Agenda packet — Atwater City Council, March 14, 2022 (part 4 of 4)

Consumer Confidence Report Page 2 of 7
SWS CCR Form Revised February 2019
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.

Contaminants that may be present in source water include:
 Microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.  Inorganic contaminants, such as salts and metals, that can be naturally-occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.  Pesticides and herbicides, that may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.
 Organic chemical contaminants, including synthetic and volatile organic chemicals, that are byproducts of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, agricultural application, and septic systems.
 Radioactive contaminants, that can be naturally-occurring or be the result of oil and gas production and mining activities.

In order to ensure that tap water is safe to drink, the U.S. EPA and the State Board prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. The U.S. Food and Drug Administration regulations and California law also establish limits for contaminants in bottled water that provide the same protection for public health.

Tables 1, 2, 3, 4, 5, and 6 list all of the drinking water contaminants that were detected during the most recent sampling for the constituent. The presence of these contaminants in the water does not necessarily indicate that the water poses a health risk. The State Board allows us to monitor for certain contaminants less than once per year because the concentrations of these contaminants do not change frequently. Some of the data, though representative of the water quality, are more than one year old. Any violation of an AL, MCL, MRDL, or TT is asterisked. Additional information regarding the violation is provided later in this report.

TABLE 1 – SAMPLING RESULTS SHOWING THE DETECTION OF COLIFORM BACTERIA Microbiological
Contaminants
(complete if bacteria detected)
Highest No. of
Detections
No. of Months
in Violation MCL MCLG Typical Source of Bacteria
Total Coliform Bacteria
(state Total Coliform Rule)
(In a month)
7 1 1 positive monthly sample 0 Naturally present in the environment
Fecal Coliform or E. coli
(state Total Coliform Rule)
(In the year)
1 0 A routine sample and a repeat
sample are total coliform positive,
and one of these is also fecal
coliform or E. coli positive
Human and animal fecal
waste
E. coli
(federal Revised Total
Coliform Rule)
(In the year)
1 0 (a) 0 Human and animal fecal
waste
(a) Routine and repeat samples are total coliform-positive and either is E. coli-positive or system fails to take repeat samples following E. coli-positive routine sample or system fails to analyze total coliform-positive repeat sample for E. coli.

TABLE 2 – SAMPLING RESULTS SHOWING THE DETECTION OF LEAD AND COPPER Lead and Copper
(complete if lead or copper
detected in the last sample set)
Sample
Date
No. of
Samples
Collected
90th
Percentile
Level
Detected
No. Sites
Exceeding
AL
AL PHG
No. of Schools
Requesting
Lead Sampling
Typical Source of
Contaminant
Lead (ppb) 8/30/16 36 1.5 0 15 0.2 15 Internal corrosion of household water plumbing
systems; discharges from
industrial manufacturers;
erosion of natural deposits
Copper (ppm) 8/30/16 36 .16 0 1.3 0.3 Not applicable Internal corrosion of household plumbing
systems; erosion of natural
deposits; leaching from
wood preservatives

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Consumer Confidence Report Page 3 of 7
SWS CCR Form Revised February 2019
TABLE 3 – SAMPLING RESULTS FOR SODIUM AND HARDNESS
Chemical or Constituent
(and reporting units)
Sample
Date
Level
Detected
Range of
Detections MCL PHG(MCLG) Typical Source of Contaminant
Sodium (ppm) 11/29/18 33 23/49 None None Salt present in the water and is generally naturally occurring
Hardness (ppm) 3/23/16 90 30/190 None None Sum of polyvalent cations present in the water, generally magnesium and
calcium, and are usually naturally
occurring
TABLE 4 – DETECTION OF CONTAMINANTS WITH A PRIMARY DRINKING WATER STANDARD Chemical or Constituent
(and reporting units)
Sample
Date
Level
Detected
Range of
Detections
MCL
[MRDL]
PHG
(MCLG)
[MRDLG]
Typical Source of Contaminant
Arsenic (µg/L) 11/29/18 3.8 ND/9.1 10 .004 Erosion of natural deposits; residue from some surface water
treatment processes
Barium (mg/L) 11/29/18 .116 .054/.150 1 2 Discharges of oil drilling wastes and from metal refineries;
erosion of natural deposit
Nitrate (mg/L) 5-16-18 4.8 2.1/7.4 10 10 Runoff and leaching from fertilizer use; leaching from
septic tanks and sewage; erosion
of natural deposits
Fluoride (mg/L) 11/29/18 .01 .08/.16 2 1 Erosion of natural deposits; water additive that promotes
strong teeth; discharge from
fertilizer and aluminum factories
Gross Alpha Particle
Activity (pCi/L)
12/28/18 4.78 4.53/5.03 15 0 Erosion of natural deposits Radium 228 (pCi/L) 3/11/15 .18 ND/1.4 5 .19 Erosion of natural deposits Dibromochloropropane
[DBCP] (ng/L)
12/28/18 40 ND/140 200 1.7 Banned nematocide that may
still be present in soils due to
runoff/leaching from former use
on soybeans, cotton, vineyards,
tomatoes, and tree fruit
TTHMs [Total
Trihalomethanes]
(µg/L)
11/29/18 1.5 ND/4.1 80 N/A Byproduct of drinking water
disinfection
HAA5 [Sum of 5
Haloacetic Acids]
(µg/L)
11/29/18 ND ND/ND 60 N/A Byproduct of drinking water
disinfection
Uranium (pCi/L) 12/5/17 2.6 ND/10.7 20 .43 Erosion of natural deposits 1,2,3-Trichloropropane
[TCP] (µg/L)
11/6/18 .043 ND/.16 .005 .007 Discharge from industrial and agricultural chemical factories;
leaching from hazardous waste sites;
used as cleaning and maintenance
solvent, paint and varnish remover,
and cleaning and degreasing agent;
byproduct during the production of
other compounds and pesticides.

Chlorine 12/25/18 .69 .34/1.12 4 4 Drinking water disinfectant added for treatment
TABLE 5 – DETECTION OF CONTAMINANTS WITH A SECONDARY DRINKING WATER STANDARD Chemical or Constituent
(and reporting units)
Sample
Date Level Detected Range of Detections SMCL PHG(MCLG) Typical Source of Contaminant Color (Units) 11/29/18 1 1 15 N/A Naturally-occurring organic materials

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Consumer Confidence Report Page 4 of 7
SWS CCR Form Revised February 2019
Iron (µg/L) 11/29/18 53 ND/74 300 N/A Leaching from natural deposits; industrial wastes
Turbidity (Units) 11/29/18 .16 ND/.31 5 N/A Soil runoff Total Dissolved Solids
[TDS] (mg/L)
11/29/18 250 180/340 1000 N/A Runoff/leeching from natural deposits
Specific Conductance
(µS/cm)
11/29/18 333 236/435 1600 N/A Substances that form ions when in water; seawater influence
Chloride (mg/L) 11/29/18 10.2 6.0/16 500 N/A Runoff/leeching from natural deposits; seawater influence
Odor (Units) 11/29/18 .25 ND/1 3 N/A Naturally-organic organic materials Sulfate (mg/L) 11/29/18 12.3 6.9/20 500 N/A Runoff/leeching from natural deposits; industrial wastes
TABLE 6 – DETECTION OF UNREGULATED CONTAMINANTS
Chemical or Constituent
(and reporting units)
Sample
Date Level Detected Range of Detections Notification Level Health Effects Language Additional General Information on Drinking Water
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that the water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the U.S. EPA’s Safe Drinking Water Hotline (1-800-426-4791).

EPA/Centers for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (1-800-426-4791).

Lead-Specific Language: If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The City of Atwater is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you do so, you may wish to collect the flushed water and reuse it for another beneficial purpose, such as watering plants. If you are concerned about lead in your water, you may wish to have your water tested.

Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline (1-800-426-4791) or at http://www.epa.gov/lead.

Summary Information for Violation of a MCL, MRDL, AL, TT, or Monitoring and Reporting Requirement

VIOLATION OF A MCL, MRDL, AL, TT, OR MONITORING AND REPORTING REQUIREMENT Violation Explanation Duration Actions Taken to Correct the Violation
Health Effects
Language
1,2,3-Trichloropropane Samples taken on April 8th
and 17th showed levels of
1,2,3-TCP over the MCL.
6 of the 8 City wells have
1 Year We are working with State
Water Resources Control
Board-Division of
Drinking Water to evaluate
Some people who drink
water containing 1,2,3-
trichloropropane in
excess of the MCL over

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Consumer Confidence Report Page 5 of 7
SWS CCR Form Revised February 2019
levels above the MCL.

Well 21 has no detections
and Well 15 has treatment
for TCP
the water supply and
researching options to
correct the problem. This
may include treating the
water to remove 1,2,3-
TCP.
many years may have an
increased risk of getting
cancer.

For Water Systems Providing Groundwater as a Source of Drinking Water TABLE 7 – SAMPLING RESULTS SHOWING

FECAL INDICATOR-POSITIVE GROUNDWATER SOURCE SAMPLES
Microbiological Contaminants
(complete if fecal-indicator detected)
Total No. of
Detections Sample Dates MCL[MRDL]
PHG
(MCLG)
[MRDLG]
Typical Source of Contaminant
E. coli (In the year)
1 5/8/18 0 (0) Human and animal fecal waste
Enterococci (In the year)
0 TT N/A Human and animal fecal waste
Coliphage (In the year)
0 TT N/A Human and animal fecal waste
Summary Information for Fecal Indicator-Positive Groundwater Source Samples, Uncorrected Significant Deficiencies, or Groundwater TT

SPECIAL NOTICE OF FECAL INDICATOR-POSITIVE GROUNDWATER SOURCE SAMPLE

SPECIAL NOTICE FOR UNCORRECTED SIGNIFICANT DEFICIENCIES

VIOLATION OF GROUNDWATER TT
TT Violation Explanation Duration Actions Taken to Correct the Violation
Health Effects
Language
Total Coliform Violation More than 5% of samples
in a month showed the
presence of total coliform
bacteria. This is believed to
occurred during transit of
when the labs courier was
delivering the bottles to the
lab
1 Month Requested lab to change
courier that delivers bottles
to the lab
Coliforms are bacteria
that are naturally present
in the environment and
are used as an indicator
that other, potentiallyharmful, bacteria may be
present. Coliforms were
found in more samples
than allowed and this
was a warning of
potential problems.

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Consumer Confidence Report Page 6 of 7
SWS CCR Form Revised February 2019
For Systems Providing Surface Water as a Source of Drinking Water TABLE 8 - SAMPLING RESULTS SHOWING TREATMENT OF SURFACE WATER SOURCES Treatment Technique (a)
(Type of approved filtration technology used)
Turbidity Performance Standards (b)
(that must be met through the water treatment process)
Turbidity of the filtered water must:
1 – Be less than or equal to _____ NTU in 95% of measurements in a month. 2 – Not exceed _____ NTU for more than eight consecutive hours. 3 – Not exceed ____ NTU at any time.

Lowest monthly percentage of samples that met Turbidity Performance Standard No. 1.

Highest single turbidity measurement during the year
Number of violations of any surface water treatment
requirements
(a) A required process intended to reduce the level of a contaminant in drinking water. (b) Turbidity (measured in NTU) is a measurement of the cloudiness of water and is a good indicator of water quality and filtration performance.

Turbidity results which meet performance standards are considered to be in compliance with filtration requirements.

Summary Information for Violation of a Surface Water TT

VIOLATION OF A SURFACE WATER TT
TT Violation Explanation Duration Actions Taken to Correct the Violation
Health Effects
Language
Summary Information for Operating Under a Variance or Exemption

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Consumer Confidence Report Page 7 of 7
SWS CCR Form Revised February 2019
Summary Information for Federal Revised Total Coliform Rule Level 1 and Level 2 Assessment Requirements
Level 1 or Level 2 Assessment Requirement not Due to an E. coli MCL Violation Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.

During the past year we were required to conduct one Level 1 assessment(s). A Level 1 assessment was completed. In addition, we were required to take one corrective actions and we completed this action.

There was a problem with the handling of the samples at the laboratory. The City and the laboratory went over sampling procedures and how the samples were being transported. The laboratory decided to use a new courier to pick up the samples to be delivered to their lab.

The lab uses a new courier to pick up the samples and deliver them to the lab. There have not been any subsequent problems after this change has been made.

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2019 Consumer Confidence Report
Water System Name: City of Atwater Report Date: 7/1/2020 We test the drinking water quality for many constituents as required by state and federal regulations. This report shows the results of our monitoring for the period of January 1 to December 31, 2019 and may include earlier monitoring data.

Este informe contiene información muy importante sobre su agua para beber. Favor de comunicarse City of Atwater a (209) 357-6370 para asistirlo en español.

Type of water source(s) in use: Groundwater
Name & general location of source(s): Wells 13,13,1,16,17,18,19, and 21; Within City Limits Drinking Water Source Assessment information: Community Time and place of regularly scheduled board meetings for public participation: Second and Fourth Monday of every month at 6:00 P.M. at the Atwater
Council Chambers
For more information, contact: Justin Vinson Phone: (209) 357-6370

TERMS USED IN THIS REPORT
Maximum Contaminant Level (MCL): The highest level
of a contaminant that is allowed in drinking water. Primary MCLs are set as close to the PHGs (or MCLGs) as is
economically and technologically feasible. Secondary
MCLs are set to protect the odor, taste, and appearance of drinking water.

Maximum Contaminant Level Goal (MCLG): The level
of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the
U.S. Environmental Protection Agency (U.S. EPA).

Public Health Goal (PHG): The level of a contaminant in drinking water below which there is no known or expected risk to health. PHGs are set by the California Environmental Protection Agency.

Maximum Residual Disinfectant Level (MRDL): The
highest level of a disinfectant allowed in drinking water.

There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.

Maximum Residual Disinfectant Level Goal (MRDLG):

The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not
reflect the benefits of the use of disinfectants to control microbial contaminants.

Primary Drinking Water Standards (PDWS): MCLs and
MRDLs for contaminants that affect health along with their monitoring and reporting requirements, and water treatment requirements.

Secondary Drinking Water Standards (SDWS): MCLs for
contaminants that affect taste, odor, or appearance of the drinking water. Contaminants with SDWSs do not affect the health at the MCL levels.

Treatment Technique (TT): A required process intended to reduce the level of a contaminant in drinking water.

Regulatory Action Level (AL): The concentration of a
contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.

Variances and Exemptions: Permissions from the State Water Resources Control Board (State Board) to exceed an MCL or not comply with a treatment technique under certain conditions.

Level 1 Assessment: A Level 1 assessment is a study of the water system to identify potential problems and determine (if possible) why total coliform bacteria have been found in our water system.

Level 2 Assessment: A Level 2 assessment is a very detailed study of the water system to identify potential problems and determine (if possible) why an E. coli MCL violation has occurred and/or why total coliform bacteria have been found in our water system on multiple occasions.

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The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.

Contaminants that may be present in source water include:
• Microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife. • Inorganic contaminants, such as salts and metals, that can be naturally-occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming. • Pesticides and herbicides, that may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.
• Organic chemical contaminants, including synthetic and volatile organic chemicals, that are byproducts of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, agricultural application, and septic systems.
• Radioactive contaminants, that can be naturally-occurring or be the result of oil and gas production and mining activities.

TABLE 1 – SAMPLING RESULTS SHOWING THE DETECTION OF COLIFORM BACTERIA Microbiological
Contaminants
(complete if bacteria detected)
Highest No. of
Detections
No. of Months
in Violation MCL MCLG Typical Source of
Bacteria
Total Coliform Bacteria
(state Total Coliform Rule)
(In a month)
1 0 1 positive monthly sample(a) 0 Naturally present in the environment
Fecal Coliform or E. coli
(state Total Coliform Rule)
(In the year)
0 0 A routine sample and a repeat
sample are total coliform positive,
and one of these is also fecal
coliform or E. coli positive
0 Human and animal fecal
waste
E. coli
(federal Revised Total
Coliform Rule)
(In the year)
0 0 (b) 0 Human and animal fecal
waste
(a) Two or more positive monthly samples is a violation of the MCL (b) Routine and repeat samples are total coliform-positive and either is E. coli-positive or system fails to take repeat samples following E. coli-positive routine sample or system fails to analyze total coliform-positive repeat sample for E. coli.

