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Use Agreement with Wal-Mart Store #5841-00 for DEQ Recycled Water UseRECYCLED WATER USE AGREEMENT This Recycled Water Use Agreement (this "Agreement") made the I4 day of October 2014, by and between Wal-Mart Stores, Inc., a Delaware corporation hereinafter referred to as "User," and City of Meridian, a municipal corporation, hereinafter referred to as "City." RECITALS A. Municipalities that typically discharge wastewater to the lower basin of the Boise River have been required by the Idaho Department of Environmental Quality ("DEQ") to reduce the discharge of nutrients to the lower basin of the Boise River. As a partial response, City identified as one of City's environmentally -responsible Comprehensive Plan goals, City's expansion of the use of recycled water throughout City. City has worked to implement City's Comprehensive Plan goal by establishing a state-of-the-art wastewater treatment and water reclamation facility. B. City became the first city in Idaho to which DEQ issued a Municipal Wastewater Reuse Permit, identified as that certain Municipal Wastewater Reuse Permit No. LA - 000215 -02 (the "Permit"). The Permit allows City to use City's recycled water and allows City to contract with other parties for the use of City's recycled water. C. City is now using recycled water, instead of irrigation water or potable water, on several City parks and open spaces and City is expanding the use of recycled water to private property owners. This land application option for Class A effluent will continue to conserve a significant amount of ground water and reduce City's discharge flows into the Boise River. D. City has constructed and operates a delivery system capable of delivering to User recycled water meeting the quality standards set forth herein. E. User intends to construct and operate an onsite private recycled water system in connection with landscape irrigation for the property described on Exhibit A, attached hereto and made a part hereof (the "Property"). F. User has read and understands the Reclaimed Water Users Manual, attached hereto as Exhibit B, and made a part hereof (the "Manual"), and agrees to follow best management practices and guidelines outlined in the Manual. In the event of any conflict between the Manual and this Agreement, this Agreement shall control. RECYCLED WATER USE AGREEMENT - 1 S:\Docs\Wal-Mart Stores Inc\ID-Meridian (NW) #5841-00 TC#2007-57960\AGR\Recycled Water Use Agreement (final).DOC AGREEMENT NOW THEREFORE, for and in consideration of the recitals above which are incorporated below, the mutual covenants set forth herein, as well as in consideration of continued receipt of recycled water and in further consideration of such other values as may inure to City and User from the delivery and use of recycled water, City hereby agrees to deliver and User hereby agrees to receive recycled water on the following terms and conditions. 1. No Charge for Recycled Water. The cost to be paid by User for recycled water delivered by City as provided further herein shall be $0.00 (zero dollars); provided, however, notwithstanding anything to the contrary herein, City may, in the future, determine to charge all users of recycled water, including User. In the event that City determines to charge a commodity rate for recycled water, City shall propose a fee schedule for recycled water to be adopted as an amendment to Meridian City Code. City shall provide notice to User of such amendment as provided further in Section 20(a) below. In the event that City adopts a commodity rate for recycled water, Meridian City Code policies on late fees, delinquencies and turning on water after turnoff for nonpayment for potable water users shall be enforced as to User in connection with recycled water. In the event that City adopts a commodity rate for recycled water, User may unilaterally terminate this agreement with 60 days' notice to City and User shall forfeit all commodity charges paid by User up to the date of such termination. In lieu of an amendment to Meridian City Code adopting a commodity rate affecting all users of recycled water, City and User may agree to amend this Agreement, as provided further in Section 20(c) below, to include a commodity charge specific to User. 2. Quality Standards. The recycled water delivered by City to User shall meet or exceed DEQ standards set for Class A Municipal Water. User shall not be obligated to accept recycled water from City that does not meet this standard. 3. Point of Delivery. City shall deliver the recycled water to that point of delivery depicted on the site plan of the Property, attached hereto as Exhibit C and made a part hereof. 4. Place of Use. Recycled water delivered under this Agreement shall be used only on the Property. 5. Use. The recycled water delivered pursuant to this Agreement shall be used solely for the following purpose: landscape irrigation. No other use shall be permitted to be made of the recycled water. 6. Backflow Prevention. If a non -potable or potable, supplemental irrigation source is interconnected with City's recycled water system, a backflow prevention mechanism or RECYCLED WATER USE AGREEMENT - 2 S:\Docs\Wal-Mart Stores Inc\ID-Meridian (NW) #5841-00 TC#2007-57960\AGR\Recycled Water Use Agreement (final).DOC assembly shall be installed to prevent any discharge of recycled water into the supplement irrigation source. All backflow prevention mechanisms and/or assemblies shall be approved by City and/or DEQ prior to installation, and tested on an annual basis. User is responsible for the maintenance and annual testing of all such backflow prevention mechanisms and/or assemblies. Connection of the recycled water system to a potable water system is discouraged, and User is encouraged to use potable water for landscape irrigation only when City is unable to deliver recycled water. City shall use all good faith efforts to notify User within 1 day of City's inability to deliver to User recycled water and the reason therefore. 7. Metering. User shall install a meter to record the quantity of recycled water delivered to the Property. The meter shall meet standard City specifications and shall be accessible to City. 8. Quantit . City shall deliver to the Property the amount used monthly at the Property as identified by User. Annually, on or before the anniversary date of this Agreement using the notice procedure found in Paragraph 20(a) below, User shall provide City with a schedule of delivery indicating the quantity of recycled water to be delivered each month in the following year, subject to the terms and conditions of this Agreement. User may modify this schedule by providing 24 -hours written notice to City that User is unable to accept the scheduled delivery or requires an additional quantity of recycled water. In the event of a shortage of recycled water available for delivery to the recycled water users in City, priority in delivery shall be given to users based on the date of their Recycled Water Use Agreement, with the earlier agreements having priority over later agreements for the delivery of recycled water. 