HomeMy WebLinkAboutORDINANCES - 04161991 - 91-24 7
ORDINANCE NO. 91-24
(Urgency Ordinance Requiring Construction Use of Recycled Water
for Dust Control , Compaction and Related Operations)
The Contra Costa County Board of Supervisors ordains as follows:
CONSTRUCTION USE OF RECYCLED WATER
SECTION I. GENERAL.
1. 1 Intent and Findings.
(a) To this ordinance's adoption date, 1991 has been classified as
a fifth consecutive drought year, and water supplied are extremely limited. All
communities within Contra Costa County and the State of California are required
to ration water supplies and use. It now appears that this drought and rationing
will probably continue into the winter of 1991-92.
(b) Recent rains (March 1991) may result in lessening of drought-
related water rationing requirements, in some areas of this County. The East
Bay Municipal Utility District is currently (April 1991) evaluating the level
of rationing required. The Contra Costa Water District receives 100% of its
allocation from the Federal Bureau of Reclamation, which has cut supplies to the
water district by 50%. This figure is not anticipated to change, as the Bureau
intends to use recent precipitation for carryover reservoir storage.
(c) The use of high quality, potentially potable water is not
necessary for construction uses and operations.
(d) Recycled water is available from many sanitary and sanitation
districts, and would :not present a health or safety hazard for construction use,
if used in accordance with State Department of Health Services and Regional Water
Quality Control Board standards and any applicable county regulations.
(e) The Contra Costa Water District estimates a potable water savings
of 450,000 gallons per day if recycled water is used for construction. The East
Bay Municipal Utility District estimates that an average of 274,000 gallons per
day of potable water could be saved within their service district which also
includes portions of.Alameda County) by the use of recycled water.
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1.2 Urgency Declaration.
In view of the above facts, findings and circumstances, it is no longer
feasible to allow drought-limited amounts of potentially potable water supplies
to be used for construction purposes, when recycled water is available. This
Board finds that the continued use of potable water for construction operations
and purposes. in the unincorporated areas during this drought period constitutes
a current and immediate threat to the public health, safety and welfare.
Further, it is in the public interest for this ordinance to take effect
immediately, pursuant to Government Code § 25123 and Elections Code § 3751, in
order to preserve a significant amount of potable water sources for public use
during this drought period.
1.3 Regulations. The Board of Supervisors may adopt by resolution
regulations for the implementation and administration of this ordinance,
including procedures and policies.
SECTION II. DEFINITIONS.
2.1 General . The definitions in this section and in the Contra Costa
County Ordinance Code governed the construction of this ordinance, unless the
context otherwise requires. -In the case of any conflict between the definitions
of this ordinance and the Ordinance Code, this ordinance's definitions shall
prevail.
2.2 Recycled (Reclaimed) Water is water which, as a result of treatment
of waste water, meets all 'applicable requirements established by the Regional
Water Quality Control Board and the Department of Health Services governing the
use of reclaimed water and is suitable for appropriate and approved non-potable
uses.
2.3 Potable Water is water which conforms to applicable federal , state
and local agency standards for human consumption.
2.4 Untreated Water is water that is not treated, and therefore may not
meet potable water standards; and includes (for example) untreated surface water.
2.5 Construction Site is an area in which construction activities (i.e. ,
dust control , soil compaction) will take place.
2.6 Construction, Construction_ Uses or Activities is any improvement,
building and/or related activities for which Contra Costa County Ordinance Code
requires the obtaining of a permit, approval, review or inspection.
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SECTION III APPLICATION AND REQUIREMENTS.
3. 1 Application. Except as provided otherwise in this ordinance, in the
unincorporated area `of this county construction activities (including dust
control and soil compaction) shall use recycled water and conform to the
. requirement of this ordinance.
3.2 Well Water. Well water may be used for construction when it is
available on or near the construction site.
3.3 Untreated' and Potable Water. Untreated or potable water supplies
shall only be used for construction activities when all other options have been
exhausted and only with the specified express approval of the water district or
local water public agency having jurisdiction for and providing such untreated
or potable water supplies and service.
3.4 Use Exceptions.
(a) Minimum Use. Construction activities which use less than 500
gallons per day (gpd)lare not required to conform to the terms of this ordinance.
Construction operations which use less than 500 gpd are strongly encouraged to
use recycled water to the extent that it is economically feasible.
(b) Necessity. Upon application, the county's director of building
inspection may in writing for a project approve the construction use of untreated
or potable water where he/she is satisfied such use is necessary or required to
meet applicable building standards, codes or other regulations for completion
and/or safety. The reason for any such exception granted to this ordinance's
requirements shall be specified in the involved written approval.