TABLE 2 – SAMPLING RESULTS SHOWING THE DETECTION OF LEAD AND COPPER Lead and Copper
(complete if lead or copper
detected in the last sample set)
Sample
Date
No. of
Samples
Collected
90th
Percentile
Level
Detected
No. Sites
Exceeding
AL
AL PHG
No. of Schools
Requesting
Lead Sampling
Typical Source of
Contaminant
Lead (ppb) 08/08/19 55 .093 0 15 0.2 15 Internal corrosion of household water plumbing
systems; discharges from
industrial manufacturers;
erosion of natural deposits
Copper (ppm) 08/08/19 55 .001 0 1.3 0.3 Not applicable Internal corrosion of household plumbing
systems; erosion of natural
deposits; leaching from
wood preservatives

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TABLE 3 – SAMPLING RESULTS FOR SODIUM AND HARDNESS
Chemical or Constituent
(and reporting units)
Sample
Date
Level
Detected
Range of
Detections MCL PHG(MCLG) Typical Source of Contaminant
Sodium (ppm) 11/29/18 33 23/49 None None Salt present in the water and is generally naturally occurring
Hardness (ppm) 02/27/19 88 30/170 None None Sum of polyvalent cations present in the water, generally magnesium and
calcium, and are usually naturally
occurring
TABLE 4 – DETECTION OF CONTAMINANTS WITH A PRIMARY DRINKING WATER STANDARD Chemical or Constituent
(and reporting units)
Sample
Date
Level
Detected
Range of
Detections
MCL
[MRDL]
PHG
(MCLG)
[MRDLG]
Typical Source of Contaminant
Arsenic (µg/L) 11/29/18 3.8 ND/9.1 10 .004 Erosion of natural deposits; residue from some surface water
treatment processes
Barium (mg/L) 11/29/18 .116 .054/.150 1 2 Discharges of oil drilling wastes and from metal refineries;
erosion of natural deposit
Nitrate (mg/L) 12/30/19 4.4 1.8/7.7 10 10 Runoff and leaching from fertilizer use; leaching from
septic tanks and sewage; erosion
of natural deposits
Fluoride (mg/L) 11/29/18 .10 .08/.16 2 1 Erosion of natural deposits; water additive that promotes
strong teeth; discharge from
fertilizer and aluminum factories
Gross Alpha Particle
Activity (pCi/L)
12/28/18 4.78 4.53/5.03 15 0 Erosion of natural deposits Radium 228 (pCi/L) 3/11/15 .18 ND/1.4 5 .19 Erosion of natural deposits Dibromochloropropane
[DBCP] (mg/L)
12/26/18 40 ND/140 200 1.7 Banned nematocide that may
still be present in soils due to
runoff/leaching from former use
on soybeans, cotton, vineyards,
tomatoes, and tree fruit
TTHMs [Total
Trihalomethanes]
(µg/L)
12/23/19 3.3 ND/3.3 80 N/A Byproduct of drinking water
disinfection
HAA5 [Sum of 5
Haloacetic Acids]
(µg/L)
12/23/19 7.8 ND/7.8 60 N/A Byproduct of drinking water
disinfection
Uranium (pCi/L) 12/5/17 2.6 ND/10.7 20 .43 Erosion of natural deposits 1,2,3-Trichloropropane
[TCP] (µg/L)
12/10/19 .052 ND/.130 .005 .007 Discharge from industrial and agricultural chemical factories;
leaching from hazardous waste
sites; used as cleaning and
maintenance solvent, paint and
varnish remover, and cleaning
and degreasing agent; byproduct
during the production of other
compounds and pesticides
Chlorine 12/30/19 .68 .35/1.25 4 4 Drinking water disinfectant added for treatment
TABLE 5 – DETECTION OF CONTAMINANTS WITH A SECONDARY DRINKING WATER STANDARD Chemical or Constituent Sample
Date Level Detected Range of Detections SMCL PHG
(MCLG) Typical Source of Contaminant

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(and reporting units)
Color (Units) 11/29/18 1 1 15 N/A Naturally-occurring organic materials
Iron (µg/L) 11/29/18 53 ND/74 300 N/A Leaching from natural deposits; industrial wastes
Turbidity (Units) 11/29/18 .16 ND/.31 5 N/A Soil runoff Total Dissolved Solids
[TDS] (mg/L)
11/29/18 250 180/340 1000 N/A Runoff/leeching from natural deposits
Specific Conductance
(µS/cm)
11/29/18 333 236/435 1600 N/A Substances that form ions when in water; seawater influence
Chloride (mg/L) 11/29/18 10.2 6.0/16 500 N/A Runoff/leeching from natural deposits; seawater influence
Odor (Units) 11/29/18 .25 ND/1 3 N/A Naturally-organic organic materials Sulfate (mg/L) 11/29/18 12.3 6.9/20 500 N/A Runoff/leeching from natural deposits; industrial wastes
TABLE 6 – DETECTION OF UNREGULATED CONTAMINANTS
Chemical or Constituent
(and reporting units)
Sample
Date Level Detected Range of
Detections Notification Level Health Effects Language
Additional General Information on Drinking Water
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that the water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the U.S. EPA’s Safe Drinking Water Hotline (1-800-426-4791).

Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline (1-800-426-4791) or at http://www.epa.gov/lead.

Nitrate-Specific Language: Nitrate in drinking water at levels above 10 mg/L is a health risk for infants of less than six months of age. Such nitrate levels in drinking water can interfere with the capacity of the infant’s blood to carry oxygen, resulting in a serious illness; symptoms include shortness of breath and blueness of the skin. Nitrate levels above 10 mg/L may also affect the ability of the blood to carry oxygen in other individuals, such as pregnant women and those with certain specific enzyme deficiencies. If you are caring for an infant, or you are pregnant, you should ask advice from your health care provider.

Arsenic Specific Language: While your drinking water meets the federal and state standard for arsenic, it does contain low levels of arsenic. The arsenic standard balances the current understanding of arsenic’s possible health effects against the costs of removing arsenic from drinking water. The U.S. Environmental Protection Agency continues to research the

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health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems.

Summary Information for Violation of a MCL, MRDL, AL, TT, or Monitoring and Reporting Requirement

VIOLATION OF A MCL, MRDL, AL, TT, OR MONITORING AND REPORTING REQUIREMENT Violation Explanation Duration Actions Taken to Correct the Violation
Health Effects
Language
1,2,3-Trichloropropane The City of Atwater
currently has 6 of their 8
wells with TCP levels
above the MCL. Well 21
has no detections and well
15 has treatment for TCP.
2 Years The City of Atwater is in
the design phase of a
treatment plant for a new
well. The City also
received funds to build
treatment at all well sites.

Some people who drink
water containing 1,2,3-
trichloropropane in
excess of the MCL over
many years may have an
increased risk of getting
cancer.

For Water Systems Providing Groundwater as a Source of Drinking Water TABLE 7 – SAMPLING RESULTS SHOWING

FECAL INDICATOR-POSITIVE GROUNDWATER SOURCE SAMPLES
Microbiological Contaminants
(complete if fecal-indicator detected)
Total No. of
Detections Sample Dates MCL
[MRDL]
PHG
(MCLG)
[MRDLG]
Typical Source of Contaminant
E. coli (In the year)
0 0 (0) Human and animal fecal waste
Enterococci (In the year)
0 TT N/A Human and animal fecal waste
Coliphage (In the year)
0 TT N/A Human and animal fecal waste
Summary Information for Fecal Indicator-Positive Groundwater Source Samples, Uncorrected Significant Deficiencies, or Groundwater TT

SPECIAL NOTICE OF FECAL INDICATOR-POSITIVE GROUNDWATER SOURCE SAMPLE

SPECIAL NOTICE FOR UNCORRECTED SIGNIFICANT DEFICIENCIES

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VIOLATION OF GROUNDWATER TT
TT Violation Explanation Duration Actions Taken to Correct the Violation
Health Effects
Language
For Systems Providing Surface Water as a Source of Drinking Water TABLE 8 - SAMPLING RESULTS SHOWING TREATMENT OF SURFACE WATER SOURCES Treatment Technique (a)
(Type of approved filtration technology used)
Turbidity Performance Standards (b)
(that must be met through the water treatment process)
Turbidity of the filtered water must:
1 – Be less than or equal to _____ NTU in 95% of measurements in a month. 2 – Not exceed _____ NTU for more than eight consecutive hours. 3 – Not exceed ____ NTU at any time.

Lowest monthly percentage of samples that met Turbidity Performance Standard No. 1.

Turbidity results which meet performance standards are considered to be in compliance with filtration requirements.

Summary Information for Violation of a Surface Water TT

VIOLATION OF A SURFACE WATER TT
TT Violation Explanation Duration Actions Taken to Correct the Violation
Health Effects
Language
Summary Information for Operating Under a Variance or Exemption

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Consumer Confidence Report Page 1 of 8
SWS CCR Revised February 2021
2020 Consumer Confidence Report
Water System Information
Water System Name: City of Atwater
Report Date: 7/1/21
Type of Water Source(s) in Use: Groundwater
Name and General Location of Source(s): Wells 13,14,15,16,17,18,19, and 21; Within City Limits Drinking Water Source Assessment Information: Community Time and Place of Regularly Scheduled Board Meetings for Public Participation: Second and fourth Monday of every month at 6:00 P.M. at the Atwater Council Chambers For More Information, Contact: (209) 357-6370
About This Report
We test the drinking water quality for many constituents as required by state and federal regulations. This report shows the results of our monitoring for the period of January 1 to December 31, 2020 and may include earlier monitoring data.

Importance of This Report Statement in Five Non-English Languages (Spanish, Mandarin, Tagalog, Vietnamese, and Hmong)
Este informe contiene información muy importante sobre su agua para beber. Favor de comunicarse City of Atwater a (209) 357-6370 para asistirlo en español.

Terms Used in This Report
Level 1 Assessment: A Level 1 assessment is a study of the water system to identify potential problems and determine (if possible) why total coliform bacteria have been found in our water system.

Maximum Contaminant Level (MCL): The highest level of a contaminant that is allowed in drinking water.

Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically feasible.

Secondary MCLs are set to protect the odor, taste, and appearance of drinking water.

Maximum Contaminant Level Goal (MCLG): The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the U.S. Environmental Protection Agency (U.S. EPA).

Maximum Residual Disinfectant Level (MRDL): The highest level of a disinfectant allowed in drinking water.

There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.

Maximum Residual Disinfectant Level Goal (MRDLG): The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.

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Consumer Confidence Report Page 2 of 8
SWS CCR Revised February 2021
Primary Drinking Water Standards (PDWS): MCLs and MRDLs for contaminants that affect health along with their monitoring and reporting requirements, and water treatment requirements.

Public Health Goal (PHG): The level of a contaminant in drinking water below which there is no known or expected risk to health. PHGs are set by the California Environmental Protection Agency.

Regulatory Action Level (AL): The concentration of a contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.

Secondary Drinking Water Standards (SDWS): MCLs for contaminants that affect taste, odor, or appearance of the drinking water. Contaminants with SDWSs do not affect the health at the MCL levels.

Treatment Technique (TT): A required process intended to reduce the level of a contaminant in drinking water.

Variances and Exemptions: Permissions from the State Water Resources Control Board (State Board) to exceed an MCL or not comply with a treatment technique under certain conditions.

ND: not detectable at testing limit
ppm: parts per million or milligrams per liter (mg/L)
ppb: parts per billion or micrograms per liter (µg/L)
ppt: parts per trillion or nanograms per liter (ng/L)
ppq: parts per quadrillion or picogram per liter (pg/L) pCi/L: picocuries per liter (a measure of radiation)
Sources of Drinking Water and Contaminants that May Be Present in Source Water The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.

Contaminants that may be present in source water include:
 Microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.  Inorganic contaminants, such as salts and metals, that can be naturally occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.
 Pesticides and herbicides, that may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.
 Organic chemical contaminants, including synthetic and volatile organic chemicals, that are byproducts of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, agricultural application, and septic systems.  Radioactive contaminants, that can be naturally occurring or be the result of oil and gas production and mining activities.

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Consumer Confidence Report Page 3 of 8
SWS CCR Revised February 2021
Regulation of Drinking Water and Bottled Water Quality
In order to ensure that tap water is safe to drink, the U.S. EPA and the State Board prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. The U.S. Food and Drug Administration regulations and California law also establish limits for contaminants in bottled water that provide the same protection for public health.

About Your Drinking Water Quality
Drinking Water Contaminants Detected
Tables 1, 2, 3, 4, 5, and 6 list all of the drinking water contaminants that were detected during the most recent sampling for the constituent. The presence of these contaminants in the water does not necessarily indicate that the water poses a health risk. The State Board allows us to monitor for certain contaminants less than once per year because the concentrations of these contaminants do not change frequently. Some of the data, though representative of the water quality, are more than one year old. Any violation of an AL, MCL, MRDL, or TT is asterisked. Additional information regarding the violation is provided later in this report.

Table 1. Sampling Results Showing the Detection of Coliform Bacteria Microbiological
Contaminants
(complete if bacteria
detected)
Highest No.
of Detections
No. of
Months in
Violation
MCL MCLG Typical Source of
Bacteria
Total Coliform
Bacteria
(state Total Coliform
Rule)
(In a month)
1 0 1 positive monthly sample
(a)
0 Naturally present in
the environment
Fecal Coliform or E.
coli
(state Total Coliform
Rule)
(In the year)
0 0 A routine sample and a
repeat sample are total
coliform positive, and one
of these is also fecal
coliform or E. coli positive
Human and animal
fecal waste
E. coli
(federal Revised
Total Coliform Rule)
(In the year)
0 0 (b) 0 Human and animal
fecal waste
(a) Two or more positive monthly samples is a violation of the MCL (b) Routine and repeat samples are total coliform-positive and either is E. coli-positive or system fails to take repeat samples following E. coli-positive routine sample or system fails to analyze total coliform-positive repeat sample for E. coli.

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Consumer Confidence Report Page 4 of 8
SWS CCR Revised February 2021
Table 2. Sampling Results Showing the Detection of Lead and Copper Lead and
Copper
(complete if
lead or copper
detected in the
last sample
set)
Sample
Date
No. of
Samples
Collected
90th
Percentile
Level
Detected
No. Sites
Exceeding AL
AL PHG No. of
Schools
Requesting Lead
Sampling
Typical Source of
Contaminant
Lead (ppb) 08/08/19 55 .093 0 15 0.2 15 Internal corrosion of household
water plumbing
systems;
discharges from
industrial
manufacturers;
erosion of natural
deposits
Copper (ppm) 08/08/19 55 .001 0 1.3 0.3 Not
applicable
Internal corrosion
of household
plumbing systems;
erosion of natural
deposits; leaching
from wood
preservatives
Table 3. Sampling Results for Sodium and Hardness
Chemical or
Constituent (and
reporting units)
Sample
Date
Level
Detected
Range of
Detections

MCL PHG
(MCLG)
Typical Source of
Contaminant
Sodium (ppm) 11/29/18 33 23/49 None None Salt present in the water and is generally
naturally occurring
Hardness (ppm) 02/27/19 88 30/170 None None Sum of polyvalent cations present in the
water, generally
magnesium and
calcium, and are
usually naturally
occurring

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Consumer Confidence Report Page 5 of 8
SWS CCR Revised February 2021
Table 4. Detection of Contaminants with a Primary Drinking Water Standard Chemical or
Constituent (and
reporting units)
Sample
Date
Level
Detected
Range of
Detections
MCL
[MRDL]
PHG
(MCLG)
[MRDLG]
Typical Source of
Contaminant
Arsenic (µg/L) 11/29/18 3.8 ND/9.1 10 .004 Erosion of natural deposits; runoff from
orchards; glass and
electronics production
wastes
Barium (mg/L) 11/29/18 .116 .054/.150 1 2 Discharge of oil drilling wastes and from metal
refineries; erosion of
natural deposits
Nitrate (mg/L) 12/29/20 4.3 1.6/.8.3 10 10 Runoff and leaching from fertilizer use;
leaching from septic
tanks and sewage;
erosion of natural
deposits
Flouride (mg/L) 12/29/20 .10 .08/.16 2 1 Erosion of natural deposits; water additive
which promotes strong
teeth; discharge from
fertilizer and aluminum
factories
Gross Alpha
Particle Activity
(pCi/L)
12/28/18 4.78 4.53/5.03 15 0 Erosion of natural
deposits
Radium 228 (pCi/L) 3/11/15 .18 ND/1.4 5 .019 Erosion of natural deposits
Dibromochloroprop
ane [DBCP] (mg/L)
12/26/18 40 ND/140 200 1.7 Banned nematocide
that may still be present
in soils due to
runoff/leaching from
former use on
soybeans, cotton,
vineyards, tomatoes,
and tree fruit
TTHMs [Total
Trihalomethanes]
(µg/L)
10/14/20 1.4 ND/3.8 80 N/A Byproduct of drinking
water disinfection
HAA5 [Sum of 5
Haloacetic Acids]
(µg/L)
10/14/20 ND ND 60 N/A Byproduct of drinking
water disinfection
Uranium (pCi/L) 12/5/15 2.6 ND/10.7 20 .43 Erosion of natural deposits
1,2,3-
Trichloropropane
[TCP] (ng/L)
12/29/20 64* ND/118 5 .7 Discharge from
industrial and
agricultural chemical

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Consumer Confidence Report Page 6 of 8
SWS CCR Revised February 2021
Chemical or
Constituent (and
reporting units)
Sample
Date
Level
Detected
Range of
Detections
MCL
[MRDL]
PHG
(MCLG)
[MRDLG]
Typical Source of
Contaminant
factories; leaching from
hazardous waste sites;
used as cleaning and
maintenance solvent,
paint and varnish
remover, and cleaning
and degreasing agent;
byproduct during the
production of other
compounds and
pesticides.