9. Compliance with Regulations. User agrees to comply, at User's sole cost and expense, with all state, federal and local laws, regulations and standards, as now exist, or are later lawfully enacted, relating to the use of recycled water after City's delivery of recycled water to the Property. City agrees to comply, at its sole cost and expense, with all state, federal and local laws, regulations and standards, as now exist, or are later lawfully enacted, relating to the recycled water system and the treatment, delivery and use of recycled water prior to City's delivery of recycled water to the Property. Such laws, regulations, and standards may include, but are not limited to: requirements and restrictions governing use of the recycled water; limits on recycled water contact with employees, guests, members of the public and adjoining properties; control of access to the recycled water, the recycled water system, and the area of recycled water storage and use; and warning signs on the delivery system and the area of use. User shall install signs on the Property in connection with use of the recycled water for landscape irrigation at the Property in the approximate locations and signage text depicted on Exhibit D, attached hereto and made a part hereof. 10. Commencement of Service. User agrees to give City 15 days' notice prior to the initiation of service. RECYCLED WATER USE AGREEMENT - 3 S:\Docs\Wal-Mart Stores Inc\ID-Meridian (NW) #5841-00 TC#2007-57960\AGR\Recycled Water Use Agreement (final).DOC 11. Term. The term of this Agreement shall be coterminous with the term of the Permit and any renewal or replacement thereof. City shall notify User within 30 days of City's receipt of a notice from DEQ that the Permit will be terminated or not renewed. 12. Resale of Recycled Water; Further Reuse. User shall not resell recycled water delivered by City under this Agreement. 13. Approval. The parties hereto acknowledge that, under existing and proposed recycled water reuse regulations, this Agreement has been approved substantially as to form by DEQ. The parties hereby agree to modify this Agreement in writing to the extent that such amendment is reasonably necessary in order to comply with DEQ requirements or regulations promulgated by DEQ. 14. Inspection. User acknowledges and agrees that in order to verify compliance with this Agreement or with applicable laws and regulations, City, State, County or other agencies with appropriate jurisdiction may inspect the recycled water system at the Property at a reasonable time annually (except in emergency situations) and with notice to User using the notice procedure found in Paragraph 20(a) below. 15. Construction Approvals. User specifically acknowledges that it has the responsibility to inform, notify, and/or request inspection and approvals from various agencies, including City, DEQ, and City's Building Department, for certain activities relating to the construction, maintenance, and operation of User's recycled water system on the Property, including, but not limited to: materials; construction; facility testing; violations; and emergency situations. On February 3, 2014, User received from City construction approvals in connection with the recycled water system to be constructed on the Property. 16. Termination. Subject to the provisions of Paragraphs 19 and 20(a) below, this Agreement may be terminated by City if User fails to comply with any provisions of the Manual (as modified by this Agreement), or violates any provision of this Agreement. Subject to the provisions of Paragraphs 19 and 20(a) below, this Agreement may be terminated by User if City fails to comply with the Permit, or violates any provision of the Manual or this Agreement. Further, User may terminate this Agreement if the purpose(s) for the use of recycled water, as described in Paragraph 5 above, no longer exist, or if City adopts a commodity rate for recycled water as described in Paragraph 1, above. This Agreement may be terminated by City upon 180 days' notice to User if changes in DEQ permitting requirements make City's continued operation of City's recycled water system a non-viable disposal option for City's wastewater treatment plant discharges. 17. Amendments to Reclaimed Water Users' Manual. Amendments to the Manual shall amend or modify any provision of this Agreement solely to the extent such amendment to the Manual is necessary in order to comply with DEQ requirements or regulations promulgated by DEQ. City shall notify User within 10 days of receipt of a RECYCLED WATER USE AGREEMENT - 4 S:\Docs\Wal-Mart Stores Inc\ID-Meridian (NW) #5841-00 TC#2007-57960\AGR\Recycled Water Use Agreement (flnal).DOC notice from DEQ that an amendment to the Manual is required. User shall have the right, but not the obligation, to comment on any such amendment. User shall have 60 days to comply with such amendment or discontinue the use of recycled water. 18. Mutual Cooperation. City and User shall mutually cooperate and expeditiously perform all acts necessary or appropriate to discharge all obligations contained in or contemplated by this Agreement, and with respect to any other matters that may arise in connection with the Property and/or the recycled water and recycled water system not reasonably foreseeable by User or City as of the date of this Agreement. 19. Default: (a) Cure. In the event of a default of this Agreement, the parties agree that the defaulting party shall have 30 days after delivery of notice of such default to correct the same prior to the non -defaulting party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such 30 day period, if the defaulting party shall commence to cure the same within such 30 day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within which such may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. (b) Mediation. In the event a disagreement or dispute arises between User and City related to this Agreement, either User or City may demand mediation in Meridian, Idaho ("Requesting Party") and shall give written notice to that effect to the other party ("Responding Party"). Requesting Party and Responding Party shall jointly appoint an acceptable mediator within 30 calendar days of the date the notice of mediation is sent to Responding Party. A mediator cannot impose a binding decision. The parties must agree before any settlement or agreement is binding. The parties will share equally in the cost and expense of such mediation. The parties' requirement to mediate such disagreement or dispute shall terminate in the event the entire disagreement or dispute is not resolved within 60 calendar days from the date the notice of mediation is sent to Responding Party, unless otherwise agreed by the parties. Upon termination of the requirement to mediate, as provided above, either party may avail itself of any legal or equitable remedy available to it under Idaho law. Nothing in this Section shall prohibit either party from filing a lawsuit against the other party to preserve any claim or to seek any emergency injunctive relief in the court system pending the mediation. 