§ 1204.

IMPLEMENTATION

a.

Development Project. A development project located within the boundaries of a reclaimed water use area designated pursuant to Section 1203(b)(2) of this Article may receive a site permit, building permit, land development authorization, or project authorization pursuant to City Planning Code Sections 320, et seq., only if the appropriate City permit approval or authorization official, as determined by the nature of the action requested by the project developer, determines that:

1.

An exemption has not been granted by the General Manager of the Water Department in accordance with Section 1204(d)(2)(c) of this Article;

2.

The development project provides for the construction and operation of a reclaimed water system and a reclaimed water irrigation system;

3.

The owner or operator of the development project has obtained an appropriate certificate in accordance with Sections 1204(c) or 1204(d) of this Article; and

4.

The development project is in compliance with all applicable City Code Sections providing for the design, installation and construction of all facilities necessary to the operation of a reclaimed water system and/or a reclaimed water irrigation system to serve the potential uses of the property or structure covered by the proposed permit or authorization, as may be further specified in the provisions of this Article, or the provisions of codes and regulations adopted pursuant to or in furtherance of this Article.

b.

Subdivision Approvals.

1.

Parcel Map or Tentative Subdivision Map Conditions. The Director of Public Works shall not approve a tentative subdivision map or a parcel map for any property within the boundaries of the reclaimed water use area map, as provided in Section 1203(b)(2) of this Article, unless a condition is imposed requiring compliance with all applicable City Code Sections providing for the design, installation, construction, or dedication of all public works, public improvements, infrastructure or fixtures necessary to the operation of a reclaimed water distribution system to serve the potential uses of the property covered by the parcel map or tentative subdivision map, as may be further specified in the provisions of this Article, or the provisions of codes and regulations adopted pursuant to or in furtherance of this Article.

2.

Subdivision Regulations. The Director of Public Works shall adopt regulations as necessary, consistent with and in furtherance of this Article, to ensure that all subdividers of property subject to the provisions of this ordinance provide such public improvements as are necessary to serve the subdivided property with reclaimed water from a reclaimed water distribution system.

3.

Final Maps. The Director of Public Works shall not endorse and file a final map for property within the boundaries of a reclaimed water use area without first determining whether:

A.

The subdivider has complied with the conditions imposed on the tentative subdivision map or parcel map, pursuant to this Article, and the ordinances and regulations adopted in furtherance thereof; and

B.

For any such conditions not fully satisfied prior to the recordation of the final map, the subdivider has signed a certificate of agreement and/or improvement agreement, to ensure compliance with such conditions.

4.

This Subsection (b) shall not apply to tentative subdivision maps or parcel maps submitted solely for the purposes of condominium conversion, as defined in San Francisco Subdivision Code Section 1308(d).

c.

Reclaimed Water Use Registration and Issuance of Certificate. Any owner, operator or manager of a development project, or an irrigation system subject to Section 1204(e), located within the boundaries of a reclaimed water use area shall register such development project or irrigation system with the Water Department. The General Manager of the Water Department (or designee) shall issue a certificate of intention to use reclaimed water (“reclaimed water use certificate”) and shall maintain a register of all such development projects and irrigation systems. The Water Department may inspect the operations of reclaimed water systems, reclaimed water irrigation systems and reclaimed water distribution systems to ensure the mandatory use of reclaimed water. The Water Department, acting through its Public Utilities Commission, is authorized to impose and collect fees in its discretion to recover the costs of implementing Sections 1204(c) and (d) of this Article, including costs of documentation processing, issuance of certificate, inspection, consultation with applicants and administration of Sections 1204(c) and (d) of this Article.

d.

Reclaimed Water Use.

1.

Mandatory Use. Reclaimed water shall be used in all reclaimed water systems, reclaimed water distribution systems and reclaimed water irrigation systems required by Sections 1204(a), 1204(b) and 1204(e) of this Article, in a manner and to the extent consistent with all applicable local, State and Federal laws.