Chlorine 12/30/20 .64 .46/.86 4 4 Drinking water
disinfectant added for
treatment
Table 5. Detection of Contaminants with a Secondary Drinking Water Standard Chemical or
Constituent (and
reporting units)
Sample
Date
Level
Detected
Range of
Detections

SMCL PHG
(MCLG)
Typical Source of
Contaminant
Color (Units) 11/29/18 1 1 15 N/A Naturally-occurring
organic materials
Iron (µg/L) 11/29/18 53 ND/74 300 N/A Leaching from natural deposits; industrial
wastes
Turbidity (Units) 11/29/18 .16 ND/.31 5 N/A Soil runoff Total Dissolved
Solids [TDS]
(mg/L)
11/29/18 250 180/340 1000 N/A Runoff/leaching from
natural deposits
Specific
Conductance
(µS/cm)
11/29/18 333 236/435 1600 ND Substances that form
ions when in water;
seawater influence
Chloride (mg/L) 11/29/18 10.2 6.0/16 500 N/A Runoff/leaching from natural deposits;
seawater influence
Odor (Units) 11/29/18 .25 ND/1 3 N/A Naturally-occurring organic materials
Sulfate 11/29/18 12.3 6.9/20 500 N/A Runoff/leaching from natural deposits;
industrial wastes

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Consumer Confidence Report Page 7 of 8
SWS CCR Revised February 2021
Table 6. Detection of Unregulated Contaminants
Chemical or
Constituent (and
reporting units)
Sample
Date
Level
Detected
Range of
Detections
Notification Level Health Effects
Language

Additional General Information on Drinking Water
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that the water poses a health risk.

More information about contaminants and potential health effects can be obtained by calling the U.S. EPA’s Safe Drinking Water Hotline (1-800-426-4791).

Some people may be more vulnerable to contaminants in drinking water than the general population. Immunocompromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. U.S. EPA/Centers for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (1-800-426-4791).

Lead-Specific Language: If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The City of Atwater is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. [Optional: If you do so, you may wish to collect the flushed water and reuse it for another beneficial purpose, such as watering plants.] If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline (1-800-426-4791) or at http://www.epa.gov/lead.

Nitrate levels above 10 mg/L may also affect the ability of the blood to carry oxygen in other individuals, such as pregnant women and those with specific enzyme deficiencies. If you are caring for an infant, or you are pregnant, you should ask advice from your health care provider.

Arsenic-Specific Language: While your drinking water meets the federal and state standard for arsenic, it does contain low levels of arsenic. The arsenic standard balances the current understanding of arsenic’s possible health effects against the cost of removing arsenic from drinking water. The U.S. Environmental Protection Agency continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems.

Summary Information for Violation of a MCL, MRDL, AL, TT, or Monitoring and Reporting Requirement

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Consumer Confidence Report Page 8 of 8
SWS CCR Revised February 2021
Violation: 1,2,3-Trichloropropane
Explanation: The City of Atwater currently has 6 of their 8 wells with TCP levels above the MCL. Well 21 has no detections and Well 15 has treatment for TCP
Duration: 3 Years
Actions Taken to Correct the Violation: The City of Atwater has hired a design build firm to design and construct the 1,2,3-TCP Remediation Project. This Project will include TCP Treatment at all well sites that are in violation. Work will be completed in 2021.

Health Effects Language: Some people who drink water containing 1,2,3-Trichloropropane in excess of the MCL over many years may have an increased risk of getting cancer.

For Water Systems Providing Groundwater as a Source of Drinking Water Table 7. Sampling Results Showing Fecal Indicator-Positive Groundwater Source Samples Microbiological
Contaminants (complete if
fecal-indicator detected)
Total No. of
Detections
Sample
Dates
MCL
[MRDL]
PHG
(MCLG)
[MRDLG]
Typical Source of Contaminant
E. coli (In the year)
0 0 (0) Human and animal fecal waste
Enterococci (In the year)
0 TT N/A Human and animal fecal waste
Coliphage (In the year)
0 TT N/A Human and animal fecal waste

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City of Atwater
Draft 2020 Urban Water Management Plan
September 2021
H
Appendix H
Water Shortage Contingency Plan

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City of Atwater
Water Shortage Contingency Plan
DRAFT
SEPTEMBER 2021
Prepared for:

CITY OF ATWATER
750 Bellevue Road
Atwater, CA 95301
(209) 357-6310
Prepared by:

BLACK WATER CONSULTING ENGINEERS, INC.
602 Lyell Drive
Modesto, CA 95356
(209) 322-1820

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City of Atwater
Water Shortage Contingency Plan
September 2021
i

TABLE OF CONTENTS
1 Introduction..........................................................................................................................................1 2 Water Supply Reliability Analysis..........................................................................................................1 3 Annual Water Supply and Demand Assessment Procedures...............................................................2

3.1 Decision-Making Process..............................................................................................................3

3.2 Key Data Inputs and Methodologies.............................................................................................4

3.3 Evaluation Criteria.........................................................................................................................5

3.4 Water System................................................................................................................................5

3.5 Unconstrained Customer Demand ...............................................................................................5

3.6 Infrastructure Considerations.......................................................................................................5

3.7 Other Factors................................................................................................................................5

3.8 Evaluation of Water Supply and Demands...................................................................................5 4 Six Standard Water Shortage Levels.....................................................................................................6 5 Shortage Response Actions ..................................................................................................................7

5.1 Supply Augmentation and Other Actions.....................................................................................7

5.2 Demand Reduction Actions ..........................................................................................................9

5.3 Operational Changes...................................................................................................................13

5.4 Additional Mandatory Prohibitions ............................................................................................13 6 Seismic Risk Assessment and Mitigation Plan ....................................................................................15 7 Communication Protocols ..................................................................................................................15 8 Compliance and Enforcement ............................................................................................................16 9 Legal Authorities.................................................................................................................................16 10 Financial Consequences of WSCP.......................................................................................................17 11 Monitoring and Reporting ..................................................................................................................17 12 Refining...............................................................................................................................................18

12.1 Special Water Feature Distinction ..............................................................................................18

12.2 Plan Adoption, Submittal and Availability ..................................................................................18

12.2.1 Notice to the Public.............................................................................................................18

12.2.2 Public Hearing and Adoption ..............................................................................................19

12.2.3 Public Hearing .....................................................................................................................19

12.2.4 Adoption .............................................................................................................................19

12.2.5 Plan Submittal.....................................................................................................................19

12.2.6 Submitting a UWMP to Cities and Counties .......................................................................19

12.2.7 Public Availability ................................................................................................................20

12.2.8 Notification to Public Utilities Commission ........................................................................20

12.2.9 Amending an Adopted Water Shortage Contingency Plan.................................................20

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City of Atwater
Water Shortage Contingency Plan
September 2021
ii

LIST OF TABLES
Table 3-1 Annual Assessment Potential Key Responsibilities.......................................................................3 Table 4-1 WSCP Levels (DWR Table 8-1)......................................................................................................6 Table 5-1 Supply Augmentation and Other Actions (DWR Table 8-3).........................................................8 Table 5-2 Demand Reduction Actions (DWR Table 8-2) ............................................................................10 Table 5-3 Historical Water Production Data ..............................................................................................12 Table 5-4 Shortage Gap Estimates.............................................................................................................13

LIST OF FIGURES
Figure 3-1 Example Annual Assessment and AWSAR Timeline ....................................................................4

APPENDICES
Appendix A – Water Conservation Ordinance
Appendix B – Merced County Multi-Jurisdictional Local Hazard Mitigation Plan Appendix C – Notices to Public and Public Outreach Efforts Appendix D – City Resolution Adopting WSCP

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City of Atwater
Water Shortage Contingency Plan
September 2021
iii

LIST OF ACRONYMS AND ABBREVIATIONS
Annual Assessment Annual Water Supply and Demand Assessment AWSAR Annual Water Shortage Assessment Report
City City of Atwater
CWC California Water Code
DWR California Department of Water Resources
FYE Fiscal Year end
gpcd gallons per capita per day
MC Municipal Code
PW City of Atwater Department of Public Works
SB Senate Bill
UWMP Urban Water Management Plan
WSCP Water Shortage Contingency Plan

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City of Atwater
Water Shortage Contingency Plan
September 2021
1 1 Introduction
In response to the severe drought of 2012-2016, legislation was adopted in 2018 mandating that the Urban Water Management Plan (UWMP) include a Water Shortage Contingency Plan (WSCP) that provides a detailed proposal for assessing water supply availability and response actions to water shortage conditions. Although required to be included with the 2020 UWMP, the WSCP is a stand-alone document and can be amended on its own.

The WSCP is required to include:
• Key attributes of the water supply reliability analysis conducted pursuant to California Water Code (CWC) Section 10632. [CWC Section 10632(a)(1)]
• Six standard water shortage levels corresponding to progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages and greater than 50-percent shortage. [CWC Section 10632(a)(3)(A)] • Locally appropriate “shortage response actions” for each shortage level, with a corresponding estimate of the extent the action will address the gap between supplies and demands. [CWC Section 10632(a)(4)]
• Procedures for conducting an Annual Water Supply and Demand Assessment (Annual Assessment) with prescribed elements. Under CWC 10632.1, urban water suppliers are required to submit, by July 1 of each year, beginning in the year following adoption of the 2020 UWMP, an Annual Water Shortage Assessment Report (AWSAR) to the California Department of Water Resources (DWR). [CWC Section 10632(a)(2)]
• Communication protocols and procedures to inform customers, the public, and government entities of any current or predicted water shortages and associated response actions. [CWC Section 10632(a)(5)]
• Monitoring and reporting procedures to assure appropriate data is collected to monitor customer compliance and to respond to any state reporting requirements. [CWC Section 10632(a)(9)] • A re-evaluation and improvement process to assess the functionality of the WSCP and to make appropriate adjustments as warranted. [CWC Section 10632(a)(10)] 2 Water Supply Reliability Analysis
Water Code Section 10632(a)(1)
The analysis of water supply reliability conducted pursuant to Section 10635.

Pursuant to CWC Section 10632(a)(1), this section examines the (a) findings related to water system reliability conducted pursuant to CWC Section 10632, and (b) the key issues that may create a shortage condition based on the City of Atwater’s (City) water asset portfolio. These topics are described in Chapters 6 and 7 of the 2020 UWMP, but are also summarized below, recognizing that the WSCP is a stand-alone document.

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City of Atwater
Water Shortage Contingency Plan
September 2021
2 The City's sole source of drinking water is from the groundwater aquifer underlying the community. The City currently obtains groundwater from approximately nine (9) wells. The City’s wells pump from a nonadjudicated groundwater basin (Merced Subbasin) with no limits on pumping. However, the Merced Subbasin has been identified as being in a critical state of overdraft. Therefore, the future reliability of the groundwater supply will depend on the long-term balance of groundwater extraction and recharge for the Merced Subbasin as a whole.

The City’s 2020 UWMP evaluates the long-term (20-year) and near-term (5-year) supply reliability of the City’s water system, including consideration for a normal year, single dry year, and a 5-year dry period.

Constraints on the water supply reliability for the City are primarily water quantity, water quality, and climate change. The 2020 UWMP estimates that the reliability of the City’s water supply is sufficient to meet long-term and near-term demands based on available information for the groundwater and positive impacts from State requirements for sustainable groundwater management. 3 Annual Water Supply and Demand Assessment Procedures
Water Code Section 10632(a)(2)
The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:
(A) The written decision-making process that an urban water supplier will use each year to determine its water supply reliability.
(B) The key data inputs and assessment methodology used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year, including all of the following:
(i) Current year unconstrained demand, considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable. (ii) Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier.
(iii) Existing infrastructure capabilities and plausible constraints. (iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.
(v) A description and quantification of each source of water supply.

Water Code Section 10632.1
An urban water supplier shall conduct an annual water supply and demand assessment pursuant to subdivision (a) of Section 10632 and, on or before July 1 of each year, submit an annual water shortage assessment report to the department with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the supplier’s water shortage contingency plan. An urban water supplier that relies on imported water from the State Water Project or the Bureau of Reclamation shall submit its annual water supply and demand assessment within 14 days of receiving its final allocations, or by July 1 of each year, whichever is later.

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City of Atwater
Water Shortage Contingency Plan
September 2021
3 Beginning in 2022, CWC Section 10632.1 requires the City to conduct an Annual Assessment on or before July 1 of each year and submit an AWSAR by July 1 of every year. The purpose of the Annual Assessment and AWSAR is to forecast near-term water supply conditions (for the current year) and ensure appropriate shortage response actions are triggered in a timely manner. This section of the WSCP details the procedures used to prepare the Annual Assessment. The intent of the procedures is to provide a description of annual timing and stepsto complete the document. The Annual Assessment will be included as part of the AWSAR.

The Annual Assessment will include the following processes and/or information:

1. Data and Methodologies

2. Evaluation Criteria

3. Description of Water System

4. Unconstrained Customer Demand

5. Infrastructure Considerations

6. Other Factors

7. Water Supply and Demand Evaluation
The information to be included in each of the sections is described in this chapter. Based on the Annual Assessment, the AWSAR will include recommendations for triggered shortage response actions, consistent with the WSCP.

3.1 Decision-Making Process
The City Department of Public Works (PW) will be responsible for preparing, obtaining formal approval, and submitting the AWSAR to the DWR. Potential key responsibilities for preparation of the Annual Assessment and AWSAR are listed in Table 3-1. Early in the process, the key team members will be selected and assigned responsibilities to ensure accurate and timely completion of the documents. Each AWSAR should include a summary of the key members involved and their roles and responsibilities.

Table 3-1 Annual Assessment Potential Key Responsibilities # Activity
1 Convene Annual Assessment and AWSAR team
2 Information collection and review (see Section 3.2, Key Data Inputs and Methodologies) 3 Prepare draft AWSAR
4 Finalize AWSAR
5 Submit AWSAR to DWR
An example timeline for the decision-making process is provided in Figure 3-1. Actual dates for each activity may vary, however the Annual Assessment is required to be formally approved and submitted to DWR by July 1 each year, starting in 2022.

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City of Atwater
Water Shortage Contingency Plan
September 2021
4 Figure 3-1 Example Annual Assessment and AWSAR Timeline

3.2 Key Data Inputs and Methodologies
The following sections describe the key data inputs and methodologies which may be used to evaluate the water system reliability for the current year, while considering that the year to follow will be a dry year. To be consistent with the 2020 UWMP, the current year is defined as the calendar year (January 1 – December 31) for the year in which the document is prepared and the year to follow is defined as the subsequent calendar year. For example, the 2022 AWSAR would evaluate the water system reliability for January 1 – December 31, 2022, with consideration that January 1 – December 31, 2023 is a dry year.

Key data inputs may include, but are not required to include the following:
• Summary of active water supply sources and their capacities. • Monthly water production data for the previous calendar year. • Available weather data for the previous calendar year and current year. • Population data for the previous calendar year and current year. • Growth projections in terms of land use and/or population for the current year. • Recently completed documents and studies related to the water system and water supply sources.
• Recent regulatory documents.
• Water quality data for the previous calendar year.
• Water system improvements completed in the previous calendar year and planned for the next two years.
• Information on issues encountered in water system for the previous calendar year. Issues may include exceeding contaminant limits, breaks in pipelines, and decreased well production. • Current and projected hydrological conditions.
• Other data which affects the water system.

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City of Atwater
Water Shortage Contingency Plan
September 2021
5 Data for additional years prior to the current year may be analyzed as part of the assessment. The data will be used to develop projections for available water supply and unconstrained customer demands for the current calendar year, considering a dry subsequent year. To assess the adequacy of the available water supply, customer demands for average conditions should be calculated at a minimum. The criteria used in the calculations should be described and be consistent with the most recently prepared City documents and regulatory requirements.

3.3 Evaluation Criteria
The Annual Assessment will compare the projected water supply and the unconstrained average customer demand. If unconstrained average customer demands are higher than the projected water supply, shortage response actions corresponding to the projected WSCP shortage level will be activated.

3.4 Water System
This section of the Annual Assessment should describe the water system, including the water supply facilities and distribution and storage facilities. Information on water quality and historical issues should be included.

3.5 Unconstrained Customer Demand
Unconstrained customer demand for the current year will be developed in this section. The methodology for the calculations should be described in detail. References for the sources and assumptions used should be provided. Unconstrained customer demands for subsequent years may be calculated and included.

Various methods could be used to calculate unconstrained customer demand. The method should be consistent with previous City documents, including the 2020 UWMP. If an alternative method is used, reasons for the change in approach shall be provided. The most common methods will either involve the use of population projections and a per capita water demand or water demand factors for various types of land uses and estimates for developed areas, by land use type.

3.6 Infrastructure Considerations
This section is to include an evaluation of how the infrastructure capabilities and constraints may affect the City’s ability to deliver supplies to meet customer demands in the coming year. Anticipated capital projects that may influence capabilities, such as repairs that may constrain capabilities (e.g., planned treatment plant upgrades) or new projects that may add capacity (e.g., a new groundwater well or system intertie) should be described.

3.7 Other Factors
Other factors that can influence or disrupt the water supply, along with unique local considerations should be described in this portion of the Annual Assessment. These factors may include recent regulatory requirements, documents and studies related to the water system and water supply sources, and weather conditions.