20. Miscellaneous. (a) Notices. Any notice required to be given hereunder shall be in writing and shall be deemed effectively given: (a) upon personal delivery to the party to be notified; (b) when sent by confirmed electronic mail or facsimile if sent during normal business hours of the recipient; if not, then on the next business day; (c) 4 days after having been sent by prepaid registered or certified mail; or (d) 1 day after deposit with a nationally RECYCLED WATER USE AGREEMENT - 5 S:\Docs\Wal-Mart Stores InOID-Meridian (NW) #5841-00 TC#2007-57960\AGR\Recycled Water Use Agreement (rinal).DOC recognized overnight courier, specifying next day delivery, with written verification of receipt. All communications shall be to the respective parties to this Agreement at the following addresses: City of Meridian Wal-Mart Real Estate Business 33 E. Broadway Trust Meridian, ID 83642 Sam M. Walton Development 208-888-4218 (facsimile) Complex 2001 S.E. 10th Street, Attn: Public Works Director Mail Stop 5570 Bentonville, Arkansas 72716-5570 479-277-5991 (facsimile) With a copy to: With a copy to: William L.M. Nary PACLAND City Attorney 606 Columbia Street NW Suite 106 City of Meridian Olympia, WA 98501 703 N. Main Street 360-786-5267 (facsimile) Meridian, ID 83642 208-884-8723 (facsimile) With a copy to JoAnn C. Butler Spink Butler, LLP P.O. Box 639 Boise, ID 83701 208-388-1001 (facsimile) (b) Time is of the Essence. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the party so failing to perform. (c) Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions and understandings between User and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between User and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. (d) Binding Mon Successors, This Agreement shall be binding upon and inure to the benefit of the parties' respective successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This RECYCLED WATER USE AGREEMENT - 6 S:\Docs\Wal-Mart Stores Inc\ID-Meridian (NW) #5841-00 TC#2007-57960\AGR\Recycled Water Use Agreement (final).DOC Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. (e) Invalid Provisions. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. (f) Compatibility. This Agreement is intended to be supplemental to all other local, City, State and Federal Code requirements, rules and regulations, and is established to assure compatibility of the resulting land use with the surrounding area. Provided, however, that to the extent this Agreement conflicts with any provision of the Meridian City Code, other than a future duly adopted Amendment to Meridian City Code in connection with a commodity rate for recycled water, this Agreement shall prevail to the extent permitted by law. (g) Relationship of the Parties. It is hereby specifically understood and acknowledged that development of the Property is a private project and that neither City nor User will be deemed to be the agent of the other for any purpose whatsoever. (h) Excusable Non -Performance. In the event of an Act of God, natural catastrophe, war, civil insurrection, accidents, acts of governmental or judicial bodies other than City, or any unexpected occurrences beyond the control of either party which shall materially interfere with the ability of City to deliver recycled water to User, or the ability of User to accept, transmit or distribute recycled water, the failure of either party to perform its obligation under this Agreement shall be excused so long as the condition interfering with performance continues. The maintenance and operation of City's sewerage system and of the Meridian Wastewater Treatment Plant shall be solely within the discretion of City; and in the event City discontinues the treatment plant operation and the treatment plant is not replaced by another plant, all obligations of either party to perform shall cease without prejudice to any claimed or asserted rights of either party existing prior to the execution of this Agreement. (i) Attorneys' Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, court costs and reasonable attorneys' fees shall be determined and awarded by a Court of competent jurisdiction as allowed by law This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 0) Remedies Cumulative. All remedies herein are cumulative and, to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole discretion of City and/or User. RECYCLED WATER USE AGREEMENT - 7 S:\Docs\Wal-Mart Stores Inc\ID-Meridian (NW) #5841-00 TC#2007-57960\AGR\Recycled Water Use Agreement (final).DOC (k) Governing Law. This Agreement shall be governed by the laws of the State of Idaho. The venue for any action arising out of this Agreement shall be exclusively in the District Court of the 4th Judicial District of the State of Idaho, Ada County, or in the United States District Court for the District of Idaho. (1) Waiver. Waiver by City or User of any breach of any term, covenant or condition shall not be deemed to be a waiver of that term, covenant or condition on any subsequent breach of such term, covenant or condition or any other term, covenant or condition. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or User unless the waiver is in writing by City or User. (m) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [end of text; signature pages follow] RECYCLED WATER USE AGREEMENT - 8 S:\Docs\Wal-Mart Stores Inc\ID-Meridian (NW) #5841-00 TC#2007-57960\AGR\Recycled Water Use Agreement (final).DOC IN WITNESS WHEREOF, the parties hereto have duly approved and executed this Recycled Water Use Agreement as of the date first written above. City of Meridian, a municipal corporation Mayor Ta y e Weer - Attest. ity Schedule of Exhibits: l USER: Wal-Mart Stores, Inc., a Delaware corporation By: A -0, LyUk— Its: F t Exhibit A Legal Description of the Property Exhibit B Reclaimed Water Users Manual Exhibit C Site Plan Depicting Point of Delivery Exhibit D Recycled Water Signage Text and Location RECYCLED WATER USE AGREEMENT - 9 S:\Docs\Wal-Mart Stores Inc\ID-Meridian (NW) 45541-00 TC1i2007-57960\AGR\Recycled Water Use Agreement (linal).DOC EXHIBIT A Legal Description of the Property EXHIBIT A LEGAL DESCRIPTION A PARCEL BEING LOCATED IN THE S % OF THE BE 'V4 OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A