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.
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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
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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.
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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
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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
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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
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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.
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(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]
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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
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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
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