3.8 Evaluation of Water Supply and Demands
This section of the assessment will summarize the projected available water supply for the current year based on the information provided in previous sections of the Annual Assessment. The evaluation criteria

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City of Atwater
Water Shortage Contingency Plan
September 2021
6 will be applied to determine if the available water supply is sufficient to meet unconstrained customer demands.
4 Six Standard Water Shortage Levels
Water Code Section 10632(a)(3)
(A) Six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percent shortages and greater than 50 percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers’ water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use.

Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events. (B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage levels.

CWC Section 10632(a)(3) requires water suppliers to define six shortage levels based on the supplier’s water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Table 4-1 (DWR Table 8-1) lists the six WSCP levels for the City. These six levels replaced the previous four stages of water supply restrictions listed in the 2015 UWMP to correspond with the changes to the CWC.

Table 4-1 WSCP Levels (DWR Table 8-1)
Submittal Table 8-1: Water Shortage Contingency Plan Levels Shortage
Level
Percent
Shortage
Range
Shortage Response Actions
(Narrative description)
1 Up to 10% Prohibit outdoor water wasting activities. Timely leak repair requirement.

Education Campaign, Voluntary.
2 Up to 20% Includes Level 1 restrictions. Increase landscape irrigation limits. 3 Up to 30% Includes Levels 1 and 2 restrictions. Prohibit the use of water which cause flooding. Vehicle washing limitations. No street cleaning. 4 Up to 40% Includes Levels 1, 2, and 3 restrictions. Prohibits all landscape irrigation. 5 Up to 50%
Includes Levels 1, 2, 3, and 4 restrictions. Water served upon request at restaurants. Commercial lodging establishments and decorative water feature limitations. Initial filling of a new swimming pool is allowed with a permit. 6 >50% Includes Levels 1, 2, 3, 4, and 5 restrictions.

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City of Atwater
Water Shortage Contingency Plan
September 2021
7 5 Shortage Response Actions
Water Code Section 10632 (a)(4)
Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:
(A) Locally appropriate supply augmentation actions.
(B) Locally appropriate demand reduction actions to adequately respond to shortages. (C) Locally appropriate operational changes.
(D) Additional, mandatory prohibitions against specific water use practices that are in addition to statemandated prohibitions and appropriate to the local conditions. (E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.

CWC Section 10632(a)(4) requires shortage response actions that align with the shortage levels defined in Table 4-1 (DWR Table 8-1) and include locally appropriate supply augmentation actions, demand reduction actions, operational changes, and additional mandatory prohibitions against specific water use practices. An estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the actions must be provided.

The regulations associated with City’s water conservation ordinance have been updated, with the most recent update occurring in 2021 to correspond with the six WSCP shortage levels. Currently, Chapter 13.13 of the City Municipal Code (MC), implemented through Ordinance CS 966 (included in Appendix A) includes general provisions, definitions, application of regulations, and water conservation restrictions for six levels, corresponding to the WSCP levels in Table 4-1 (DWR Table 8-1). The water conservation restrictions are described in more detail in this section.

5.1 Supply Augmentation and Other Actions
The City’s supply augmentation and other actions are focused on long-term strategies for increasing reliability by utilizing and procuring other sources of water. Table 5-1 (DWR Table 8-3) lists these longterm strategies. Because these are long-term strategies which have yet to be implemented, they are considered to have no effect on reducing a short-term shortage gap. Short-term shortage gaps will primarily be satisfied by demand reduction actions described in the next section.

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City of Atwater
Water Shortage Contingency Plan
September 2021
8 Table 5-1 Supply Augmentation and Other Actions (DWR Table 8-3) Submittal Table 8-3: Supply Augmentation and Other Actions Shortage Level
Supply Augmentation Methods
and Other Actions by Water
Supplier
Drop down list
These are the only categories
that will be accepted by the
WUEdata online submittal tool
How much is this
going to reduce
the shortage gap?
Include units used
(volume type or
percentage)
Additional Explanation or Reference
(optional)
Add additional rows as needed
1-6 Expand Public Information
Campaign 0%
The City distributes public information
regarding water issues in mass mailing
to all water services customers,
through the City's Internet site,
directly to walk-in customers at City
Hall, and at the Public Works
Department and the City Community
Center.
1-6 Improve Customer Billing 0%
The City encourages water
conservation through its water and
sewer service rate structure.
1-6 Other Actions (describe) 0%
Offers water use surveys. Upon
request, the City personnel will
perform an interior and exterior
inspection of a customer's residence
or facility in order to ascertain
potential sources of water sources of
water waste.
1-6 Other Actions (describe) 0%
Decrease line flushing. The City
decreases the frequency and duration
of water system flushing maintenance
activities.
1-6 Other Actions (describe) 0%
Reduce system water loss. The City
increases efforts to correct water
system losses, including repairing
leaks and eliminating illicit
connections.
1-6 Other Actions (describe) 0%
Increase water waste patrols. The City
conducts more frequent patrols to
discourage water wasting and correct
water wasting practices in the
community.

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City of Atwater
Water Shortage Contingency Plan
September 2021
9 Submittal Table 8-3: Supply Augmentation and Other Actions Shortage Level
Supply Augmentation Methods
and Other Actions by Water
Supplier
Drop down list
These are the only categories
that will be accepted by the
WUEdata online submittal tool
How much is this
going to reduce
the shortage gap?
Include units used
(volume type or
percentage)
Additional Explanation or Reference
(optional)
1-6 Other Actions (describe) 0%
Increase frequency of meter reading.

The City may increase frequency of
meter reading to better track services
that may have leaks or usually high
water consumption.
1-6 Other Actions (describe) 0%
Moratorium or net zero demand
increase on new connections. The City
will temporarily limit or ban new
water service connections within the
service area.

NOTES:

5.2 Demand Reduction Actions
Increasing demand reduction actions will be enforced with increasing WSCP levels. Table 5-2 (DWR Table 8-2) summarizes demand reduction actions and the WSCP shortage level at which the action will be mandated. The demand reduction actions column was limited to a drop-down list provided by DWR.

Additional explanation or reference information is listed to provide details specific to the City. Some demand reduction actions listed in the table correspond to operational changes which are described in Section 5.3.

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City of Atwater
Water Shortage Contingency Plan
September 2021
10 Table 5-2 Demand Reduction Actions (DWR Table 8-2)
Submittal Table 8-2: Demand Reduction Actions
Shortage
Level
Demand Reduction
Actions
Drop down list
These are the only
categories that will be
accepted by the WUEdata
online submittal tool.

Select those that apply.

How much is this
going to reduce the
shortage gap?
Include units used
(volume type or
percentage)
Additional Explanation or Reference
(optional)
Penalty,
Charge, or
Other
Enforcement?
For Retail
Suppliers
Only Drop
Down List
Add additional rows as needed
1 Expand Public
Information
Campaign
0 gpcd No
1 Other - Customers
must repair leaks,
breaks, and
malfunctions in a
timely manner
Supports other
demand
reduction
actions.

Repair all water leaks within five
(5) days of notification by the City
Public Works Department unless
other arrangements are made with
the City Public Works Dept.

Yes
1 Other - Require
automatic shut of
hoses
Supports other
demand
reduction
actions.

Use a hand-held hose equipped
with a positive shut-off nozzle or
bucket to water landscaped areas.

Yes
1 Other
Supports other
demand
reduction
actions.

Wash vehicle using a bucket, not
exceeding 5 gallons in capacity.

Avoid washing during hot
conditions when additional water
is required due to evaporation.

Yes
1 Other - Prohibit use
of potable water for
washing hard
surfaces
Supports other
demand
reduction
actions.

Exception allowed for alleviating
safety or sanitation hazards, in
which case, areas shall be washed
from water contained in a bucket
or container not exceeding 5
gallons in capacity.

Yes
1 Other 37 gpcd Complete installation of water
meters to service connections. No
2 Landscape - Limit
landscape irrigation
to specific days
31 gpcd 3 days/week. Yes
2 Landscape - Limit
landscape irrigation
to specific times
Supports other
demand
reduction
actions.

Customers shall not irrigate any
lawn or landscape area between
the hours of 10:00 am and 5:00 pm
on any day of the week.

Yes
3 Landscape - Limit
landscape irrigation
to specific days
22 gpcd 2 days/week Yes

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City of Atwater
Water Shortage Contingency Plan
September 2021
11 Submittal Table 8-2: Demand Reduction Actions
Shortage
Level
Demand Reduction
Actions
Drop down list
These are the only
categories that will be
accepted by the WUEdata
online submittal tool.

Select those that apply.

How much is this
going to reduce the
shortage gap?
Include units used
(volume type or
percentage)
Additional Explanation or Reference
(optional)
Penalty,
Charge, or
Other
Enforcement?
For Retail
Suppliers
Only Drop
Down List
4 Landscape - Limit
landscape irrigation
to specific days
22 gpcd 1 day/week Yes
5-6
Landscape - Limit
landscape irrigation
to specific days
22 gpcd Prohibit all landscape irrigation. Yes
5-6
Water Features -
Restrict water use
for decorative water
features, such as
fountains
Supports other
demand
reduction
actions.

Stop operating ornamental
fountains or similar decorative
water features unless recycled
water is used.

Yes
5-6
CII - Restaurants may
only serve water
upon request
Supports other
demand
reduction
actions.

Serve and refill water in
restaurants and other food service
establishments only upon request.

Yes
5-6
Other water feature
or swimming pool
restriction
Supports other
demand
reduction
actions.

Initial filling of swimming pools or
otherwise of the full capacity of a
pool over 2,500 gallons is
prohibited. Emptying and refilling
all pools is prohibited.

Yes
5-6
CII - Lodging
establishment must
offer opt out of linen
service
Supports other
demand
reduction
actions.

Offers guests in hotels, motels, and
other commercial lodging
establishments the option of not
laundering towels and linens daily.

Yes
NOTES: For the first violation, the consumer shall be issued an administrative with a warning. For the second violation, the consumer shall be issued an administrative citation in the amount of $50. For the third violation, the consumer shall be issued an administrative citation in the amount of $75. For the fourth violation, the consumer shall be issued an administrative citation in the amount of $250.

Water use reduction associated with the demand reduction actions for shortage levels 1 and 2 were primarily assigned to limiting landscape irrigation to a three-day water schedule and estimated to be the difference between the 2020 target per capita gross water use of 254 gpcd from the SB X7-7 tables in the 2020 UWMP and the average per capita gross water use achieved between 2016 – 2020.

Water use reduction associated with reducing landscape irrigation by one day was estimated by comparing the average water use for the three lowest months of each year with the annual average water use for the year on a per capita basis for 2016 – 2020, and assuming that outdoor water use was occurring

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City of Atwater
Water Shortage Contingency Plan
September 2021
12 three days per week. The overall difference between outdoor water use and baseline water use was divided by three to estimate outdoor water use per day. Tables 5-3 and 5-4 summarize the calculations for estimating the impacts from the demand reduction actions.

Table 5-3 Historical Water Production Data
Water Pumped (MG)
Year
Month # of days 2016 2017 2018 2019 2020
January 31 109.5 72.4 209.5 142.1 306.1
February 28 125.1 195.6 196.4 131.2 241.1
March 31 146.1 153.7 155.1 130.7 197.8
April 30 173.8 200.9 191.0 175.4 164.6
May 31 264.2 212.5 216.0 222.3 214.8
June 30 260.9 222.5 231.4 256.4 247.8
July 31 284.9 194.8 266.6 261.7 403.7
August 31 273.7 215.5 249.3 249.5 259.9
September 30 219.6 375.0 212.9 380.2 234.6
October 31 139.9 179.2 252.2 366.9 205.7
November 30 85.5 137.4 244.9 195.1 169.4
December 31 88.3 174.9 171.8 146.4 143.5
Total 2,171.6 2,334.3 2,597.1 2,658.0 2,789.1
Service Area Population a 29,962 30,375 30,794 31,218 31,648 Average water use, gpcd 199 211 231 233 241
Average water use, gpcd 223
Baseline water use (lowest 3 months), MG 283.34 384.73 577.69 404.05 518.56 Baseline b, gpcd 105 141 208 144 182
Baseline water use, gpcd 156
Estimated outdoor water use, gpcd 93 70 23 89 59
Average outdoor water use, gpcd 67 a 2016-2020 City of Atwater population data is from the California Department of Finance, Table E-5. b Baseline, gpcd is the Baseline water use (lowest 3 months) divided by the Service Area Population.

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City of Atwater
Water Shortage Contingency Plan
September 2021
13 Table 5-4 Shortage Gap Estimates
# Description Value
(1) Average Water Use without Demand Reduction Actions, gpcd (SB X7-7 2020 Target)
254
(2) Average Water Use after Shortage Level 1 and 2 Actions, gpcd (Average water use, 2016-2020)
223
(3) Estimated Reduction in Shortage Gap from Level 1 and 2 Actions, gpcd 31 (4) Average outdoor water use (3-day watering schedule), gpcd 67 (5) Reduction in Shortage Gap by one day reduction in watering schedule, gpcd 22 Notes:
(2) Average Water Use after Shortage Level 1 and 2 Actions = Average water use from Table 5-3. (3) Estimated Reduction in Shortage Gap from Level 1 and 2 Actions = (1) Average Water Use without Demand Reduction Actions - (2) Average Water Use after Shortage Level 1 and 2 Actions. (4) Average outdoor water use (3-day watering schedule) = Average outdoor water use from Table 5-3. (5) Reduction in Shortage Gap by one day reduction in watering schedule = (4) ÷ 3.

5.3 Operational Changes
The demand reduction options listed in Tables 5-1 and 5-2 (DWR Tables 8-2 and 8-3) include several operational changes. The operational changes are:
• Expand public information campaign.
• Improve customer billing.
• Offering water use surveys.
• Decrease line flushing.
• Reduce system water loss.
• Increase water waste patrols.
• Increase frequency of meter reading.
• Moratorium or net zero demand increase on new customers.

5.4 Additional Mandatory Prohibitions
Chapter 13.13.030 of the City’s MC includes the following mandatory prohibitions for all users:

1. Water abuse is prohibited. It shall be unlawful for any person to knowingly or willingly cause or allow any water delivered by the City water system and received by such person to become water waste runoff and to flow away from property owned or occupied by such person in any gutter, ditch or other manner over the surface of the ground. The definition of water abuse is excessive water flowing over the curb resulting in water running in the gutter a distance of 50 feet or directly into a catch basin.

2. Water waste runoff shall mean water flowing away from property caused by excessive application(s) of water delivered by the City water system beyond reasonable or practical flow rates, water volumes or duration of application.

3. Broken or defective plumbing, sprinklers, watering, or irrigation systems which permit the escape or leakage of water are prohibited. Repair all water leaks within five days of notification by the City Public Works Department unless other arrangements are made with the City Public Works Department.

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City of Atwater
Water Shortage Contingency Plan
September 2021
14 4. The use of water in any manner which causes, allows, or permits the flooding of any premises, or any portion thereof, is prohibited.

5. All uses of non-potable water without the permission of the Public Works Department are prohibited.

6. Stop washing down paved surfaces, including but not limited to sidewalks, driveways, parking lots, tennis courts, or patios, except when it is necessary to alleviate safety or sanitation hazards, in which case, such areas shall be washed from water contained in a bucket or container not exceeding five gallons in capacity.

7. Use a hand-held hose equipped with a positive shut-off nozzle or bucket to water landscaped areas, including trees and shrubs located on residential and commercial properties that are not irrigated by a landscape irrigation system.

8. Stop operating ornamental fountains or similar decorative water features unless recycled water is used.

9. Wash vehicles using a bucket, not exceeding five gallons in capacity, and a hand-held hose with positive shut-off nozzle, mobile high pressure/low volume wash system, or at a commercial site that re-circulates (reclaims) water on-site. Avoid washing during hot conditions when additional water is required due to evaporation.

10. Serve and refill water in restaurants and other food service establishments only upon request.

11. Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily.

12. Initial filling of new swimming pools or otherwise of the full capacity of a pool is allowed with permit. Draining and refilling pools are allowed for maintenance and cleaning with permit.

13. The application of water from public water supply to outdoor landscapes during or within 48 hours after any measurable rainfall is prohibited.

Chapter 13.13.030 of the City’s MC also includes additional mandatory prohibitions applicable to gardens and landscaping and new plantings.

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City of Atwater
Water Shortage Contingency Plan
September 2021
15 6 Seismic Risk Assessment and Mitigation Plan
Water Code Section 10632.5
(a) In addition to the requirements of paragraph (3) of subdivision (a) of Section 10632, beginning January 1, 2020, the plan shall include a seismic risk assessment and mitigation plan to assess the vulnerability of each of the various facilities of a water system and mitigate those vulnerabilities. (b) An urban water supplier shall update the seismic risk assessment and mitigation plan when updating its urban water management plan as required by Section 10621. (c) An urban water supplier may comply with this section by submitting, pursuant to Section 10644, a copy of the most recent adopted local hazard mitigation plan or multihazard mitigation plan under the federal Disaster Mitigation Act of 2000 (Public Law 106-390) if the local hazard mitigation plan or multihazard mitigation plan addresses seismic risk.