BRASS CAP MONUMENT MARKING THE SOUTHEAST CORNER OF SAID SECTION 27, FROM WHICH A 5/8 INCH DIAMETER IRON PIN MARKING THE SOUTHWEST CORNER OF SAID SE % BEARS N 88°56'28" W A DISTANCE OF 2654.67 FEET; THENCE N 88°56'28" W ALONG THE SOUTHERLY BOUNDARY OF SAID SE %A DISTANCE OF 89.75 FEET TO A POINT; THENCE LEAVING SAID SOUTHERLY BOUNDARY N 1°03'32" E A DISTANCE OF 36.00 FEET TO THE POINT OF BEGINNING; THENCE N 88"56'28" W ALONG THE NORTHERLY RIGHT-OF-WAY OF W. MCMILLLAN ROAD, SAID RIGHT-OF-WAY BEING 36.00 FEET NORTHERLY OF AND PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID BE Y,, A DISTANCE OF 867.21 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY N 44°59'59" W A DISTANCE OF 33.37 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE A DISTANCE OF 43,07 FEET ALONG THE ARC OF A 143.00 FOOT RADIUS NON - TANGENT CURVE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 17°15'30' AND A LONG CHORD BEARING N 2°29'54" W A DISTANCE OF 42.91 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE A DISTANCE OF 47.42 FEET ALONG THE ARC OF A 326.50 FOOT RADIUS CURVE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 8°1915" AND A LONG CHORD BEARING N 1°5941" E A DISTANCE OF 47.37 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE A DISTANCE OF 157.10 FEET ALONG THE ARC OF A 457.00 FOOT RADIUS CURVE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 19"41'4r AND A LONG CHORD BEARING N 12°00'40" W A DISTANCE OF 156.33 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE N 21"51'34" W A DISTANCE OF 81.30 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE A DISTANCE OF 129.20 FEET ALONG THE ARC OF A 323.00 FOOT RADIUS CURVE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 22"55'06" AND A LONG CHORD BEARING N 10"24'01" W A DISTANCE OF 128.34 FEETTO A 5/8 INCH DIAMETER IRON PIN; THENCE N 1'03'32'E A DISTANCE OF 588.00 FEET TO A 5/8 INCH DIAMETER IRON PIN; EXHIBIT A - 1 THENCE A DISTANCE OF 163.78 FEET ALONG THE ARC OF A 307.00 FOOT RADIUS CURVE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 30°34'01- AND A LONG CHORD BEARING N 14°13'28' W A DISTANCE OF 161.85 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 88°56'28" E A DISTANCE OF 434.84 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 0°49'13" W A DISTANCE OF 112.27 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 89°15'21° E A DISTANCE OF 622.75 FEET TO A 5/8 INCH DIAMETER IRON PIN ON THE WESTERLY RIGHT-OF-WAY OF N. TEN MILE RD; THENCE S 0°21'14" W ALONG SAID RIGHT-OF-WAY BEING 46.00 FEET WESTERLY OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID SE%A DISTANCE OF 867.98 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 7°11'51" W ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 100.72 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 0°21'14° W ALONG SAID RIGHT-OF-WAY BEING 58.00 FEET WESTERLY OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID SE % A DISTANCE OF 84.76 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 33°15'26" W ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 57.62 FEET TO THE POINT OF BEGINNING. EXHIBIT A - 2 EXHIBIT B RECLAIMED WATER USERS MANUAL Background The City has taken a pro -active approach to the wise use of its water resources. This includes the goal of 80% reuse of its reclaimed water by 2030. This will be accomplished by direct use for irrigation, industrial non -potable uses and/or other reuse practices. In accordance with this goal, the City's Wastewater Treatment Plant produces Class A water, satisfactory for reuse, and the City has obtained a Water Reuse Permit from the Idaho Department of Environmental Quality (DEQ). Intent The intent of this manual is to present the technical, contractual and regulatory requirements necessary for the safe use of reclaimed water. This manual also gives guidelines and procedures specific to the use of this water for irrigation. Specific guidelines for the non -irrigation use, of this water are not addressed in this manual and will be handled on a case by case basis. REGULATORY Within the State of Idaho, the reuse of reclaimed water for any purpose is regulated by the Idaho Department of Environmental Quality (DEQ). The purpose of regulating the use of reclaimed water is to protect public health and the environment. The following site operation procedures are required by DEQ when reclaimed water is used for landscape irrigation. Safe Personnel working in and about the reuse site shall be informed that reclaimed water is being used and shall take appropriate safety precautions. Adequate supervision and training shall be provided to ensure that all users of the system are aware of and understand the requirements of this permit and applicable DEQ requirements. Irrigation Plan Irrigation shall not create ponding or standing water and nuisance conditions. In order to avoid these problems, as well as any runoff issues that (discussed later in this section), irrigation rates should match the consumptive rate of the turf or other plants being irrigated as closely as possible. This is referred to as "agronomic" irrigation, and ensures that plants receive enough water to maintain healthy growth and appearance, without creating any operational issues, such as ponding or runoff of irrigation water. Similarly, agronomic irrigation is generally restricted to the "growing season" (i.e., generally March 15th through October 31st of each year), when plants are actively using irrigation water. -i- EXHIBIT B - 1 2. Irrigation shall be limited to such times of the day as to preclude direct contact of the spray with users of the facility. 3. The operator of an irrigation system shall not allow public drinking fountains, potable water hose bibbs, public use facilities and private residences to be exposed to wetting mist from the sprinklers C. Storage Requirements A reclaimed water holding pond, lake, or other containment may exist on reuse sites. These containments shall be lined to eliminate seepage/percolation. d. Runoff Control 1. Any reuse site shall comply with the City's Runoff Management Plan. 2. Irrigation with reclaimed water shall not be conducted during heavy or persistent precipitation events that are likely to result in runoff events. 3. Reclaimed water shall not be allowed to run off any reuse site during periods of application. e. Public Information Practices Signs reading "CAUTION: RECLAIMED WATER, DO NOT DRINK" shall be prominently displayed on the premises of each reuse site in the following locations: 1. At all logical points of entry to the reuse sites; 2. At all entrances to all lakes, ponds, and impoundments, and at 500 -foot intervals around such facilities. If there is no fence, signs shall be located at a minimum on each side of the facility or at minimum two hundred fifty (250) foot intervals or at all accessible points. 