Palo Alto Municipal Code Ch. 16.12 Recycled Water

(a) "Dual plumbing" means a system of two sets of water pipes, one for recycled water for toilets and urinals and one for potable water for other interior uses.

(b) "Floortrap priming" means the practice of adding water to traps beneath floor drains to ensure a barrier from sewer gas.

(c) "Identified customers" are entities purchasing water from the city who are adjacent to a recycled water pipeline shown in a Final Palo Alto Recycled Water Project Plan. Identified customers do not include single family residences. (d) "Recycled water" means wastewater treated by the Regional Water Quality Control Plant that meets state requirements for reuse.

(e) "Recycled water permit" means a permit issued by the city manager or his/her designee to allow a customer to use recycled water at its facility.

(f) "Recycled water project area" means a geographical area of the city designated by resolution of city council as an area where recycled water will be served.

(Ord. 5002 § 2, 2008)

All users of recycled water shall comply with the California Department of Public Health regulations contained in Title 17 and Title 22 of the California Code of Regulations, and with the Palo Alto Water Reuse Rules and Regulations for the use of recycled water.

Additional opportunities and/or requirements for adding recycled water infrastructure or nonresidential and multifamily new construction and major renovation projects are described in Chapter 16.14 (California Green Building Code).

(Ord. 5108 § 4, 2010: Ord. 5002 § 2, 2008)

Within the boundaries of any recycled water project area, identified customers who are notified by mail by the city shall use recycled water for irrigation when available. Any such notification shall include the conditions of use, pricing, and construction schedule for the city's recycled water pipeline and the connections to it.

(Ord. 5002 § 2, 2008)

For facilities with existing dual plumbing within the boundaries of any recycled water project area, identified customers shall use recycled water when it is available following notification by mail by the city that a conversion to recycled water for toilet and urinal flushing and floor trap priming purposes is required. Any such notification shall include the conditions of use, pricing, and construction schedule for the city's pipeline and the connections to it.

(Ord. 5002 § 2, 2008)

(a) All applications for land use permits, building permits and other discretionary actions for projects other than single family homes, within the boundaries of any recycled water project area, filed after the adoption of this chapter, shall include the following:

(1) Plans demonstrating that recycled water will be used, when available, for all irrigation.

(2) Consideration of plants suitable for irrigation with recycled water.

(3) The installation of the on-site infrastructure necessary to connect the irrigation system to the city's recycled water supply when it becomes available.

(b) All applications for land use permits, building permits and other discretionary actions for projects other than single family homes, in geographic areas not within the boundaries of a recycled water project area, where the total landscape area exceeds 1,500 square feet, filed after the adoption of this chapter, shall include the following:

(1) Plans demonstrating that recycled water will be used, when available, for all irrigation.

(2) Consideration of plants suitable for irrigation with recycled water.

(3) The installation of on-site infrastructure necessary to connect the site's irrigation system to the city's recycled water supply when it becomes available.

(Ord. 5002 § 2, 2008)

(a) All applications for building permits for new or remodeled buildings or groups of buildings within the boundaries of a recycled water project area, filed after the adoption of this chapter, where the building square footage total, including both the original square footage and any addition, is greater than 10,000 square feet or where installation of twenty-five or more toilets and urinals is proposed, shall incorporate dual plumbing in the design of the facility to allow the use of recycled water, when it becomes available, for flushing toilets and urinals and priming floor traps. Dual plumbing requirements shall not apply to single family homes.

(b) All applications for building permits for new or remodeled buildings or groups of buildings in geographic areas not within the boundaries of a recycled water project area, filed after the adoption of this chapter, where the building square footage total, including both the original square footage and any addition, is greater than 50,000 square feet or where installation of 50 or more toilets and urinals is proposed, shall incorporate dual plumbing in the design of the facility to allow the use of recycled water, when it becomes available, for flushing toilets and urinals and priming floor traps. Dual plumbing requirements shall not apply to single family homes.

(c) When dual plumbing requirements are triggered by remodeling, only those restroom facilities located within the remodel project area shall be required to incorporate dual plumbing.

(Ord. 5510 § 3, 2020: Ord. 5481 § 3, 2019: Ord. 5002 § 2, 2008)

Upon written notification pursuant to §§ 16.12.020 and 16.12.025 that recycled water is available and must be used, the recycled water customer shall obtain a recycled water permit by submitting a recycled water permit application, which shall include plans detailing the recycled and potable water distribution systems at the facility. A city representative shall review the plans and conduct a field inspection before the recycled water permit is issued. The applicant must make any required changes as directed by the city before a recycled water permit may be issued.

(Ord. 5002 § 2, 2008)

The recycled water permit shall specify the requirements for the applicant's use of recycled water based on the water reuse rules and regulations adopted pursuant to § 16.12.015, and shall require compliance with the California Department of Public Health regulations contained in Title 17 and Title 22 of the California Code of Regulations and with any additional requirements specified by the state water resources control board. Recycled water shall not be supplied to a facility until inspection by a city representative determines that the applicant is in compliance with the permit conditions.

(Ord. 5002 § 2, 2008)

An application for an exemption or an adjustment to the requirements of this chapter shall be made to the director of public works or his/her designee. Requests for an exemption or adjustment may be made consistent with state law and shall be based on the finding by the director of public works that the use of recycled water demonstrates an adverse effect to the applicant's landscaping installed prior to the effective date of the ordinance codified herein. The director of public works may also consider any additional factors, including any special costs or hardships which may be created by the use of recycled water. A written determination will be made on all requests for exemptions or adjustments within ten business days and mailed to the applicant. If the exemption or adjustment is not granted, the applicant must fully comply with the requirements of this section.

(Ord. 5002 § 2, 2008)

Denial of any application for an exemption and/or adjustment to the provisions of recycled water use may be appealed to the city manager or his/her designee, whose decision shall be final. An application for appeal shall be filed with the city clerk in writing within ten business days after the director of public works' decision and shall state the specific grounds for the appeal. The city manager or his/her designee shall hear the appeal within sixty calendar days after the appeal has been filed with the city clerk and shall issue a written decision within thirty days.

(Ord. 5002 § 2, 2008)

In addition to existing penalties in state and local law for violation of the provisions of this chapter, the city manager or his/her designee may assess the following penalties, subject to the appeal provisions set forth above:

(a) A water service surcharge of fifty percent of the general water service rate, as set forth in utility rate schedule, for each billing period during which potable water is used for irrigation.

(b) Continued use of potable water for irrigation, after a written warning by the city manager or his/her designee, may result in the discontinuation of water service supplied for irrigation by the city following a noticed hearing. A charge as set forth in the city's administrative fee schedule shall be paid prior to the reactivation or restoration of water service.

(c) Any use of recycled water in a manner contrary to the provisions of this chapter, is hereby declared to be a nuisance and may be abated in the manner provided for the abatement of nuisances in Chapter 9.56 of the Palo Alto Municipal Code.

(Ord. 5002 § 2, 2008)

Representatives of the city and the San Francisco Bay Regional Water Quality Control Board shall be authorized to enter the premises of any recycled water user to carry out inspections and monitoring to assure compliance with this chapter and applicable state of California regulations.

(Ord. 5002 § 2, 2008)

If any provision or clause of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions of this chapter, and clauses of this chapter are declared to be severable.

(Ord. 5002 § 2, 2008)