A copy of the Merced County Multi-Jurisdictional Local Hazard Mitigation Plan is included in Appendix B.

The plan was prepared in coordination with the Health and Safety Element of the Merced County General Plan, as the planning effort covers common overlapping issues. The plan is a multi-jurisdictional plan that covers the City, City of Livingston, City of Los Banos, and the unincorporated Merced County. The plan addresses seismic risk and satisfies the requirement of CWC Section 10632.5(a). 7 Communication Protocols
Water Code Section 10632 (a)(5)
Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:
(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.
(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1. (C) Any other relevant communications
In accordance with CWC 10632(a)(5), the City shall initiate communication procedures to inform customers, the public, interested parties, and local, regional, and state governments when the AWSAR predicts a current or predicted shortage and the shortage response actions that will be triggered or anticipated to be triggered.

The Water Conservation Ordinance (City’s MC Section 13.13) includes language that the current level of water conservation restrictions, and any change in said level of water conservation restrictions, shall be communicated to the public by reasonable means to ensure compliance, including but not limited to, posting on the City’s website, publishing in the local newspaper, and written notice to be included with the City’s water bills.

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City of Atwater
Water Shortage Contingency Plan
September 2021
16 8 Compliance and Enforcement
Water Code Section 10632 (a)(6)
For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2.

Customer compliance with the triggered shortage response actions will be enforced through penalties, as described in the City’s MC Section 13.13.040. City’s MC Section 13.13.040 includes details for an appeal process.
9 Legal Authorities
Water Code Section 10632 (a)(7)
(A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions. (B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1. [see below] (C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.

Water Code Section Division 1, Section 350
Declaration of water shortage emergency condition. The governing body of a distributor of a public water supply, whether publicly or privately owned and including a mutual water company, shall declare a water shortage emergency condition to prevail within the area served by such distributor whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the distributor to the extent that there would be insufficient water for human consumption, sanitation, and fire protection.

Chapter 13.13 of the City’s MC gives the City the authority to implement and enforce its shortage response actions. When the conditions deem it necessary, the City shall declare a water shortage emergency in accordance with Water Code Chapter 3 (commencing with Section 350) of Division 1 general provision regarding water shortage emergencies. Because the City is also the water supplier, City staff can coordinate the possible proclamation of a local emergency under California Government Code, California Emergency Services Act (Article 2, Section 8558).

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City of Atwater
Water Shortage Contingency Plan
September 2021
17 10 Financial Consequences of WSCP
Water Code Section 10632(a)(8)
A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:
(A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).
(B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4). (C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division

1. Revenues for the cost of operating the City’s water system are collected from customer water rates. The City has adopted a water rate that was effective on February 1, 2019. Rate increased are expected to increase on July 1st each year of the notice period from fiscal year end (FYE) 2019 to FYE 2023. The adopted water rate consists of fixed charges for metered and non-metered customers and water commodity rates.

When water conservation is encouraged and shortage response actions are activated, revenues will be reduced due to reduced consumption. However, the costs for operating the water system will not correspondingly decrease. There may also be additional costs associated with implementing the shortage response actions and enforcing compliance. The City annually adopts a budget for the upcoming fiscal year for the water enterprise funds. The budget summarizes the projected revenues and expenses for the City’s water production and distribution system for the upcoming fiscal year and the amended budget for the previous fiscal year. To mitigate reductions in revenue and increases in expenses associated with reduced consumption, the City may decide to use financial reserves, defer capital replacement projects or operations and maintenance activities and/or re-evaluate the water rates. 11 Monitoring and Reporting
Water Code Section 10632(a)(9)
For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.

In accordance with Senate Bill (SB) 229, the City has required installation of water meters on all new or replaced services installed since January 1, 1992. The City is partially metered for large industrial, commercial, multi-family, and landscape water services, and these services are read and billed monthly on a volume-of-use basis. Per the requirements of the CWC §527, water meters are to be installed on all municipal and industrial service connections located within its service area on or before January 1, 2025.

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City of Atwater
Water Shortage Contingency Plan
September 2021
18 12 Refining
Water Code Section 10632 (a)(10)
Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed.

The Annual Assessment, including monitoring and reporting procedures, will provide data to determine if the water shortage mitigation strategies are adequate for reducing water demands. If the data indicates that the strategies are not adequate or should be modified, the WSCP should be amended and be formally approved as described in Section 12.2.

12.1 Special Water Feature Distinction
Water Code Section 10632 (b)
For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.

In accordance with Water Code Section 10632 (b),swimming pools and spas are considered different from other water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains. The Swimming Pool Safety Act, as published by the International Code Council, is adopted by reference in Section 15.09.010 of the City MC and provides definitions for swimming pools, including spas.

12.2 Plan Adoption, Submittal and Availability

12.2.1 Notice to the Public
Water Code Section 10642
…Prior to adopting either [the plan or water shortage contingency plan], the urban water supplier shall make both of the plan and the water shortage contingency plan available for public inspection and shall hold a public hearing or hearings thereon. Prior to any of these hearings, notice of the time and place of the hearing shall be published within the jurisdiction of the publicly owned water supplier pursuant to Section 6066 of the Government Code [see below]. The urban water supplier shall provide notice of the time and place of a hearing to any city or county within which the supplier provides water supplies.

Government Code section 6066
Publication of notice pursuant to this section shall be once a week for two successive weeks. Two publications in a newspaper published once a week or oftener, with at least five days intervening between the respective publication dates not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day, including therein the first day.

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City of Atwater
Water Shortage Contingency Plan
September 2021
19 The City is committed to encouraging the active involvement of diverse social, cultural, and economic elements of its citizenry. The City placed a notice in the local newspaper stating that its WSCP has been prepared and that a public hearing would be conducted to take testimony from members of the community. A copy of this notification is included in Appendix C. The WSCP was made available for public inspection at the City Public Works Department, located at 470 Aviator Drive, and posted a copy of the WSCP on its website (www.atwater.org), prior to the public hearing.

12.2.2 Public Hearing and Adoption
Water Code Section 10642
…Prior to adopting either, the [plan or water shortage contingency plan], the urban water supplier shall make both the plan and the water shortage contingency plan available for public inspection and shall hold a public hearing or hearings thereon.

Water Code Section 10608.26
(a) In complying with this part, an urban retail water supplier shall conduct at least one public hearing to accomplish all of the following:
(1) Allow community input regarding the urban retail water supplier’s implementation plan for complying with this part.
(2) Consider the economic impacts of the urban retail water supplier’s implementation plan for complying with this part.
(3) Adopt a method, pursuant to subdivision (b) of Section 10608.20 for determining its urban water use target.

12.2.3 Public Hearing
A public hearing was held on XXXXXX, 2021 at the City Council Chamber. The hearing provided an opportunity for the City’s customers, residents, and employees to learn and ask questions about the current and future water supply of the City.

12.2.4 Adoption
Water Code Section 10642
…After the hearing or hearings, the plan or water shortage contingency plan shall be adopted as prepared or as modified after the hearing.

This WSCP was adopted by the City Council on XXXXX, 2021. A copy of the City resolution is included in Appendix D.

12.2.5 Plan Submittal
A copy of the WSCP will be submitted to DWR upon adoption by the City Council. The adopted WSCP will be submitted electronically to DWR using the WUEdata Portal submittal tool.

12.2.6 Submitting a UWMP to Cities and Counties
The 2020 UWMP will be submitted in electronic format to Merced County within 30 days of adoption.

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City of Atwater
Water Shortage Contingency Plan
September 2021
20 12.2.7 Public Availability
Water Code Section 10632 (a)(c)
The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan.

Water Code Section 10645
(a) Not later than 30 days after filing a copy of its plan with the department, the urban water supplier and the department shall make the plan available for public review during normal business hours. (b) Not later than 30 days after filing a copy of its water shortage contingency plan with the department, the urban water supplier and the department shall make the plan available for public review during normal business hours.

Within 30 days of submitting the WSCP to DWR, the adopted WSCP will be available for public review during normal business hours at the City Public Works Department. The City will also post a copy of the adopted WSCP on its website.

12.2.8 Notification to Public Utilities Commission
The City is not regulated by the California Public Utilities Commission.

12.2.9 Amending an Adopted Water Shortage Contingency Plan Water Code Section 10644 (b)
If an urban water supplier revises its water shortage contingency plan, the supplier shall submit to the department a copy of its water shortage contingency plan prepared…no later than 30 days after adoption, in accordance with protocols for submission and using electronic reporting tools developed by the department.

If the City revises the WSCP, copies of amendments or changes to the plans will be submitted electronically to the DWR through the WUEdata Portal within 30 days of its adoption.

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City of Atwater
Water Shortage Contingency Plan
September 2021
A
Appendix A
Water Conservation Ordinance

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CHAPTER 13.13 - WATER CONSERVATION PROGRAM[3]
Footnotes:
--- (3) ---
Editor's note— Ord. CS 966, § 3, adopted May 26, 2015, repealed the former Ch. 13.13, §§

13.13.010 13.13.040, and enacted a new chapter as set out herein. The former Ch. 13.13 pertained to similar subject matter and derived from Ord. CS 906, § 2, adopted June 8, 2009; and Ord. CS 953, §§ 1—3, adopted April 28, 2014.

13.13.010 - Purpose.

The purpose of this chapter is to promote the efficient use and reuse of water by all City of Atwater water service customers by requiring that all new construction projects and existing customers use water as efficiently as possible and comply with new development standards, landscape water use efficiency standards, and water waste prohibition regulations. (Ord. CS 966, § 3, 5-26-2015)

13.13.020 - Rules and regulations.

These provisions shall apply to all persons using water in the City regardless of whether any person using water shall have a contract for water service with the City. In addition to all other provisions and requirements of this chapter, the City may from time to time by resolution, establish additional rules and regulations concerning the operation of the municipal water system, the use of water, and water conservation.
(Ord. CS 966, § 3, 5-26-2015)

13.13.030 - Prohibited uses—Mandatory.

The Water Conservation Program shall be in effect year-round.

The following uses, methods, types, or techniques of the use of water are hereby determined and declared nonessential and are prohibited:

A. All Users.

1. Water abuse is prohibited. It shall be unlawful for any person to knowingly or willingly cause or allow any water delivered by the City water system and received by such person to become water waste runoff and to flow away from property owned or occupied by such person in any gutter, ditch, or other manner over the surface of the ground. The definition of water abuse is excessive water flowing over the curb resulting in water running in the gutter a distance of 50 feet or directly into a catch basin.

3. Broken or defective plumbing, sprinklers, watering, or irrigation systems which permit the escape or leakage of water are prohibited. Repair all water leaks within five days of

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notification by the City Public Works Department unless other arrangements are made with the City Public Works Department.

4. The use of water in any manner which causes, allows, or permits the flooding of any premises, or any portion thereof, is prohibited.

5. All uses of non-potable water without the permission of the Public Works Department are prohibited.

8. Stop operating ornamental fountains or similar decorative water features unless recycled water is used.

10. Serve and refill water in restaurants and other food service establishments only upon request.

11. Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily.

12. Initial filling of new swimming pools or otherwise of the full capacity of a pool is allowed with permit. Draining and refilling pools are allowed for maintenance and cleaning with permit.

13. The application of water from public water supply to outdoor landscapes during or within 48 hours after any measurable rainfall is prohibited.

B. Gardens and Landscaping. Consumers shall not irrigate any lawn or landscaped area between the hours of 10:00 a.m. and 5:00 p.m. on any day of the week.

1. Even numbered addresses are assigned watering days on Tuesdays, Thursdays, and Saturdays from 12:01 a.m. to 10:00 a.m. and 5:00 p.m. to 11:59 p.m.

2. Odd numbered addresses are assigned watering days on Sundays, Wednesdays, and Fridays from 12:01 a.m. to 10:00 a.m. and 5:00 p.m. to 11:59 p.m.

3. Watering on Mondays is prohibited.

4. This section shall not apply to commercial growers or nurseries.

C. New Planting. Notwithstanding the prohibitions contained in subsection B of this section, new lawns, ground covers, or bedding plants may be watered every day between 7:00 p.m. and 7:00 a.m. provided the following conditions are met:

1. New lawns, ground covers, or bedding shall not include reseeding of existing lawns or replacement of existing ground cover, or bedding plants, and shall be newly rototilled earth.

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2. The Public Works Director may impose such other restrictions as are deemed necessary to prevent the waste of water.
(Ord. CS 966, § 3, 5-26-2015; Ord. CS 972, § 1, 6-13-2016; Ord. CS 994, § 1, 4-9-2018; Ord. CS 998, § 1, 7- 9-2018)

13.13.040 - Enforcement and penalties.

A. Any violation of this chapter is declared a public nuisance and the following penalties shall apply to such violations:

1. Each violation of this chapter may be prosecuted as a misdemeanor punishable by imprisonment in the County jail for not more than 30 days or by a fine not exceeding $1,000.00, or by both as provided in Water Code § 377.

2. Each day that a violation of this chapter occurs is a separate offense.

3. Administrative penalties may be levied for each violation of a provision of this chapter in accordance with Water Code §§ 71590 and 71600 as follows:
a. For the first violation of this chapter, the consumer shall be issued an administrative citation with a warning.
b. For the second violation of this chapter within a period of one year, the consumer shall be issued an administrative citation in the amount of $50.00. c. For the third violation of this chapter within a period of one year, the consumer shall be issued an administrative citation in the amount of $75.00. d. For the fourth violation of this chapter, and any subsequent violation within a period of one year, the consumer shall be issued an administrative citation in the amount of $250.00. In addition, as part of the penalty for the fourth violation, the consumer and the property owner, if different than the consumer, shall be notified that the City will be installing a water meter, if one does not already exist, at the property owner's expense. The consumer or property owner will have the right to appeal the placement of the water meter on said property pursuant to subsection B. below.

4. The foregoing provisions are cumulative and in addition to any other remedies or penalties authorized or imposed under any other provision of this Code or other applicable law or regulation.

B. Right to Appeal.

1. The person receiving an administrative citation under this chapter shall have the right of appeal prior to the imposition of any penalty fee. The appeal hearing shall be informal and held before a hearing officer appointed by the City Manager, who shall make the final administrative determination regarding the matter.

2. The person receiving an administrative citation under this chapter must request an appeal hearing, in writing, within ten days from the date the administrative citation was served.

The request for hearing shall be addressed to the City Clerk who will assign a hearing officer.

Failure to properly serve a request for hearing within the ten-day period shall be deemed a waiver of rights to appeal the matter, and the penalty fee will become final and subject to collection.

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3. The hearing officer shall give written notice and issue a decision in accordance with Section

8.32.080 of this Code.

C. Enforcement. The Public Works Director, or his/her designee(s), shall be responsible for the enforcement of this chapter.
(Ord. CS 966, § 3, 5-26-2015)

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City of Atwater
Water Shortage Contingency Plan
September 2021
B
Appendix B
Merced County Multi-Jurisdictional Local Hazard Mitigation Plan

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City of Atwater
Water Shortage Contingency Plan
September 2021
C
Appendix C
Notices to Public and Public Outreach Efforts

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PLANNING DEPARTMENT
750 BELLEVUE ROAD
ATWATER, CA 95301
(209) 357-63337

CITY OF ATWATER

NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing will be held by the City Council of the City of Atwater on March 14, 2022, at 6:00 PM, or as soon thereafter as may be heard, in the City Council Chambers located at 750 Bellevue Road, Atwater, California, to consider the following:

Approval of the 2020 Draft Urban Water Management Plan and Water Shortage Contingency Plan
All interested persons are invited to attend the meeting and make comments, or written comments may be submitted to the Planning Secretary. A copy of the Draft Plan for review and adoption is on the City’s website at https://www.atwater.org/draft-2020- uwmp/ and open to public inspection at the City of Atwater Planning Division, 750 Bellevue Road, Atwater, CA 95301.
/s/ Greg Thompson,
Public Works / Community Development Director
City of Atwater

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AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth 19288 220032 Print Legal Ad - IPL0061065 $139.44 1 31 L Attention: Margarita Saavedra

CITY OF ATWATER
750 BELLEVUE RD
ATWATER, CA 95301
Declaration of Publication
2015.5 C.C.P.

STATE OF CALIFORNIA )
) ss.

County of Merced )
I am a citizen of the United States; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the
printer of the Merced Sun Star, a newspaper of general
circulation, printed and published in the city of Merced, County of Merced, and which newspaper has been
adjudged a newspaper of general circulation by the
Superior Court of the County of Merced, State of
California, under the date of July 14, 1964 Case Number 33224 that the notice, of which the annexed is a printed copy, has been published in each regular and entire
issue of said newspaper and not in any supplement
thereof on the following dates, to wit:

No. of Insertions: 2
Beginning Issue of: 02/21/2022
Ending Issue of: 02/28/2022
I certify (or declare) under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Dallas, Texas on:

Date: 28th, day of February, 2022
Notary Public in and for the state of Texas, residing in Dallas County
Extra charge for lost or duplicate affidavits.

Legal document please do not destroy!