3. At all plumbing outlets (i.e. hose bibbs, etc.). Golf Course score cards shall include information about reclaimed water. Homeowners adjacent to golf courses and common areas must be informed of the use of reclaimed water. Notice within a Homeowners Association letter, or billing statements can be used to fulfill this requirement when applicable. Prospective buyers shall be notified upon sale/resale of property. Dust Control -2- EXHIBIT B - 2 Dust control with reclaimed water shall be performed by operators trained in the potential hazards involved with reclaimed water. All spraying with reclaimed water shall be done in a manner that prevents overspray or drift, runoff, excessive ponding, or nuisance conditions. Appropriate signs shall be displayed. Cross -Connection Control and Enaineedrici Plans Each future reuse site which currently uses drinking water for irrigation shall perform a dye test that demonstrates to the satisfaction of the City of Meridian that no cross -connections exist. This test shall be performed prior to the delivery of reclaimed water to the reuse site. This requirement does not apply to reuse facilities designed and constructed specifically to use reclaimed water. A color coding system shall be used on all new piping and outlets to prevent any accidental cross -connection between the potable and reclaimed water. Schematic plans for the location of sprinkler heads, valves, backflow devices, and any other ancillary equipment shall be provided to the City of Meridian Engineering Department for review prior to delivery of water. These plans shall be available in the project file for each reuse site. Portable Water Coolers Portable water coolers provided for drinking water on reuse sites (i.e. golf courses) shall be removed prior to sprinkler irrigation in the evening. Drinking water coolers shall be serviced in an appropriate kitchen. The responsibility for ensuring that the regulations are met will be shared by the City's Wastewater/Reclaimed Water Department (City) and the reclaimed water users. To ensure compliance with these regulations, the construction of these systems will be inspected by an authorized representative of the City. It is the City's responsibility to maintain a reuse permit with the DEQ and ensure that the reclaimed water is of a suitable quality for the irrigation of open -access landscaped areas. The City also has the responsibility to maintain and operate the offsite reclaimed water distribution system that delivers the reclaimed water to the users' onsite reuse systems. In addition, the City will conduct the required monitoring program to protect public health and the environment, including monitoring of the quantity and quality of the reclaimed water being delivered. The City of Meridian's responsibility is to ensure that the user operates and manages its reuse site and facilities in conformance with regulatory requirements for the safe use of reclaimed water. The user may expect periodic inspections of the ongoing reuse site operations by the City. The user is required to report all violations, emergency situations, and appropriate corrective measures to the City. -3- EXHIBIT B - 3 It will be the responsibility of the individual reclaimed water users to ensure that their own private reclaimed water system meets all of the onsite requirements. Each user shall execute an agreement with the City to install the proper facilities and to maintain and operate the site in compliance with applicable laws, regulations, and contractual provisions CITY RECLAIMED WATER USE POLICY Potential Reclaimed Water Users The anticipated users of reclaimed water for open access landscape irrigation are the owners and operators of. 1. Golf Courses 2. Parks/Greenbelts 3. Cemeteries 4. Lakes 5. School Grounds/Athletic Fields 6. Churches Reclaimed water may also be used by car washes and industry (including agriculture). Such use will be considered on a case by case basis. Reclaimed Water Policy The City recognizes reclaimed water as a dependable supply source that will enable the City to conserve potable water supplies. It is the policy of the City to whenever possible, incorporate the use of reclaimed water. The City will work actively to provide service to users that can be practically and economically served by the reclaimed water system. The City's reclaimed water distribution system is continuously pressurized. System pressure is typically near 60 psi which may require the end user to install infrastructure if higher pressures are needed. _Meterinn The reclaimed water user is responsible for the installation of a meter(s) that meets the requirements of a water meter in the most recent version of the City of Meridian Standard Specifications and Drawings to record the quantity of water delivered to its site. City staff shall have unobstructed access to the meter(s) for accuracy inspections and to determine the amount of water delivered to the site. Meter boxes shall have raised lettering on the lid indicating "reclaimed water'. PricinalBillin_n The price and any assessments of reclaimed water will be outlined in the Meridian City Code in the future. In the interim the price and any assessments will be set by the Memorandum of Agreement. The price structure and 4 - EXHIBIT B - 4 assessments may be amended by City Council. The City of Meridian shall not be held liable for damage to any person or property by reason of stoppage or other interruption of the reclaimed water supply, caused by scarcity of water, lack of pressure, accident to works or mains, alterations, additions, or repairs or from other unavoidable causes. Meridian City Code policies on late fees, delinquencies and turning on water after turnoff for nonpayment for potable water users (Sections 9-1-20, 9-1-21, and 9-1- 22) will be enforced to reclaimed water users. Distribution Svstem Operation Deliveries of reclaimed water must be scheduled and the end user must take delivery of the quantity of water requested. All requested quantifies must be based on the estimated, agronomic irrigation requirement of the turf and other plants present on the irrigation site. If necessary, it is the user's responsibility to further pressurize the water for the intended use. If operationally feasible, the City will try to accommodate delivery requests outside of normal delivery schedule. Resale or further reuse of Reclaimed Water The resale or further reuse of reclaimed water is not permitted and shall result in termination of the Reclaimed Water Use Agreement. Emergency Situations If an emergency situation occurs that places a reclaimed water user in violation of the requirements of this manual the user shall immediately verbally notify the City's Wastewater Department ((208) 888-2191) and the wastewater superintendent ((208) 409-9891). The nature of the problem, all pertinent information relating to the