2.

Exemptions.

A.

The General Manager may issue a reclaimed water use certificate temporarily exempting compliance with Section 1204(d)(1) if the General Manager determines that reclaimed water is not currently available. If the General Manager makes such a determination, potable water may be supplied on a temporary basis, until the General Manager determines that reclaimed water is available.

B.

Potable or nonpotable water obtained from a subsurface water supply underlying a development project, subdivision or irrigation system subject to this Article may be used for the development project, subdivision or irrigation system if authorized by the General Manager through issuance of an alternative water supply certificate. The certificate may be issued under circumstances where the General Manager has determined that the Water Department will not be using the subsurface water supply for municipal water supply purposes. The General Manager may revoke any such reclaimed water use certificate and require the use of reclaimed water whenever the Water Department determines that the subsurface water supply is necessary for municipal water supply purposes. Revocation of the certificate will be effective one year after receipt of written notice.

C.

The General Manager may issue reclaimed water use certificate exempting certain uses from compliance with Subsections (a), (d)(1), and (e) of Section 1204 under circumstances where the use of reclaimed water is not appropriate. The person or entity requesting such an exemption shall have the burden of demonstrating that the use of reclaimed water is not appropriate for the intended purposes and cannot be made usable by user pretreatment processes or other project modifications.

e.

Irrigation Systems.

1.

New Irrigation Systems. A landscaped area located within the boundaries of a reclaimed water use area and not constructed in conjunction with or as part of a development project subject to Section 1204(a) shall be constructed for the use of reclaimed water and shall comply with the provisions of this Article if it comprises an area of 10,000 square feet or more.

2.

Existing Irrigation Systems.

A.

Irrigation systems using potable water located within a reclaimed water use area shall be converted to use reclaimed water upon a determination by the General Manager (or designee) of the Water Department that reclaimed water is currently available for use. This conversion requirement shall apply to irrigation systems for irrigated property 10,000 square feet or more in size.

B.

The General Manager shall, by written notice, inform the owner of the irrigated property that the irrigation system must be converted to use reclaimed water within 180 days of the date of mailing of the written notice. In the event the property is owned by more than one person or entity, notice to any one such owner is sufficient notice under this Article. The General Manager may provide an extension of the 180- day conversion period, if appropriate.

C.

An owner may file an objection to the required conversion by submitting to the Water Department, by certified mail, return receipt requested, a written statement of the reasons why the irrigation system should not be required to convert to reclaimed water. The written statement will not be considered by the Water Department if it is not received by the Water Department within 60 days of the date the notice was mailed to the owner. The General Manager may rescind the conversion requirement only on the grounds of severe economic hardship or technical infeasibility.

D.

In addition to other penalties provided by this Article or by law, failure to convert the irrigation system to use reclaimed water within the time prescribed in the notice shall be sufficient cause for the Water Department to terminate potable water service to the irrigation system, or in the case of common irrigation and potable water uses, the placement of a flow restrictor on the service line.

f.

Applicability.

1.

Subsections (b), (c), (d) and (e) of this Section of this Article shall be applicable immediately upon the effective date of this Article.

2.

Subsection (a) of this Section of this Article shall not apply to development projects for which a site permit, building permit, or project authorization pursuant to City Planning Code Sections 320, et seq., has been issued within 180 days after the effective date of this Article.

3.

All development projects, except solely residential projects, for which a site permit, building permit, or project authorization pursuant to City Planning Code Sections 320, et seq., is issued more than 180 days after the effective date of this Article shall be in full compliance with this Article.

4.

All development projects, including residential projects, for which a site permit, building permit, or project authorization pursuant to City Planning Code Sections 320, et seq., is issued subsequent to January 1, 2000, shall be in full compliance with this Article.

History

(Added by Ord. 390-91, App. 11/7/91 and Ord. 391-91, App. 11/7/91)

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