Title
Approval of Ordinance Amending OMC 13.24, Reclaimed Water
Recommended Action
Committee Recommendation:
The Utility Advisory Committee, Land Use and Environment Committee, and Planning Commission support this amendment and the related change to OMC 4.44.040, Compliance Agreement.
City Manager Recommendation:
Move to approve on second reading amendments to the Reclaimed Water Ordinance, OMC 13.24.
Report
Issue:
Whether to adopt the proposed amendments to OMC 13.24, Reclaimed Water. [The change to the Compliance Agreement ordinance is a separate action.]
Staff Contact:
Donna Buxton, Reclaimed Water Senior Program Specialist, Public Works Water Resources, 360.753.8793
Presenter(s):
None - Consent Calendar item
Background and Analysis:
[Same Background and Analysis as 1st Reading]
The current Reclaimed Water Ordinance OMC 13.24 was adopted in 2005 when reclaimed water was first generated by LOTT Clean Water Alliance and provided to reclaimed water customers by the City. At that time, reclaimed water was used only by LOTT (in the treatment plant) and for outdoor irrigation. The ordinance established a rate for irrigation only; no other fees or charges were specified. Also, the ordinance language was fashioned after the then-current Water Ordinance (OMC 13.04) given the similarity of the two water distribution systems.
Over the last 5 years, reclaimed water has expanded to include indoor use such as toilet flushing and indoor heating/cooling. The proposed code amendments to the 2005 Reclaimed Water Ordinance will now more clearly address indoor use and parallel the current, recently updated Water Ordinance. The 2005 Reclaimed Water Ordinance was significantly reorganized to make it more consistent with the Water Ordinance and easier to reference. Therefore, we replaced the ordinance entirely with the proposed amendments. A version showing all the changes to the 2005 language is not available for review.
The more substantive proposed code amendments include:
· Updated language to provide consistency with the drinking water cross-connection control requirements to protect the public from direct exposure to reclaimed water.
· Clarifying metering requirements to allow for more types of reclaimed water uses.
· Allowing reclaimed water customers to provide reclaimed water to their tenants/renters.
· Prohibiting reclaimed water use outside City limits.
· Establishing reclaimed water system construction and service charges and rates for indoor use.
Neighborhood/Community Interests (if known):
In 2011 and 2013, staff informed reclaimed water customers, the business community, neighboring jurisdictions, LOTT Clean Water Alliance, and the Squaxin Island Tribe about the proposed code amendments. Staff received a few responses, all of which supported the amendments.
Options:
1. Move to approve on second reading the amendments to the Reclaimed Water Ordinance, OMC 13.24.
The amendments clarify the rules and regulations governing reclaimed water use and address policies associated with fees, charges, and rates.
2. Recommend staff to modify or further develop the proposed code amendments prior to the second reading on November 4.
This would result in implementing the current ordinance which does not address all reclaimed water uses, nor include fees, charges, and rates. We estimate needing approximately one year to work with stakeholders, re-write language, and adopt the revised amendments.
3. Retain the current versions of the Reclaimed Water Ordinance (OMC 13.24) and the Compliance Agreement (OMC 4.44.040).
The current Reclaimed Water Ordinance does not fully or clearly address current reclaimed water use nor does it include fees, charges, and rates to cover the City's cost of providing this service.
Financial Impact:
The City can implement the proposed code amendments with existing staff resources; there is no need for additional Utility funds. The amendments include new fees, rates, and charges to cover the City's cost of providing reclaimed water service which are being recommended through the annual utility rate adjustment process.