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City of Atwater
Water Shortage Contingency Plan
September 2021
D
Appendix D
City Resolution Adopting WSCP

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Appendix D will be inserted when available.

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City of Atwater
Draft 2020 Urban Water Management Plan
September 2021
I
Appendix I
Water Rate Schedule

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Exhibit A
Adopted Water Rates
The adopted water rates are shown below. Rate increases will be effective on July 1st each year of the notice period, with the exception of the rate increase for FYE 2019, which will go into effect on February 1, 2019.

Adopted 5-Yr Water Metered Fixed Charges ($/Month)
Meter Size FYE 2019 Adopted
Fixed Charge
FYE 2020 Adopted
Fixed Charge
FYE 2021 Adopted
Fixed Charge
FYE 2022 Adopted
Fixed Charge
FYE 2023 Adopted
Fixed Charge
3/4 and less * $39.10 $43.01 $47.31 $52.04 $57.25
1" ** $44.67 $49.14 $54.05 $59.46 $65.40
1 1/2" $58.58 $64.44 $70.88 $77.97 $85.77
2" $75.28 $82.81 $91.09 $100.20 $110.22
3" $128.17 $140.99 $155.09 $170.59 $187.65
4" $206.10 $226.71 $249.38 $274.32 $301.75
6" $392.58 $431.84 $475.02 $522.52 $574.78
8" $810.08 $891.09 $980.20 $1,078.22 $1,186.04
Shared $44.67 $49.14 $54.05 $59.46 $65.40
30x3 $134.01 $147.41 $162.15 $178.37 $196.20
32x4 $234.32 $257.75 $283.53 $311.88 $343.07
* Includes the following prior classifications: 5/8” – 3/4"; and 5/8” – 3/4" Shared ** Includes the following prior classifications: 1” with 50’ or less; 1” with 101’ or more; 1” with 151’ or more Adopted 5-Yr Water Non-Metered Fixed Charges ($/Month)
Frontage Size
FYE 2019
Adopted Fixed
Charge
FYE 2020
Adopted Fixed
Charge
FYE 2021
Adopted Fixed
Charge
FYE 2022
Adopted Fixed
Charge
FYE 2023
Adopted Fixed
Charge
Multi-Family $28.59 $31.45 $34.59 $38.05 $41.86
50' or Less $34.06 $37.47 $41.21 $45.33 $49.87
51' - 100' $39.53 $43.48 $47.83 $52.61 $57.88
101' - 150' $50.46 $55.51 $61.06 $67.16 $73.88
151' - 200' $61.39 $67.53 $74.28 $81.71 $89.88
200' or Over $66.86 $73.55 $80.90 $88.99 $97.89
Adopted 5-Yr Water Commodity Rates ($/T-gal above 19 T-gal Minimum) Units
FYE 2019
Adopted
Commodity
Charge
FYE 2020
Adopted
Commodity
Charge
FYE 2021
Adopted
Commodity
Charge
FYE 2022
Adopted
Commodity
Charge
FYE 2023
Adopted
Commodity
Charge
Billable Units $1.39 $1.53 $1.68 $1.85 $2.04

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City of Atwater
Draft 2020 Urban Water Management Plan
September 2021
J
Appendix J
UWMP Adoption Resolution

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Appendix J will be inserted when available.

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CITY COUNCIL

AGENDA REPORT

MEETING DATE: March 14, 2022
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED BY: Michael Salvador, Police Chief
SUBJECT: Waiving the first reading and introducing an ordinance of the City Council adopting a Military Equipment Use Policy and adding said Policy to the Atwater Police Department Policy Manual (Police Chief Salvador)

RECOMMENDED COUNCIL ACTION
Open the public hearing and receive any testimony given; Close the public hearing;
Motion to waive the first reading and introduce Ordinance No. CS 1045 adopting a Military Equipment Use Policy and adding said Policy to the Atwater Police Department Policy Manual; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

The City Council has a long-standing commitment to ensure that the Atwater Police Department has equipment necessary to safeguard the lives of the citizens of Atwater.

Effective January 1, 2022, Assembly Bill 481 (AB 481 or the Bill), codified in Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a “military equipment” use Policy (the Policy) by ordinance (the Ordinance), prior to the LEA funding, acquiring, or using military equipment.

The Atwater Police Department (APD) seeks City Council adoption of the attached Military Equipment Use Policy – Policy 710 (Exhibit "A"), to allow APD to continue to use the vital equipment specified therein, as well as acquire one piece of new equipment.

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

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Agenda Report - Page 2
Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for LEAs throughout the country. These tools have been tested in the field, and are used by LEAs to enhance citizen safety and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the APD.

The term “military equipment," as used in AB 481, in fact, does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “Military equipment” include, but is not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal 37mm launchers, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs.

APD is committed to using the most up-to-date tools and equipment to safeguard the citizens of Atwater. Many items deemed to be “military equipment” by AB 481 are in fact employed by APD, and LEA’s across the country, to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and the accompanying Military Equipment Use Policy, also provide APD’s peace officers with vital tools that facilitate compliance with its stringent Use of Force Policy.

Other items deemed to be “military equipment” via AB 481 include foundational equipment such as rifles. These rifles allow peace officers to address lethal threats from a greater distance and with greater precision.

There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers with as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified below is vital to APD’s mission and will continue to be strictly regulated through internal processes and oversight.

The proposed ordinance seeks to approve APD’s Policy 710, which constitutes APD’s Military Equipment Use Policy. Policy 710 outlines each item identified in Government Code section 7070 that is currently owned by the City. The Policy also includes the current use and cost of each item (Exhibit A). These items, and their stated uses, were in place prior to the implementation of AB 481. Future acquisitions of any item deemed to be “military equipment” will require a further public meeting, policy update, and council approval.

The proposed Policy 710 safeguards the public’s welfare, safety, civil rights, and civil liberties. Policy 710 ensures that there are safeguards, including transparency, oversight, and accountability measures in place. For instance, Policy 710 requires that the APD Military Equipment Coordinator will ensure that APD complies with Policy 710.

APD will conduct an annual audit of military equipment. Violations of Policy 710 will be corrected when discovered. Members of the public are provided directions per the policy on how to register complaints about violations.

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Agenda Report - Page 3
All items which result in a use of force will be investigated, as is already required by existing APD Policy. As required by law, the draft of the policy must be posted on the Police Department's website for 30 days prior to the public hearing. The policy being considered with this item (Exhibit A) was published on the Police Department's Website on February 11th, 2022.

This policy has provisions in it to allow for mutual aid and outside agencies to use their equipment covered by statute in the City of Atwater if in compliance with the law.

There are no reasonable alternatives to the items listed below. Alternative items that have not been discovered that can achieve the same objectives of officer and civilian safety. Each item’s necessity is further described below:

Specialized firearms and ammunition, including assault weapons: Patrol rifles and Special Weapons and Tactics (SWAT) rifles enable officers, when in compliance with the APD’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and longdistance deployments, they allow officers precision shot placement, minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance or precision. 40mm/37mm projectile launchers: The 40mm/37mm launcher affords the ability to use less lethal chemical agents and impact munitions. This allows officers to address a threat from a greater distance and provides an alternative option for deadly force when reasonable. When necessary, there is no alternative to this less lethal weapon system.

II. FISCAL IMPACTS:

This item has no immediate fiscal impact. The item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

The item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

This item is consistent with goal number two (2) of the City's 2020-2025 Strategic Plan:
to improve public safety.

V. ALTERNATIVES:

N/A

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Agenda Report - Page 4
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The law requires yearly workshops and meetings for public stakeholders and other interested parties to review the policy and provide public input on the use of the involved equipment.

The Public Hearing notice was adequately noticed and advertised. The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This project is exempt from the requirements of the California Environmental Quality Act ("CEQA") per Section 15061(b)(3) of the CEQA Guidelines in that it is not a project which has the potential to cause a significant effect on the environment.

IX. STEPS FOLLOWING APPROVAL:

This second reading and adoption of the ordinance is scheduled for the next regular City Council meeting of March 28, 2022.

Submitted by:

Michael Salvador, Police Chief
Approved by:

Lori Waterman, City Manager
Attachments:

1. Exhibit A - Military Equipment Use Policy 710

2. Ordinance No. CS 1045 - Adopting Military Equipment Use Police and adding to Atwater Police Department Policy Manual

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Policy
710
Atwater Police Department
Atwater PD Policy Manual
Copyright Lexipol, LLC 2022/02/07, All Rights Reserved.

Published with permission by Atwater Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
710.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
710.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

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Atwater Police Department
Atwater PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/07, All Rights Reserved.

Published with permission by Atwater Police Department ***DRAFT*** Military Equipment - 2 710.2 POLICY
It is the policy of the Atwater Police Department that members of this department comply with the provisions of Government Code § 7070-7075 with respect to military equipment. 710.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Atwater Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
710.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

SEMI AUTO RIFLES CA Gov't Code §7070(c)(10): Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

Description, Quantity, capabilities

1. AR-15 Patrol Rifle, Semi-Automatic, Caliber 5.56. To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible in accordance with department policy, state and federal statute. (a) Authorized Users: Only members that have completed the POST certified patrol rifle class are authorized to use a rifle.
(b) Quantity; 36

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Atwater Police Department
Atwater PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/07, All Rights Reserved.

Published with permission by Atwater Police Department ***DRAFT*** Military Equipment - 3 (c) Ammunition: 15000 rounds
SELECT FIRE RIFLES CA Gov't Code §7070(c)(10): Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

Description, Quantity, capabilities

1. M4 Rifle, Select Fire, Caliber 5.56. To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible in accordance with department policy, state and federal statute. (a) Authorized Users: Only members that have completed the POST certified patrol rifle class and are assigned the Merced County SWAT team are authorized to use the rifle.
(b) Quantity: 1
(c) Ammumtion: See Above
40MM SINGLE SHOT LAUNCHER CA Gov't Code §7070(c)(14): The 40MM Single Launcher is a tactical single shot launcher that will fire standard 40mm less lethal ammunition or deploy chemical agents.

1. Quantity: 1

2. Authorized Users: Only members that have completed in service training and POST training are authorized to use a 40mm Single Shot Launcher. 37MM SINGLE SHOT LAUNCHER CA Gov't Code §7070(c)(14): The 37MM Single Launcher is a tactical single shot launcher that will fire standard 37mm less lethal ammunition or deploy chemical agents.

1. Quantity: 1 (inoperable)

2. Authorized Users: Only members that have completed in service training and POST training are authorized to use a 37mm Single Shot Launcher.

SEMI AUTO TRAINING RIFLES CA Gov't Code §7070(c)(10): The Department possess several AK47/SKS style rifles for the purposes of weapon safety and familiarization.

1. Quantity: 2

2. Authorized Users: Range and armorer staff to provide officer safety and evidence safety training to line staff.

MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 50% of stock in a calendar year without city council approval to maintain essential availability for the Department's needs.

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Atwater Police Department
Atwater PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/07, All Rights Reserved.

Published with permission by Atwater Police Department ***DRAFT*** Military Equipment - 4 710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Although Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy, It is the policy of the Atwater Police Department to allow law enforcement agencies providing mutual aid or operating within the jurisdiction of the Atwater Police Department to use military equipment authorized by compliant Government Code 7071 compliant ordinances and agency policies from their home jurisdictions. Goverment Code 7071 (D) 710.7 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use Military Equipment that is not included in the Military Equipment Use Policy.

If the Police Department acquires, borrows, and/or uses Military Equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
• Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

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Atwater Police Department
Atwater PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/07, All Rights Reserved.

Published with permission by Atwater Police Department ***DRAFT*** Military Equipment - 5 • If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
• Include the Military Equipment in the Police Department’s next annual Military Equipment Report.
710.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 710.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
710.10 COMPLAINT PROCEDURE
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:
(a) Via email to: [email protected]
(b) Via phone call to: (209) 357-6298
(c) Via mail sent to: Atwater Police Department Attn: Military Equipment Use Coordinator 750 Bellevue Rd. Atwater, CA 95301.

The Atwater Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.

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CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS 1045

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ATWATER ADOPTING A MILITARY

EQUIPMENT USE POLICY AND ADDING SAID

POLICY TO THE ATWATER POLICE

DEPARTMENT POLICY MANUAL
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, the proposed military equipment use policy is found within Atwater Police Department General Order 710; and
WHEREAS, Atwater Police Department General Order 710 was published on the Atwater Police Department’s internet website on February 10, 2022 and the Atwater Police Department General Order 710 was presented to the City Council on March 14, 2022; and
WHEREAS, the Atwater Police Department General Order 710 meets the requirements of California Government Code section 7070, subdivision (d); and WHEREAS, this Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.

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Ordinance No. CS 1045 Page 2
If the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment or require modifications to the Policy in a manner to resolve the lack of compliance.

NOW, THEREFORE, be it ordained by the City Council of the City of Atwater as follows:

Section 1: Findings.

Based on the recitals above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in Atwater Police Department General Order 710 is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. Atwater Police Department General Order 710 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in Atwater Police Department General Order 710 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use compiled with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

5. Atwater Police Department Policy No. 710 is approved and adopted as an addition to the Atwater Police Department Policy Manual.

INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

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Ordinance No. CS 1045 Page 3
APPROVED:
________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_________________________________

LUCY ARMSTRONG, CITY CLERK

Page 782 of 824 ends

CITY COUNCIL

AGENDA REPORT

MEETING DATE: March 14, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Justin Vinson
SUBJECT: Waiving the first reading and introducing an ordinance of the City Council amending Section 8.16, "Solid Waste,
Recyclables, and Organic Waste Collection," of Title 8, "Health and Safety," of the Atwater Municipal Code (Public
Works/Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Motion to waive the first reading and introduce Ordinance No. CS 1047 amending Section 8.16, "Solid Waste, Recyclables, and Organic Waste Collection," of Title 8, "Health and Safety," of the Atwater Municipal Code; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

In 2016, the State of California passed Senate Bill 1383 (SB 1383) that directed the California Department of Resources Recycling and Recovery (CalRecycle) to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025. SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of edible food that is currently thrown away. These SB1383 regulations took effect January 1, 2022 and require the City of Atwater to adopt an ordinance to enforce the SB1383 Regulations.

To comply with SB 1383 Regulations, staff has added verbiage to the municipal code to bring the City into compliance with CalRecycle. This includes adding organic waste verbiage throughout the City ordinance, identifying that source separate organic waste should be placed in green containers, setting requirements for tier one and tier two commercial edible food generators, new requirements for the hauler and facility operator of the City's refuse, and giving City staff or designees the authority to conduct inspections.

II. FISCAL IMPACTS:

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Page 783 of 824 ends

Agenda Report - Page 2
This item has no immediate fiscal impact. The item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The public will have the opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

The second reading and adoption of the ordinance is scheduled for the next regular City Council meeting of March 28, 2022.

Submitted by:

Greg Thompson, Public Works/Community Development Director

Page 784 of 824 ends

Agenda Report - Page 3
Approved by:

Lori Waterman, City Manager
Attachments:

1. Ordinance No. CS 1047 - Amending Section 8.16, Title 8 of AMC

2. Current Section 8.16

Page 785 of 824 ends

CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS 1047

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATWATER AMENDING SECTION 8.16,
“SOLID WASTE, RECYCLABLES, AND ORGANIC
WASTE COLLECTION” OF TITLE 8, “HEALTH
AND SAFETY” OF THE ATWATER MUNICIPAL
CODE
WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recover (CalRecycle) to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025; and WHEREAS, SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of edible food that is currently thrown away; and WHEREAS, CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12 (Short-Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations (SB 1383 Regulations); and
WHEREAS, the SB 1383 Regulations take effect January 1, 2022, and requires the City of Atwater to adopt an ordinance to enforce the SB 1383 Regulations by said date; and WHEREAS, the City Council desires to amend its Solid Waste, Recyclables, and Organic Waste Collection Ordinance to comply with the SB 1383 Regulations.

NOW, THEREFORE, be it ordained by the City Council of the City of Atwater as follows:

Section 1: Chapter 8.16 is hereby amended in its entirety as set forth in EXHIBIT “A,” incorporated by this reference.

Section 2: Environmental review is not required because adoption of this Ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378 (b)(5) (organization or administrative activities of governments not a project).

Page 786 of 824 ends

Ordinance No. CS 1047 Page 2
Section 3: If any section, subsection, clause, or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid by a court of competent jurisdiction, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.

Section 4: No less than five days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section 36933. The City Clerk will certify to the passage of this Ordinance by the City Council of the City of Atwater, California, and cause a summary to be published once within fifteen (15) days after its passage in a newspaper of general circulation, printed, published, and circulated in the City in accordance with Government Code section 36933.

SECTION 5: This Ordinance shall take effect and be in full force 30 days after its adoption.

INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

APPROVED:
________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_________________________________

LUCY ARMSTRONG, CITY CLERK

Page 787 of 824 ends

Ordinance No. CS 1047 Page 3

EXHIBIT A
Chapter 8.16

SOLID WASTE, RECYCLABLES, AND ORGANIC WASTE COLLECTION

8.16.010 - Purpose.

8.16.020 - Definitions.

8.16.030 - Right to exclusive contract.