problem, and the course of action to bring the site into compliance will be discussed. After assessing the problem, the City may discontinue the delivery of reclaimed water to the site until the problem is solved. Written notice of the problem together with all pertinent information and the solution to the problem will be transmitted to the City within one (1) working day. When an emergency situation occurs, the user shall immediately take steps to at least temporarily alleviate the effect(s) of the problem. If the problem cannot be immediately corrected, the user's entire reclaimed water irrigation system must be turned off until it can be safely and legally returned to service. Containment Structures All containment structures (lakes, ponds, etc.) must be lined to prevent seepage. Seepage testing of the liner integrity shall be conducted and submitted to DEQ for review and approval. The impoundment cannot be put into service until it has passed a seepage rate test and is approved by DEQ. -5- EXHIBIT B - 5 The containment structure must have backflow prevention, sufficient to protect the reclaimed water supply. If a supplemental irrigation water source is connected to the impoundment, it must also have backflow prevention, sufficient to prevent any intermingling of reclaimed water with the irrigation source. All backflow prevention mechanisms or devices shall be approved by the City and/or DEQ, prior to installation. APPLICATION TO USE RECLAIMED WATER Application Form Preparation (Refer to Section XXXX of the DEQ Rules) Each site owner desiring to use reclaimed water must submit an application to the City. The required information includes: a. Name, address and telephone number of the end user b. Legal description of each reuse site, including latitude and longitude coordinates c. Description of each direct reuse activity, including: i. Type of vegetation ii. Acreage d. Annual volume to be delivered, based on estimated agronomic uptake rates for the site e. A copy of the signed Reclaimed Water Users Agreement Application Evaluation The City will evaluate the application and determine the feasibility of delivering reclaimed water to the site for the use(s) indicated. City staff will visit the proposed site with the applicant as part of the application review process. If the site is to be converted from a potable or other irrigation water supply to reclaimed water, City staff will require that the existing delivery system be operated so that it can be determined if ponding and/or over -spraying occurs. If the project is feasible, the City will instruct the applicant to prepare plans and specifications in accordance with this manual, for review and approval. If the project is an existing project, the City will review the existing record (as -built) plans as part of the application process to ensure safety and compatibility in changing water supply sources. After City approval of the plans and specifications IDEQ reserves the right to review and approve the plans and specifications prior to any construction or alterations occurring, Concurrent with the preparation of plans and specifications, the City will execute a user agreement with the applicant. This user agreement will go into effect upon successful construction, inspection and approval of the project by the City and, as necessary, IDEQ. -6- EXHIBIT B - 6 UserAomement The DEQ regulations require that the owner or producer of reclaimed water enter into an enforceable contract with any user to whom reclaimed water is delivered for reuse. A form of agreement is included in Appendix A; the general terms and conditions of the agreement are discussed in this section. The purpose of the user agreement is to state the requirements of reclaimed water use and define the responsibilities of the City and the user. No reclaimed water shall be resold to another party or delivered to another party for reuse. The general terms of the agreement will state the agreed upon price, place of use, point of delivery, and date of commencement of service of the reclaimed water. The agreement also stipulates that al[ construction, maintenance, metering, and operation of the private reclaimed water system on the user's premises, including potable system backflow prevention and service connection, will be at the user's expense. If a special pipeline is required to deliver reclaimed water to the site, it will be provided at the user's expense. The City shall treat and disinfect the reclaimed water to the level required by the DEQ regulations for Class A reclaimed water. To ensure the maintenance of this high quality reclaimed water, the City is required to monitor the reclaimed water. This monitoring program consists of regular sampling with chemical and biological analyses to determine the quality of the reclaimed water following treatment and disinfection. THE USER MUST RECEIVE AND APPLY THE RECLAIMED WATER AND MANAGE THE SITE IN ACCORDANCE WITH ALL REGULATORY AND CONTRACTUAL REQUIREMENTS. FAILURE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS FOR REUSE OF RECLAIMED WATER SHALL RESULT IN TERMINATION OF THE USER AGREEMENT. It is important for the user to understand that, while the use of reclaimed water is beneficial in many respects and is safe to use, care must be taken to protect public health and the environment. This is the reason for the special regulatory requirements. To ensure that these requirements are observed, the City, and DEQ are authorized by law and contract to inspect the initial construction or conversion and, periodically, the ongoing operation of the onsite reclaimed water system. PREPARATION OF CONSTRUCTION PLANS Construction Plan Submittal Requirements The user shall submit construction plans prepared by a registered engineer to the City showing existing and/or new facilities to be used for distributing, controlling, _7_ EXHIBIT B - 7 and applying reclaimed water on the proposed site. These plans shall be drawn to scale and shall also include all potable water lines and facilities, buildings, and other improvements, proposed reclaimed water use areas, and contiguous areas not intended for reclaimed water use and the use(s) that these areas will have. The plans shall be accompanied by the necessary applicable specifications, both of which will show the methods and procedures to be used for constructing the required facilities in conformance with regulatory and contractual requirements and with the City's standard specifications. Some of the general requirements for private reclaimed water systems are presented in the following sections. As -Built (Record) Plan and Operations and Maintenance Manual Submittal Requirements The user shall submit as -built (record) construction plans to the City and DEQ showing prior -existing and new facilities to be used for distributing, controlling, and applying reclaimed