconnect the service to any property when the reclaimed water system and appurtenances are not properly maintained. In addition, should the customer require reclaimed water at different pressures, or different quality, or in any way different from that normally supplied by the Town, the customer shall be responsible for the necessary devices to make adjustments and for obtaining approval by the Director.

17. Conservation of Water Resources. It is the policy of the Town to wisely use natural resources. In addition to all other conservation measures contained in this Chapter the Town may terminate, suspend or discontinue reclaimed water service if customer usage of reclaimed water varies substantially from the overall loading rates outlined in the customer’s application for service.

18. Right to Refuse Service. The Town makes no guarantees that reclaimed water service will be provided, or, once provided, continued. The Town may and from time to time, refuse to extend or suspend or terminate service on the basis of a use detrimental to the system, an inadequate supply of reclaimed water, the failure to pay required fees, or for any other reason which, in the judgment of the Director, will cause the provision of service to not be of benefit to the Town.

19. Ownership by Town. In accordance with Chapter 15, WATER CODE, all reclaimed water facilities and appurtenances within dedicated public easements when constructed or accepted by the Town, shall become and remain the property of the Town. No person shall by payment of any charges provided herein, or by causing any construction of facilities accepted by the Town, acquire any interest or right in any of these facilities or any portion thereof, other than the privilege of having their property connected thereto for reclaimed water service in accordance with this Ordinance and any amendments thereof.

20. Priority. As to the provision of reclaimed water service, in the event of a conflict with the provisions of any other Town Ordinance, the provisions of this Code shall take priority.

21. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Code is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. ((O)03-31, 10/01/2003)