8.16.040 - Unlawful deposits on public rights-of-way.

8.16.050 - Unlawful deposits on vacant lots or parcels of land.

8.16.060 - Bin specifications.

8.16.070 - Nonapproved Containers unacceptable for
collection.

8.16.080 - Location of Containers.

8.16.090 - Contents of Containers.

8.16.100 - Frequency of pickup—General.

8.16.110 - Frequency of pickup—Residential.

8.16.120 - Frequency of pickup—Commercial, industrial,
or institutional.

8.16.130 - Common collection point.

8.16.140 - Initiation or change of service.

8.16.150 - Volume of regular service, weekly.

8.16.160 - Non-scheduled pickup.

8.16.170 - Dead animal pickup.

8.16.180 - Disposal of uncontained yard and garden
trimmings.

8.16.190 - Removal of sod, concrete, and extra-large
items.

8.16.200 - Collection and disposal of dangerous
materials.

8.16.210 - Discontinuation of service—Residential.

8.16.220 - Discontinuation of service—Bins.

8.16.230 - Fees for service.

8.16.240 - Billing and payment.

8.16.250 - Scavenging.

8.16.260 - Requirements for Single-Family Generators.

8.16.270 - Requirements for Commercial Businesses.

8.16.280 - Waivers for Generators.

8.16.290 - Requirements for Commercial Edible Food
Generators.

8.16.300 - Requirements for Food Recovery
Organizations and Services.

8.16.310 - Requirements for Haulers and Facility
Operators.

8.16.320 - Self-Hauler Requirements.

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Ordinance No. CS 1047 Page 4

8.16.330 - Inspections and Investigations.

8.16.340 - Violations.

Page 789 of 824 ends

Ordinance No. CS 1047 Page 5

8.16.010 -- Purpose.

In order to provide for the control of accumulation, Collection, and disposal of Solid Waste, Recyclable Materials, and
Organic Waste within the City, the City does hereby provide for the Collection of such waste upon the schedules, terms, and conditions set forth in this chapter. The City has
determined that in order to promote the public health, safety, and welfare, the Collection and disposal of such waste shall be conducted exclusively by the City and/or its duly
designated representatives. Removal of Solid Waste,
Recyclable Materials, or Organic Waste by Persons other than those designated by the City or otherwise exempted is prohibited.

8.16.020 -- Definitions.

As used in this chapter:

A. “Act” means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), as it may be amended from time to time.

B. "Bin" means a metal Container having a capacity of one, three, four, five, six, or eight cubic yards which has been manufactured in such a way that it can be mechanically lifted and unloaded by metal prongs of a standard front-end loading packer refuse truck.

C. “Black Container” has the same meaning as in 14 CCR § 18982.2(a)(28) and shall be used for the purpose of storage and collection of Black Container Waste.

D. “Black Container Waste” means all Solid Waste that is collected in a Black Container that is part of a two- or three-Container Solid Waste Collection service and is not suitable for placement in a Green Container or, for a Commercial Business, a Blue Container.

E. “Blue Container” has the same meaning as in 14 CCR § 18982.2(a)(5) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials by Commercial Generators.

F. “California Code of Regulations” or “CCR” means the California Code of Regulations.

G. “CalRecycle” means the California Department of Resources Recycling and Recovery.

Page 790 of 824 ends

Ordinance No. CS 1047 Page 6
H. “Cart” means a two-wheeled Container with a lid used to hold Solid Waste, Recyclables, or Organic Waste that is provided by the City's Collector and designed to be automatically emptied by the operator of a waste Collection vehicle.

I. “City” means the City of Atwater, California.

J. “City Council” means the City Council of Atwater, California.

K. “Collection” means the act of collecting Solid Waste, including Recyclable Materials and Organic Waste, at or near the place of generation by a Collector who has made arrangements with the Generator for the Collection of the Solid Waste, Recyclable Materials, and Organic Waste.

L. “Collector” means a Person, Persons, local agency, firm, corporation, or other entity contracted, franchised, authorized, permitted, or licensed by the City to make arrangements with Generators for the Collection of Solid Waste, Recyclable Material, and Organic Waste within the City.

M. “Commercial” or “Commercial Business” means a business, industrial, or commercial establishment, or construction site, and any Multi-Family Residential Dwelling with five (5) units or more on one (1) account.

N. “Commercial Bins” means Bins provided by a Collector, designed for the deposit of Solid Waste, including Recyclable Materials and Organic Waste, charged at Commercial rates.

O. “Commercial Premises” means all Premises in the City, other than Residential Premises, where Solid Waste, including Recyclable Materials and Organic Waste, is generated or accumulated. The term “commercial premises” includes, but is not limited to, stores; restaurants; rooming houses; hotels; motels; office buildings; department stores; manufacturing, processing or assembling shops or plants; hospitals; clinics; and nursing homes.

P. “Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR § 17855(a)(4); or, as otherwise defined by 14 CCR § 18982(a)(8).

Q. “Compliance Review” means a review of records by the City to determine compliance with this chapter.

Page 791 of 824 ends

Ordinance No. CS 1047 Page 7
R. “Container” means any Bin, cart, vessel, can, or receptacle used for collecting Solid Waste, Recyclable Materials, and Organic Waste, for removal by an authorized Collector.

S. “Container Contamination” or “Contaminated Container” means a Container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).

T. “County” means Merced County.

U. “Designated Recycling Collection Location” means the place designated by the Collector for the collection of Recyclables. This location may be, but the City does not require that it be, at the curbside of a Residential neighborhood or the service alley of a Commercial enterprise.

V. “Designated Source Separated Organic Waste Facility” means a Solid Waste facility that accepts a Source Separated Organic Waste Collection stream, or as otherwise defined in 14 CCR § 18982(a)(14.5).

W. “Dwelling” means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except “Dwelling” does not include hospitals, hotels, motels, nursing homes, or convalescent centers.

X. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). Edible Food is not Solid Waste if it is recovered and not discarded.

Y. “Enforcement Action” means an action of the City to address noncompliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Z. “Enforcement Officer” means the City Manager, County administrative official, chief operating officer, executive director, public works director, or other executive in charge or their authorized designees who is/are partially or wholly responsible for enforcing this chapter.

AA. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).

BB. “Food Recovery Organization” means an entity that engages in the Collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery, either directly or through other entities or as otherwise defined in 14 CCR § 18982(a)(25), including, but not limited to:

Page 792 of 824 ends

Ordinance No. CS 1047 Page 8

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

CC. “Food Recovery Service” means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR § 18982(a)(26).

DD. “Food Waste” means food scraps separated from Solid Waste and offered for Collection by Collector, that will decompose and/or putrefy including (i) all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs; and (ii) paper waste contaminated with food waste.

EE. “Generator” means any Person or other entity who is responsible for the initial creation of Solid Waste.

FF. “Green Container” has the same meaning as in 14 CCR § 18982.2(a)(29) and shall be used for the purpose of storage and Collection of Source Separated Green Waste and, after a Designated Source Separated Organic Waste Facility is constructed by the County and is operational, shall be used for the purpose of storage and Collection of Source Separated Green Container Organic Waste generally.

GG. “Green Waste” means any Organic Waste generated from any landscape, including but not limited to, grass clippings, leaves, prunings, tree trimmings, pine needles, weeds, branches, and brush collected pursuant to this chapter.

HH. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR § 18982(a)(30).

II. “Hazardous Waste” means any waste, substance, or mixture of wastes defined as a “hazardous substance” or “hazardous waste” pursuant to the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9601 et seq., the California Health and Safety

Page 793 of 824 ends

Ordinance No. CS 1047 Page 9
Code and all future amendments, or as defined by the California Integrated Waste Management Board, or its successor, and any consumer product with the characteristics of a hazardous substance. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or Solid Waste, the term “hazardous waste” shall be construed to have the broader, more encompassing definition.

JJ. “Inspection” means a site visit where the City reviews records, Containers, and an entity’s Collection, handling, Recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR § 18982(a)(35).

KK. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

LL. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.

MM. “Local Education Agency” means a school district, charter school, or County office of education that is not subject to the control of City or County regulations related to Solid Waste, or as otherwise defined in 14 CCR § 18982(a)(40).

NN. “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to Residential Premises with five (5) or more Dwelling units. MultiFamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

OO. “Notice of Violation” or “NOV” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4.

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PP. “Organics,” “Organic Waste,” and “Organic Material” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, Food Waste, Green Waste, non-Hazardous wood waste, and unwaxed, food-soiled paper.

QQ. “Organic Waste Generator” means a Person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR § 18982(a)(48).

RR. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR § 18982(a)(51).

SS. "Patron" means a Generator that uses the services of Collection and disposal of Solid Waste, Recyclable Materials, and/or Organic Waste by the City or its Collector.

TT. “Person” or “Persons” means an individual, group of individuals, and/or any legal entity recognized by the laws of the State.

UU. “Place” or “Premises” means every Dwelling house; Dwelling unit; apartment house or multiple Dwelling building; trailer or mobile home park; store; restaurant; rooming house; hotel; motel; office building; department store; manufacturing, processing, or assembling shop or plant; and every place or premises where any person resides, or any business is carried on or conducted within the City or any other site upon which Solid Waste is produced or accumulates.

VV. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR § 18982(a)(54).

WW. “Prohibited Container Contaminants” means the following: (i) discarded materials placed in a Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) discarded materials placed in a Green Container that are not identified as acceptable Source Separated Green Waste for the City’s Green Container; (iii) after the construction and operation of a Designated Source Separated Organic Waste Facility, discarded materials placed in a Green Container that are not identified as acceptable Source Separated Organic Materials for the City’s Green Container; (iv) discarded materials placed in the Black Container by a Commercial Business that are acceptable Source Separated

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Recyclable Materials for the City’s Blue Container; (v) discarded materials placed in the Black Container that are acceptable Source Separated Green Waste for the City’s Green Container; (vi) after the construction and operation of a Designated Source Separated Organic Waste Facility, discarded materials placed in the Black Container that are acceptable Source Separated Organic Materials for the City’s Green Container; and (vii) non-Solid Waste items placed in any Container.

XX. “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR § 18982(a)(60).

YY. “Recovery” means any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).

ZZ. “Recyclable Materials” or “Recyclables” means material such as, but not limited to, paper, cardboard, glass, metal and aluminum cans, and plastics, which is separated from other waste or refuse for the purpose of recycling.

AAA. “Residential” means any residential Dwelling or apartment house.

BBB. “Residential Patron, Single” means a Patron requiring Solid Waste service for a Single-Family Residential property, including also churches and fraternal organizations.

CCC. “Residential Patron, Multiple” means a Patron requiring Solid Waste service for two or more adjacent family residences under common or joint ownership.

DDD. “Route Review” means a visual Inspection of Containers along a hauler route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR § 18982(a)(65).

EEE. “SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016).

FFF. “SB 1383 Regulations” means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

GGG. “Self-Hauler” means a Generator, who hauls his or her own Solid Waste, Organic Waste, or Recyclable Materials to another Person. Self-Hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR § 18982(a)(66). Back-hauling is the process of generating and transporting

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organic waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR § 18982(a)(66)(A).

HHH. “Single-Family” means of, from, or pertaining to any Residential Premises with fewer than five (5) units.

III. “Solid Waste” means putrescible and non-putrescible Solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge that is not Hazardous Waste, manure, vegetable or animal solid and semisolid wastes, and other discarded Solid and semisolid wastes. Solid Waste does not include radioactive waste, medical waste, or other Hazardous Waste.

JJJ. “Solid Waste Management Facility” means a facility where Solid Waste is sorted, processed, treated, or transferred.

KKK. “Source Separated” or “Source Separation” means the process of removing Recyclable Materials, Green Waste, or Organic Waste from other Solid Waste at the place of generation, prior to Collection, and placing them into separate Containers that are separately designated for Recyclable Materials, Green Waste, or Organic Waste, respectively.

LLL. “Source Separated Blue Container Waste” means Source Separated Recyclable Materials that can be placed in a Commercial Blue Container that is limited to the collection of those Recyclable Materials.

MMM. “Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the Generator, excluding Source Separated Blue Container Waste, carpets, non-compostable paper, and textiles.

NNN. “State” means the State of California.

OOO. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR § 18982(a)(71).

PPP. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one or more of the following:

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1. Supermarket.

2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale Food Vendor.

QQQ. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one or more of the following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

2. Hotel with an on-site food facility and 200 or more rooms.

3. Health facility with an on-site food facility and 100 or more beds.

4. Large venue.

5. Large event.

6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. A local education agency facility with an on-site food facility.

RRR. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where Edible Food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR § 189852(a)(76).

8.16.030 -- Right to exclusive contract.

The City reserves the right to make, on behalf of the City, an exclusive Solid Waste, Recyclables, and Organic Waste Collection contract with any Person or firm.

8.16.040 -- Unlawful deposits on public rights-of-way.

It is unlawful for any Person or Persons to deposit or cause to be deposited in any street, alley, gutter, drainage ditch, storm water inlet, or catch basin within the City any Solid Waste, Recyclable Materials, or Organic Waste.

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8.16.050 -- Unlawful deposits on vacant lots or parcels of land.

It is unlawful for any Person or Persons to deposit any Solid Waste, Recyclable Materials, or Organic Waste in or on any vacant lot or parcel of land within the City.

8.16.060 -- Bin specifications.

All Bins shall have permanently attached, hinged covers that open by gravity when the Bin is inverted for unloading and close by gravity in the process of returning the Bin to the ground after unloading. All Bins shall have wheels and be kept clean and in good working condition. Any Bin that does not meet these standards, as determined by the City Manager or his or her designee, shall be replaced by rental Bins to be provided by Collector.

8.16.070 -- Nonapproved Containers unacceptable for collection.

All Containers which do not specifically meet the requirements of this chapter shall be unacceptable for presentation of Solid Waste, Recyclable Materials, Green Waste, and/or Organic Waste for Collection.

8.16.080 -- Location of Containers.

A. Bins. All Bins shall be located upon the Patron’s property at a place where the refuse packer can approach the Bin, unload it, and return it to its location without the driver leaving the vehicle. Each separate location of Bins shall be approved by the City Manager or designee.

B. Carts.

1. Backyard Pickup. Backyard pickup availability shall be limited to households that contain at least one person 65 years of age or older, or one handicapped individual. Backyard pickup must be requested, and the determination of eligibility shall made by the City Manager or designee. Patrons who have been approved for backyard pickup shall locate all Carts together within an area which is outside of all structures and accessible through no more than one unlocked, adequately hinged and latched gate. This location shall be within 15 feet of that gate. Patrons shall not permit or cause pets to have access to the Cart location during regular Collection periods. Cart locations shall be free of all obstacles that may interfere with free ingress and egress or that may impair removal of Carts.

2. Curb Pickup. Patrons shall present their Carts for Collection on the regular pickup day established by the City Manager or designee at the curb with the proper interval and orientation for automated collection. The Carts must be presented for collection before 6:00

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a.m. and returned to their normal location, off of the public right-ofway, by 10:00 p.m. by the Patron on the regular collection day.

8.16.090 -- Contents of Containers.

All material presented for Collection by a Generator shall be Source Separated into its proper Container. Container Contamination by any Person or entity is strictly prohibited.

8.16.100 -- Frequency of pickup—General.

A. The City Manager or designee is authorized to designate at his or her discretion the weekly number of Collection pickups required for each service account.

B. The City Manager or designee is authorized to designate the day for the Collection of Solid Waste, Recyclable Materials, and Organic Waste in certain areas of the City.

C. Notice of scheduled Collection days, and notice of any change in Collection days, shall be published in the official newspaper of the City. The effective date of any such change shall be no earlier than one week following such publication.

8.16.110 -- Frequency of pickup—Residential.

Solid Waste, Recyclables, and Organic Waste Collection services shall be provided each Residential Patron, a minimum of once per week on a day approved by the City Manager or designee. Any requests for service on any day other than the approved day, or for additional pickups on a regularly scheduled day, shall be charged for special service.

8.16.120 -- Frequency of pickup—Commercial, industrial, or institutional.

Solid Waste, Recyclables, and Organic Waste Collection shall be provided as requested by the Patron to assure adequate Collection and disposal of Solid Waste, Recyclable Materials, and Organic Waste generated by the Patron, with a minimum service of once per week. If Bins are not used, the day of pickup shall be approved by the City Manager or his or her designee to coincide with Collection routes for adjacent properties. If Bins are used with once-a-week pickup requested by the Patron, the day of pickup shall be approved by the City Manager or designee. If pickups are requested more often than once per week, the days of Collection may be chosen by the Patron from regular week work days.

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8.16.130 -- Common collection point.

Residential Patrons may select a common Collection point for approved Containers serving two or more adjacent dwellings.

Commercial, industrial, or institutional Patrons in the same vicinity may agree among themselves and jointly use a
common Collection point.

8.16.140 -- Initiation or change of service.

A. Solid Waste, Recyclables, and Organic Waste Collection services shall be provided to Patrons within the City limits only upon written request therefore at City Hall. Once service is started, changes in that service may be required by the City Manager or designee in order to properly collect all refuse produced by the Patron or by the Patron wherever a change is desired.