water to the site. These plans must be drawn to scale and accurately dimensioned to indicate the as -built location of all facilities. The City's copy of the as -built (record) plans shall be submitted on a CD and 24" x 36" (4 ml) archival quality paper. All as -built (record) plans shall contain the following statement, stamped and signed by a registered Engineer: "As -Built measurements as shown or noted hereon were made by myself or under my supervision and are correct to the best of my knowledge and belief." Operations and maintenance manuals for the systems will be kept onsite at all times, and shall be made available to City or DEQ staff upon request. Construction Materials and Procedures To effect the safe onsite use of reclaimed water, and to satisfy the requirements of its use, certain facilities must be installed onsite. The acceptable materials and procedures for construction of these facilities will be defined by the City. Standard details, materials and workmanship specifications, including requirements for separation from other utilities, are included in the City's standard specifications, which will be made available by the City. This is to ensure that adequate protection of public health is maintained by requiring the use of proven materials and procedures, and to simplify the efforts of the users i planning, designing, and installing the reclaimed water system. The user must determine the specific data required by the City to be placed on plans and drawings for reclaimed water systems. All installations of onsite reclaimed water systems shall be inspected and approved by the City and by DEQ, if required. GENERAL RECLAIMED WATER SYSTEM REQUIREMENTS -8- EXHIBIT B - 8 Backflow Prevention The reclaimed water user shall be responsible to prevent contaminants from entering other water systems. This responsibility begins at the users reclaimed water meter connection and includes all reclaimed water piping on the premises. All water service connections to a site where reclaimed water is used shall be equipped with a reduced -pressure -principle backflow prevention device, approved by the City, to prevent backflow into the other water systems. After the user has installed the device, the City will test it at the user's expense; the user will be responsible for its ongoing maintenance. The required annual testing of the device shall be performed in conformance with the City's requirements. Cross -Connection Control No cross connection between the reclaimed water and potable water lines will be permitted. It is the responsibility of the user to ensure proper cross -connection control, and it must be verified by the user and the City. For new developments, it can be verified by review of the construction drawings and inspection of the construction by the City. For existing developments where conversion of the irrigation system to the reclaimed water source is necessary, all connections to the irrigation system shall be located and physically disconnected. Record (as - built) drawings can be used to locate these connections. In every case where reclaimed water is used on a site, the new or converted system shall be tested for cross -connection control after construction or conversion is completed, and tested periodically thereafter as requested by the City. The testing procedure is discussed in a later section of this manual. Test results shall be provided to the City. Valves and Controllers No unauthorized use of the reclaimed water system is to occur. All valves on the reclaimed water system shall be secure from unauthorized use. The valves shall be keyed to be operable by special tools that are available only to authorized personnel. All reclaimed water systems must have a master cutoff valve located near the reclaimed water service connection. All main line valves shall use an approved water service valve box from the most current version of the City of Meridian Standard Specifications and Drawings with a square frame and cover with the words "Reclaimed Water" in raised letters on the cover. If automatic irrigation controllers are used, a drawing of the area served by the controller shall be sealed in plastic and placed in the controller box. The controller box shall be keyed so that only authorized user personnel have access to the controller. -9- EXHIBIT B - 9 Irrigation System The irrigation system is typically designed to apply the peak moisture demand of the vegetation on the site. To minimize ponding or runoff, the reclaimed water shall be applied at a rate that does not exceed the infiltration rate of the soil. If the site has an existing system that will be converted to reclaimed water, and ponding or runoff is a problem, alterations to the system, such as different sprinklers nozzles or a change in operating pressure, may be required. Evidence that soil infiltration capacity and water application rates have been assessed shall be included in the facilities design and on the construction drawings. System Identification All reclaimed water system facilities shall be identified by the color code and marking system specified in the IDEA reuse rules to differentiate it from the potable water system. For new developments or system extensions on existing developments, all new subsurface piping and fixtures shall be marked as specified by the IDEA Reuse Rules. Also, all subsurface piping and fixtures exposed and/or modified during conversion of an existing potable water irrigation system to a reclaimed water system must be marked in the same manner. All above -ground parts of the reclaimed water system, including valves, backflow prevention devices, valve boxes and covers, controllers, piping, and hose bibs or other outlets, shall be painted in accordance with the IDEQ Reuse Rules. Design Protection of Certain Facilities Drinking fountains on the sites shall be protected from overspray of reclaimed water. On new developments, and where relocation is feasible for existing developments, protection may be best accomplished by placement of the drinking fountain out of the irrigated area. Over -spraying on any outside area where food is prepared or eaten must be avoided to the best extent practicable. Also, precluding over -spraying on buildings where food is commonly prepared and/or eaten is advisable. Public Notification The general public using the sites shall be informed that reclaimed water is used for irrigation of the site. Caution signs reading "IRRIGATION WITH RECLAIMED WATER, DO NOT DRINK" shall be prominently displayed throughout the premises. For golf courses, a similar warning shall be included on the score cards. It is of particular importance to place the caution signs around any above- ground or in -ground reclaimed water reservoir. The purpose and intent of properly notifying the public is to ensure that the reclaimed water