3.5 Priority of Water Use.
(a) Recycled Water Available. Recycled water will be supplied (if
available) by the water district or local waste water agency (sanitary or
sanitation district,` etc. ) which encompasses the construction site, or other
local public water or waste water agency source located within ten (10) miles
of the involved construction site.
(b) Not Available. If recycled water is not available as provided
in subsection (a of ;Jthis section and well water cannot be used, application may
be made to the involved water district for untreated or potable water use for
construction activities. Untreated and/or potable water may be used only with
the involved water district's permission and in accordance with the said
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district's policies and regulations, but not if the involved water district. finds
recycled water is available and can be supplied as defined in this ordinance.
3.6 Transportation and On-site Recycled dater Use.
Recycled water which remains on-site shall be clearly labeled, as required
by the State Department of Health Services and the Regional Water Quality Control
Board having jurisdiction, and shall not be accessible for purposes other than '
approved construction activities. At all times, use and transport of recycled
water shall be in accordance with the State Department of Health Standards and
the involved Regional Water Quality Control Board regulations for reclaimed water
use.
3.7 Conditions and Inspections.
(a) Community Development. The community development department
shall recommend to the planning agency the conditioning of entitlement
development approvals to require the use of recycled use as provided by this
ordinance.
(b) Building Inspection., The building inspection department shall
check for construction site recycled water use in accordance with this ordinance
as part of all routine otherwise required site inspections.
(c) Public Works. The public works department's ha 11 require recycled
water use in accordance with this ordinance in connection with all public
construction projects for which it has administrative responsibility and shall
check for such use as part of those projects' otherwise required inspections.
SECTION IV. VIOLATIONS: PUNISHMENT.
4.1 Infraction. A violation of this ordinance is an infraction and
punishable, upon conviction, for each and every separate offense, in accordance
with the provisions of chapter 1408 of the County Ordinance Code.
4.2 Permits. Failure to comply with this ordinance is a violation of law .
which the county's building inspector may consider pursuant to County Ordinance
Code § 72-6.023 in connection with the withholding, issuance or reinstatement
of permits.
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SECTION V. ENVIRONMENTAL ASSESSMENT.
5.1 CEQA. Pursuant to section 15061 of the State and County CEQA
Guidelines, the Board finds and declares that this ordinance is exempt from CEQA
for the following reasons:
(a) This ordinance is not a *project" within the meaning os section
15378 of the CEQA Guidelines, :-because the ordinance itself has no potential for
resulting in a physical change in the environment. The purpose of this ordinance
is to regulate, for an interim period, the use of water during a drought.
(b} This ordinance is categorically exempt from CEQA under section
15308 of the CEQA Guidelines. This ordinance is a regulatory action taken by
the County in the exercise of its constitutional and statutory authority to
assure the maintenance and provision of adequate water for domestic and
construction use during an extended period of drought.
(c) This ordinance is covered by the general rule that CEQA applies
only to projects which have the potential for causing a significant effect on
the environment. For the reasons set forth in subparagraphs (a) and (b) of this
subsections it can be seen with certainty, and the Board finds, that there is
no possibility that, this ordinance will have a significant effect on the
environment; therefore, this ordinance is not subject to CEQA.
5.2 Notice of .Exemption. The community development director is directed
to file a notice of exemption for this ordinance, in accordance with the
provisions of section 15062 of the State CEQA Guidelines.
SECTION VI. SEVERABILITY. This Board declares that, if the urgency nature of
this ordinance is invalidated, it intends the remainder of this ordinance to
remain valid and effective and that it would have passed the remainder of this
ordinance even without the urgency provisions. Therefore, the Board directs that
this -ordinance be treated and published, effective and operative, as both an
urgency and a non-urgency ordinance as provided in SECTION VII.
SECTION VII. EFFECTIVE. OPERATIVE AND TERMINATION DATES.
7.1 Effective and Operative Dates. As an urgency ordinance, this
ordinance becomes effective and operative immediately on introduction and
passage. If a court ;holds it to be a non-urgency ordinance, it becomes effective
30 days after passage (on second reading), and within 15 days of passage shall
be published once with the names of supervisors voting for and against it in
the Contra Costa Times ,a newspaper published in this County.
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7.2 Termination. This ordinance shall terminate and be of no further
force and effect on the date this Board determines by resolution that the current
drought situation is sufficiently mitigated or on April 30, 1992, whichever first
occurs.
PASSED on April 16, 1991 by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers
NOES: None
ABSENT: None
ABSTAIN.. None V
ATTEST: PHIL BATCHELOR, Clerk I/ �
of the Board of Supervisors Board Chair
and County Administrator
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f �
By �=� v/�( � [SEAL]
Deputy
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(4-15-91)
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ORDINANCE NO. 91-24