It is necessary for the health, safety, and welfare of the residents of the city to regulate the treatment and application of reclaimed wastewater to provide for maximum public benefit. This chapter sets forth uniform requirements for applicators of the city's reclaimed wastewater, and enables applicators and the city to comply with all applicable state regulations. (Ord. 1549 §1, 2001)

This chapter applies to the direct reuse of reclaimed wastewater for landscape irrigation. It also applies to use of reclaimed wastewater for landscape irrigation which is blended with or contains non-potable surface or ground water. Landscape irrigation means irrigation of areas, grass, trees, and other vegetation that are accessible to the public including, but not limited to, parks, greenbelts, golf courses, and common areas at apartment, townhouse, commercial/business parks, and other similar complexes. (Ord. 1549 §1, 2001)

It is the policy of the city and the water reclamation enterprise to comply with the "Reclaimed Domestic Wastewater Control Regulation," Regulation #84 (5 CCR1002-84) as promulgated by the Colorado Water Quality Commission. Such regulations apply to the city as provider and user of reclaimed wastewater for landscape irrigation. The city determines that all requirements and provisions of Regulation #84 shall apply to any applicator of the city's reclaimed wastewater, whether applicator's contract was prior to the adoption of Regulation #84 or such contract is entered into following adoption of this chapter. (Ord. 1549 §1, 2001)

It is the policy of the city and the water reclamation enterprise to make reclaimed wastewater available for property within the city, subject to Regulation #84 and subject to the capacity of the facilities to produce reclaimed wastewater. The use of reclaimed wastewater will require separate contracts between the city and each entity desiring reclaimed wastewater, including a contract between the city and the water reclamation enterprise. Since the availability of reclaimed wastewater is limited, contractual allocations which are available shall be governed by the availability of reclaimed wastewater and the relative costs associated with such deliveries. Regulation #84 does not allow a reclaimed wastewater allocation to be available for individual homeowners' lots. (Ord. 1549 §1, 2001)

It shall be unlawful to make a service connection to the city's reclaimed wastewater system without a specific contract for reclaimed wastewater with the city. In addition to having a specific contract for reclaimed wastewater with the city, applicators of the city's reclaimed wastewater shall comply with all requirements contained in Regulation #84 and cooperate with the city in its efforts to comply with Regulation #84. (Ord. 1549 §1, 2001)

For all reclaimed wastewater contracts following adoption of this chapter, the connection fee for reclaimed wastewater service shall be at the rate of fifty percent of the then-current potable license fee as prescribed in section 13-02-020 of the Broomfield Municipal Code. (Ord. 1549 §1, 2001)

(A) For all reclaimed wastewater contracts following adoption of this chapter, the flat monthly and consumption charges for reclaimed wastewater service shall be at the rate of fifty percent of the monthly water service charges and the flat monthly charge as prescribed in subsection 13-12-010 (B) (1) and (2) of the Broomfield Municipal Code. Bills for the monthly reclaimed wastewater charges shall be submitted by the city and shall be paid by the reclaimed wastewater applicators monthly.

(B) In any calendar year, the applicator shall not be entitled to receive more reclaimed wastewater than provided in the applicator's specific contract for reclaimed wastewater. Should an applicator receive more than the amount of reclaimed wastewater that is set forth in the specific contract, that applicator shall pay a surcharge based on ten times the normal reclaimed wastewater charge per 1,000 gallons for the excess water in each calendar year. (Ord. 1549 §1, 2001)

The city will use every reasonable means to furnish a continuous supply of reclaimed wastewater from its system. However, the city is not a guarantor of reclaimed wastewater supply or availability. In order to protect the health, safety, and general welfare of the public, the city may limit the use of reclaimed wastewater in times of reclaimed wastewater shortage or drought. (Ord. 1549 §1, 2001)

If a reclaimed wastewater applicator fails to comply with all of the provisions of this chapter, its contract for reclaimed wastewater, or the Reclaimed Domestic Wastewater regulations referenced in section 13-32-030, the city may, among other remedies, terminate reclaimed wastewater service to the violating applicator. Pursuant to Regulation #84.5 (A)(4), the city must have authority to terminate service if an applicator fails to comply with the requirements of Regulation #84. If reclaimed wastewater service is terminated under this section, the city shall not be liable for any reimbursements to the violating applicator for prior payments to the city of any kind, including reclaimed wastewater connection fees paid to the city under contract. (Ord. 1549 §1, 2001)

(A) Any violation of Regulation #84 shall be reported to the city and the Colorado Water Quality Control Division not later than thirty days after becoming aware of the violation.

(B) All violations by an applicator shall be summarized in the Annual Report required under Regulation #84.

(C) The following violations shall be reported orally to the city and the Colorado Water Quality Control Division within twenty-four hours of becoming aware of the violation and shall be followed up with a written report to the city and the Colorado Water Quality Control Division within five days:

(1) Any discharge to surface waters;

(2) A cross connection without a backflow prevention device; and

(3) Irrigation outside of the area approved in the Notice of Authorization. (Ord. 1549 §1, 2001)