It is the policy of the town of Moraga to encourage the use of recycled water determined to be available pursuant to Section 13350 of the Water Code within the designated water reuse areas wherever there is not an alternative higher or better use for the recycled water, and its use is economically justified, financially and technically feasible, and consistent with legal requirements and the preservation of public health, safety, welfare and environment.

(Ord. 196 § 2 (part), 2003)

The purpose of this chapter is to comply with Government Code Section 65605, to establish procedures for cooperation with public water and wastewater agencies within Contra Costa County and the town of Moraga in the development of water reuse projects, and to encourage installation of water reuse projects by reviewing each proposal for development submitted to the town of Moraga and determining if there are any potential uses that can be met appropriately with recycled water instead of potable water should the proposed development be located within a water reuse area.

Recycled water in the state of California is not intended for use by private single-family homeowners, but may be used in residential developments with a homeowners' association that is responsible for maintaining common areas, commercial businesses and offices, industry, educational institutions, golf courses, parks and greenbelts.

(Ord. 196 § 2 (part), 2003)

For the purposes of this chapter, the following terms shall have the meaning given in this section:

"Development" means any development project greater than five acres in size within a water reuse area for which an entitlement application has been filed with the town or any proposed industrial, commercial or residential subdivision located within a water reuse area for which a tentative map or parcel map is required pursuant to Section 66426 of the Government Code.

"Dual plumbing system" means a system that utilizes separate piping systems for recycled water and potable water. The recycled water system shall serve non-potable uses, such as plumbing outlets in a commercial office building or the common areas of a subdivision, including, but not limited to golf courses, greenbelts, landscaped streets and landscaped medians and shall be independent of the plumbing system provided to serve domestic, residential and other potable uses.

"Non-potable water" means water which is unsuitable for human consumption, such as groundwater and other subsurface or surface water which may be used for a beneficial purpose in compliance with applicable local, state and federal laws defining standards for non-potable water uses.

"Potable water" means water which conforms to federal, state and local agency standards for human consumption.

"Recycled water" means water which, as a result of treatment, is suitable for direct beneficial use or controlled use that would not otherwise occur.

"Water reuse areas" mean precise geographic areas designated by the local water or wastewater public agency having jurisdiction to provide and/or control water service as having a dependable supply of recycled water available or where the feasibility of distributing a recycled water supply has been determined and water reuse projects are required by the applicable agency. The town of Moraga planning department shall retain a copy of a map of the designated water reuse areas within the town.

(Ord. 196 § 2 (part), 2003)

A.

This section shall govern the review of applications for developments within the water reuse areas. The town of Moraga may require the use of recycled water and the installation of separate dedicated meter(s) and dual plumbing systems as a condition of approval of a development. In addition, an applicant for a development may propose the use of recycled water.

B.

Duty to Review. The planning director shall review each application for development within a water reuse area and consult with the local water or wastewater agency for a recommendation on possible water reuse requirements.

C.

Recommendation. The local water or wastewater agency may recommend the use of recycled water by responding in writing to the town of Moraga planning department within thirty (30) days of consultation with the planning director in accordance with Section 8.152.040(B).

D.

Requirement for Recycled Water. In its determination of possible water reuse requirements as a condition of approval, the town will consider the recommendation of the local water or wastewater agency and other factors, including but not limited to:

1.

Whether the local water or wastewater agency will assume responsibility for financing and installing the recycled water distribution system, the pumping plants, any storage reservoirs and all similar infrastructure up to the point where the system enters a property, which is in most cases the meter;

2.

Whether the recycled water is of adequate quality in adequate quantity, available at a reasonable cost, and not harmful to public health, plant life, fish, wildlife or environmental resources, as mandated by the California Water Code in order to be acceptable for use in landscaping;

3.

Whether the recycled water meets the California Department of Health Services standards concerning acceptable water treatment levels and uses of recycled water to ensure the protection of public health;

4.

Whether the use of recycled water would violate the town of Moraga's storm water permit;

5.

Whether recycled water customers will receive the benefit of exemption from the four percent seismic improvement program surcharge placed on potable water supplies; and,

6.

Whether, in the event of drought, recycled water will be rationed, and a drought surcharge placed on recycled water supplies.

E.

Alternatives. As an alternative to the use of recycled water for landscaping, an applicant may submit landscaping plans to the town of Moraga planning department that have been certified by a consulting landscape architect as being completely drought resistant and requiring no irrigation.

F.

Duty to Install and Maintain. If the town allows or requires the use of recycled water and the installation of a dual plumbing system or the applicant installs drought-resistant landscaping in lieu of such a requirement, the required system and/or landscaping shall be installed prior to final approval of the development. In addition, the required system and/or landscaping shall be maintained in accordance with approved plans.

(Ord. 196 § 2 (part), 2003)

In the event that the water reuse areas are located within the service area of a private utility, as defined in Section 1502 of the Public Utilities Code, or a public agency retail water supplier that is not a local agency, as defined in Government Code Section 65603(b), recycled water service shall not commence except in accordance with a written agreement between the recycled water producer and the private utility or public agency retail water supplier, which agreement shall be made available in a timely manner by the recycled water producer to the town.

(Ord. 196 § 2 (part), 2003)