is not misused. INSTALLATION AND STARTUP OF RECLAIMED WATER SYSTEM -10- EXHIBIT B - 10 Following the approval of the project by the City for use of reclaimed water, approval of plans and specifications, receipt of any and all necessary building and/or use permits from appropriate City and/or other agencies, and the execution of the user agreement, the user may install the necessary facilities. All construction materials and procedures shall meet the most current version of the City's standard specifications and drawings. Inspections During Construction The site shall be open to representatives of the City and DEQ for inspection during installation of the facilities. The user shall notify the City, and the other agencies as they require, at critical points during installation as defined and requested by the City. These critical points shall include, but are not limited to, the following: • Construction Materials --When materials are delivered to the site • Backflow Prevention --After the device has been installed and is ready for testing • Cross -Connection Control --When points of disconnection are open and permanent disconnection has been made, and when cross -connection testing is to be performed • Valves --After valve installation while excavations are still open • Controllers --After installation and before system startup • Irrigation System --After marking has been completed and while all excavations are still open • System Identification --After marking has been completed and while all excavations are still open System Startup and Required Testin_a After all of the site development activities have been completed and approved, the appropriate signs notifying the public that reclaimed water is being used on the site must be installed and inspected and approved by the City. After the user has installed the backflow prevention device on the potable water service line(s), the City will test the device and, when acceptable, will allow connection of the reclaimed water source to the irrigation system. The system is then ready for testing. Three critical tests of the system are required: • The backflow prevention device • Cross -connection control EXHIBIT B - 11 • Ponding, runoff, and over -spraying The testing will be observed by the City and IDEQ (if they choose). Itis the responsibility of the user to make arrangements for inspection and testing. Cross -Connection Control Testin Following the testing of the backflow prevention device, testing for cross connection shall be conducted. A dye test is an accepted method of testing. For such a test, the potable water system would be closed at the service connection(s) and one or more potable outlets on the premises would be opened. The reclaimed water system would then be turned on, and an innocuous dye would be introduced into the operating system. Over a period of several hours, the opened potable water outlets would be monitored for appearance of water containing the dye. If the dye appears, there is a cross connection. If the cross connection cannot be found and severed, either the potable water or the reclaimed water system on the site shall be completely replaced. The cross -connection test shall be repeated each time a system change is made following a positive dye test. Periodic tests may be required by the City. All tests are the responsibility of the user and the results of the tests shall be provided to the City. Ponding Runoff and Over -spraying Testing After the backflow prevention device and the cross -connections control testing has been completed and approved by the City, the irrigation system will be activated to initiate application of reclaimed water. Observations for ponding, runoff, and/ or over -spraying on unintended -use areas will be made. If excessive ponding or runoff occurs, the system shall be changed to irrigate for a shorter duration and/or more frequent application periods. This may be effective because the water intake rate of the soil is greater during the early portion of the application period. A change in the application rate by changing sprinkler nozzle size or altering the operating pressure may also be effective. If over -spraying on unintended -use areas is observed, it shall be necessary to change the system or its operation to eliminate the over -spraying. These changes may include relocation of certain sprinkler heads, readjusting the part - circle sprinklers, not irrigating during windy periods, or a combination of these measures. RECLAIMED WATER SYSTEM SITE OPERATION When onsite development and startup and testing have been completed and approved by the City and, as necessary, IDEQ, the site is ready for normal ongoing operation, and the applicant may begin delivery of reclaimed water -12- EXHIBIT B - 12 under the previously executed agreement. Each user must understand the need for special handling of the reclaimed water and accept the responsibility to maintain and operate the private reclaimed water system in accordance with the regulatory and contractual requirements, in a manner that protects the health and safety of all persons visiting, occupying, and/or using the site. The user can expect, and shall permit, the City and DEQ to visit the site periodically to monitor the site operations. Each user must have a designated irrigation manager who shall be completely familiar with the reclaimed water use requirements and the "Operation and Maintenance Manual" for the user's system. This manager shall be responsible for coordination with the City and for managing and training user's employees involved in irrigating with reclaimed water. it is critical that the user's irrigation personnel be completely familiar with the special requirements of using reclaimed water. All reclaimed water facilities shall be inspected by responsible user management during operation to be assured that the requirements of the Operations and Maintenance Manual and the City's Reclaimed Water User's Manual are being continually met. -13- EXHIBIT B - 13 EXHIBIT C Site Plan Depicting Point of Delivery _ N ' Ile �mmu E�� @ $ €s>� A €9a m a s aIP Bw s0 1 55 gI RiNgI $ n O�.F,.{Sq.s O m �'`��$sg Rage �gvq:s B L < i R s R r=xe 'n D m gq 4 R SIIGps a>Rss.. any �S g VIsim �+ A €.�R r n j e: a A a BRA R €R � > gkk gg s m r w x c s &" g '� �R9 k HE ��_¢¢ BCCs v Z 8� gad a �� � $ (!! D =' . 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TEN MILE RD. _epAS o UTILITY PLAN °"'mom =W Fom— EXHIBIT C - 1 EXHIBIT D Recycled Water Signage Text and Location -� C )����oQ @• ¢ di, e3 ��u,5SQb1mgb bR a�b3x D@QQEa1Q98�qq G �pyy= a - R $ p g• @�tiaQ2 :•9 list °R Ra ,i da �r�QQ Q ag �pg MA �aQs A pbQ�iul gey �P6o y� 'a iz 9 n x p b till Q 8 PAM s- r^T I=Z7 -, twuuoeerruMA I' I STMAWATER I KOM� AREA I y 0 9Tom #5841-00 a �t•r hmaar HUNi •N 6LE AD. ON PLAN EXHIBIT D - 1 {, = €ides,Ci ayy! EXHIBIT D - 2