Changes requested by the Patron may be requested only at six-month intervals, such a change to be effective commencing on the next July 1st or January 1st. Each Patron, by requesting service or a change in service, thereby consents to be bound by the regulations prescribed or authorized by this chapter and all subsequent amendments and authorized supplementary regulations.

B. Use of Bins may be requested only by a Patron who will be billed in the name of the owner of the property where the Bins will be located.

C. All Multi-Family Residential Patrons requesting service shall apply in the name of the owner of the property where the Containers will be located unless a separate water turn off valve is provided by the owner for each Dwelling unit, in which case the Patron of each Dwelling unit may apply.

8.16.150 -- Volume of regular service, weekly.

A. Refuse—Single Residential Patron. The regular volume shall be one 96- gallon Cart. A smaller 64-gallon Cart may be substituted at the Patron's request. Additional Carts may be requested, at additional cost.

B. Refuse—Multi-Family Residential Patron. Whenever Bins are requested, a minimum of one cubic yard per week for each two Dwelling units shall be provided, at the discretion of the City Manager or designee.

C. Refuse—Commercial, Industrial, or Institutional Patron. Whenever Bins are requested, refuse collection service shall be provided for the Bin size and frequency of pickup requested up to five times per week on regular work days.

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D. Greenwaste B Residential. When required by City Council Resolution, the required volume for residential Patrons shall be one 96-gallon Cart for each Single-Family Residence.

E. Recycling B Residential. When required by City Council Resolution, the required volume for residential Patrons shall be one 64-gallon Cart for each Single-Family Residence.

8.16.160 -- Non-scheduled pickup.

Patrons desiring Solid Waste, Recyclables, and Organic Waste collection on days other than the normally scheduled pickup days shall notify the City Manager or his or her designee at least 24 hours in advance of the desired date and such pickup shall be accomplished within a reasonable limit of the desired date. There will an additional charge for this service.

8.16.170 -- Dead animal pickup.

Whenever any horse, cow, dog, cat, or any other animal dies within this City, the owner or person in whose possession the same may be at the time of its death shall within four hours of its death either dispose of its carcass in such a manner that the same shall not become a nuisance, or upon its death notify the Community Service Officer to remove the same. Cost of removal by the City shall be paid by the owner of the animal or the person in whose possession the animal was at the time of its death.

8.16.180 -- Disposal of uncontained yard and garden trimmings.

Uncontained Green Waste (including but not limited to yard and garden trimmings) on or around a property or premises shall be the responsibility of the property owner and/or occupant. In the event the property owner or occupant does not timely remove and dispose of the Green Waste, the City shall remove the uncontained items and bill the property owner on whose property the uncontained items are located. In the event the items are located on or near a mutual property line, the cost of removal shall be billed equally between the two property owners.

8.16.190 -- Removal of sod, concrete, and extra-large items.

Sod, concrete, earth, tree trunks, and other items too large or heavy to be handled in the regular course of collection shall be removed on special request to the City Manager or his or her designee. A special pickup charge therefore shall be collected.

8.16.200 -- Collection and disposal of dangerous materials.

A. Explosives, combustibles, insecticides, or other poisonous materials, fuels, chemicals, or any other objects or materials which might be hazardous to

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the safety of those handling or coming in contact with the refuse in which it is contained shall not be deposited in Containers for regular collection.

B. Such materials or objects shall be disposed of at Household Hazardous Waste collection events scheduled by the County.

8.16.210 -- Discontinuation of service—Residential.

In the event a residence is vacated and not occupied for a continuous specified period in excess of one month, temporary discontinuation may be permitted in the discretion of the City at the request of the Patron. The water service to the residence must also be discontinued during the same period. Where a separate water turnoff for a vacated Dwelling unit of a multiple Dwelling complex does not exist, temporary discontinuation of service and billing will not be allowed.

8.16.220 -- Discontinuation of service—Bins.

Discontinuation of Bin service will not be allowed unless in the event of the serviced Commercial Businesses’ permanent closure or all serviced Residences are vacated.

8.16.230 -- Fees for service.

The City Council shall determine fees or rates to be collected for the various types of service. These fees or rates shall be adopted by resolution. Refunds and reduction in charges shall also be determined by resolution of the City Council.

8.16.240 -- Billing and payment.

City Solid Waste, Recyclables, and Organic Waste Collection Patrons will be billed at such intervals as may be determined by the City Manager or his or her designee. City Solid Waste, Recyclables, and Organic Waste Collection bills will be due and payable upon presentation. If monthly meter bills are not paid by the 25th of the first month of the billing period, the service shall be subject to discontinuance after notice to user.

8.16.250 -- Scavenging.

Scavenging, or taking any part, or all, of the contents of Containers that are placed out for Collection, by any person other than the Generator or Collector, shall not be permitted.

8.16.260 -- Requirements for Single-Family Generators.

A. Prior to the construction and operation by County of a Designated Source Separated Organic Waste Facility, Single-Family Generators shall comply with the following requirements:

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1. Subscribe to the City’s two-Container Residential Collection services. The City shall have the right to review the number and size of a Generator’s Containers to evaluate adequacy of capacity provided for each type of Collection service for proper separation and containment of materials; and Single-Family Generators shall adjust their service level for their Collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste through backyard Residential composting, and/or using a Community Composting site.

2. Participate in the City’s two-Container Residential Collection services by placing Source Separated Green Waste into the Green Container and all other Solid Waste into the Black Container.

B. Only after a Designated Source Separated Organic Waste Facility has been constructed by County and is operational, shall Single-Family Generators comply with the following requirements:

2. Participate in the City’s two-Container Residential Collection services by placing Source Separated Organic Waste, including but not limited to Green Waste, into the Green Container and all other Solid Waste into the Black Container.

8.16.270 -- Requirements for Commercial Businesses.

A. Prior to the construction and operation of a Designated Source Separated Organic Waste Facility by County, Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall comply with the following requirements:

1. Subscribe to the City’s three-Container Commercial Collection services and comply with the requirements of those services as described below in Section 8.16.270(A)(2). The City shall have the right to review the number and size of a Generator’s Containers and frequency of Collection to evaluate adequacy of capacity provided for each type of Collection service for proper separation and containment of materials; and Commercial

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Businesses shall adjust their service level for their Collection services as requested by the City.

2. Participate in the City’s three-Container Commercial Collection services by placing Source Separated Green Waste in the Green Container; Source Separated Recyclable Materials in the Blue Container; and all other Solid Waste in the Black Container.

3. Supply and allow access to an adequate number, size, and location of Collection Containers with sufficient labels or colors (conforming with Section 8.16.270(A)(4)) for employees, contractors, tenants, and customers, consistent with the City’s Blue Container, Green Container, and Black Container Commercial Collection service or, if Self-Hauling, per the Commercial Business’s instructions to support its compliance with its SelfHaul program, in accordance with Section 8.16.320.

4. Excluding Multi-Family Residential Dwellings, provide Containers for the Collection of Source Separated Green Container Green Waste in all indoor and outdoor areas where disposal Containers are otherwise provided for customers for materials generated by that Commercial Business. Such Containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of Container, then the business does not have to provide Containers dedicated for that kind of waste in areas where disposal Containers are otherwise provided for customer use. Pursuant to 14 CCR § 18984.9(b), the Containers provided by the Commercial Business shall have either:
a. A body or lid that conforms with the Container colors provided through the Collection service provided by City, with either lids conforming to the color requirements, bodies conforming to the color requirements, or both bodies and lids conforming to the color requirements. A Commercial Business is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.
b. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that Container, or Containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in that Container. Pursuant to 14 CCR § 18984.8, the Container labeling requirements are required on new Containers commencing January 1, 2022.

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5. Multi-Family Residential Dwellings are not required to comply with Container placement requirements or labeling requirements in Section

8.16.270(A)(4) pursuant to 14 CCR § 18984.9(b).

7. Excluding Multi-Family Residential Dwellings, periodically inspect Containers for Contamination and inform employees if Containers are Contaminated and of the requirements to keep Contaminants out of those Containers pursuant to 14 CCR § 18984.9(b)(3).

8. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Green Waste.

9. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Green Waste separate from Black Container Waste (when applicable), and the location of Containers and the rules governing their use at each Property.

10. Provide or arrange access for the City or its agent to their Properties during all Inspections conducted in accordance with Section 8.16.330 to confirm compliance with the requirements of this chapter.

11. If a Commercial Business wants to Self-Haul, it must meet the Self-Hauler requirements in Section 8.16.320.

12. Nothing in this section prohibits a Generator from preventing or reducing Organic Waste generation, managing Organic Waste on-site, or using a Community Composting site.

13. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 8.16.290.

B. Only after a Designated Source Separated Organic Waste Facility has been constructed by County and is operational, shall Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, comply with the following requirements:

1. Subscribe to the City’s three-Container Commercial Collection services and comply with the requirements of those services as described below in

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Section 8.16.270(B)(2). The City shall have the right to review the number and size of a Generator’s Containers and frequency of Collection to evaluate adequacy of capacity provided for each type of Collection service for proper separation and containment of materials; and Commercial Businesses shall adjust their service level for their Collection services as requested by the City.

2. Participate in the City’s three-Container Commercial Collection services by placing Source Separated Organic Waste, including but not limited to Green Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and all other Solid Waste in the Black Container.

3. Supply and allow access to an adequate number, size, and location of Collection Containers with sufficient labels or colors (conforming with Section 8.16.270(B)(4)) for employees, contractors, tenants, and customers, consistent with the City’s Blue Container, Green Container, and Black Container Commercial Collection service or, if Self-Hauling, per the Commercial Business’s instructions to support its compliance with its SelfHaul program, in accordance with Section 8.16.320.

4. Excluding Multi-Family Residential Dwellings, provide Containers for the Collection of Source Separated Green Container Green Waste in all indoor and outdoor areas where disposal Containers are otherwise provided for customers for materials generated by that Commercial Business. Such Containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of Container, then the business does not have to provide Containers dedicated for that kind of waste in areas where disposal Containers are otherwise provided for customer use. Pursuant to 14 CCR § 18984.9(b), the Containers provided by the Commercial Business shall have either:
a. A body or lid that conforms with the Container colors provided through the Collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.
b. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that Container, or Containers with imprinted text or

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graphic images that indicate the primary materials accepted and primary materials prohibited in that Container. Pursuant to 14 CCR § 18984.8, the Container labeling requirements are required on new Containers commencing January 1, 2022.

5. Multi-Family Residential Dwellings are not required to comply with Container placement requirements or labeling requirements in Section

8.16.270(B)(4) pursuant to 14 CCR § 18984.9(b).

6. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a Container not designated for those materials in accordance with Section 8.16.270(B)(2), or if recycling Organics on-site or Self-Hauling under Section 8.16.320 per the Commercial Business’s instructions to support its compliance with its onsite Recycling or Self-Haul Program.

8. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste.

9. Provide education information before or within fourteen (14) days of occupation of the Premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste separate from Black Container Waste (when applicable), and the location of Containers and the rules governing their use at each Property.

10. Provide or arrange access for the City or its agent to their Properties during all sections conducted in accordance with Section 8.16.330 to confirm compliance with the requirements of this chapter.

11. If a Commercial Business wants to Self-Haul, it must meet the Self-Hauler requirements in Section 8.16.320.

12. Nothing in this section prohibits a Generator from preventing or reducing Organic Waste generation, managing Organic Waste on-site, or using a Community Composting site.

13. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 8.16.290.

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8.16.280 -- Waivers for Generators.

A. De Minimis Waivers. The City may waive a Commercial Business’s obligation (including that of a Multi-Family Residential Dwelling) to comply with some or all of the Organic Waste requirements if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 8.16.280(A)(2) below. Commercial Businesses requesting a de minimis waiver shall:

1. Submit an application form specifying the services from which they are requesting a waiver, and provide documentation as noted in Section

8.16.280(A)(2) below.

2. Provide documentation that either:
a. The Commercial Business’s total Solid Waste Collection service is two (2) cubic yards or more per week and Organic Waste subject to Collection in a Blue Container or Green Container comprises less than twenty (20) gallons per week per applicable Container of that business’s total waste; or
b. The Commercial Business’s total Solid Waste Collection service is less than two (2) cubic yards per week and Organic Waste subject to Collection in a Blue Container or Green Container comprises less than ten (10) gallons per week per applicable Container of the business’s total waste.

3. Notify City if any circumstances change such that Commercial Business’s Organic Waste exceeds the threshold required for the de minimis waiver, in which case the waiver will be rescinded.

4. Provide written verification of eligibility for the de minimis waiver every five (5) years.

B. Physical Space Waivers. The City may waive a Commercial Business’s or Property owner’s obligations (including those of Multi-Family Residential Dwellings) to comply with some or all of the Recyclable Materials and/or Organic Waste Collection service requirements if the City has evidence from its own staff, a Hauler, a licensed architect, or a licensed engineer demonstrating that the Premises lacks adequate space for the Collection Containers otherwise required for compliance with the Organic Waste Collection requirements. A Commercial Business or Property owner may request and maintain a physical space waiver through the following process:

1. Submit an application form specifying the type(s) of Collection services from which they are requesting a compliance waiver;

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2. Provide documentation that the Premises lacks adequate space for Blue Containers and/or Green Containers, including documentation from applicant’s hauler, licensed architect, or licensed engineer; and

3. Provide written verification to the City that it remains eligible for the physical space waiver every five (5) years thereafter.

C. Additional Waivers. The City may provide any additional waivers of the requirements of this chapter to the extent permitted by applicable law. The Public Works Director or his or her designee shall be responsible for determining the grounds for such an additional waiver, its scope, and appropriate administration.

D. Review and Approval of Waivers by City. Review and approval of waivers will be the responsibility of the Public Works Director or his or her designee.

8.16.290 -- Requirements for Commercial Edible Food Generators.

A. Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.

B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

2. Allow the City’s designated Enforcement entity or designated third party Enforcement entity to access the Premises and to review records pursuant to 14 CCR § 18991.4.

3. Keep records that include the following information, or as otherwise specified in 14 CCR § 18991.4:
a. A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR § 18991.3(b). b. A copy of all contracts or written agreements established under 14 CCR § 18991.3(B).

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c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address, and contact information of the Food Recovery Service or Food Recovery Organization.
ii. The types of Edible Food that will be collected by, or Selfhauled to, the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that Edible Food will be collected or Self-hauled.
iv. The quantity of Edible Food, measured in pounds recovered per month, collected or Self-hauled to a Food Recovery
Service or Food Recovery Organization for purposes of Food Recovery.
d. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557, Chapter 557, Statutes of 2017.

8.16.300 -- Requirements for Food Recovery Organizations and Services.

A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators via a contract or written agreement established under 14 CCR § 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(1):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the Service collects Edible Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization for which the Food Recovery Service transports Edible Food for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators via a contract or written agreement

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established under 14 CCR § 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(2):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the Organization receives Edible Food.

2. The quantity in pounds of Edible Food collected form each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service from which the Organization receives Edible Food for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR § 18991.3(b) shall, no later than March 1, July 1, and September 1 of each calendar year, report to the City in which they are located the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators with which they have established a contract or written agreement pursuant to 14 CCR § 18991.3(b).

D. Food Recovery Capacity Planning. In order to support Edible Food Recovery capacity planning assessments and other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall, upon request, provide information and consultation to the City regarding existing or proposed new or expanded Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators.

8.16.310 -- Requirements for Haulers and Facility Operators.

A. Requirements for Haulers.

1. Haulers shall meet the following requirements and standards as a condition of approval of a Solid Waste franchise, permit, or other authorization with the City to collect Organic Waste:
a. Through written notice to the City annually, on or before June 1, identify the facilities to which they will transport Organic Waste, including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste.
b. Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and mixed waste to a facility, operation, activity, or Property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

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c. Obtain approval form the City to haul Organic Waste, unless transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting construction and demolition debris.

2. Haulers authorized to collect Organic Waste shall comply with education, equipment, signage, Container-labeling, Container color, Contamination monitoring, reporting, and other requirements as specified by their respective permits or other agreements entered into with the City.

B. Requirements for Facility Operators and Community Composting Operations.

1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.

Entities contacted by the City shall respond in writing within sixty (60) days.

2. Community Composting operators, upon the City’s request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste handled or anticipated to be handled at the Community Composting operating. Entities contacted by the City shall respond in writing within sixty (60) days.

8.16.320 -- Self-Hauler Requirements.

A. Self-Haulers shall Source Separate all Recyclable Materials generated on-site and, after the construction by County of a Designated Source Separated Organic Waste Facility, all Organic Waste generated on-site from other Solid Waste in a manner consistent with 14 CCR §§ 18984.1 and 18984.2.

B. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials, and after the County constructs and operates a Designated Source Separated Organic Waste Facility, shall haul their Source Separated Organic Waste to that Designated Source Separated Organic Waste Facility.

C. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or Property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:

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1. Deliver receipts and weight tickets form the entity accepting the waste;

2. The amount of material in cubic yards or tons transported by the Generator to each entity; and

3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the SelfHauler is not required to record the weight of the material but shall keep a record of the entities that received the Organic Waste.

D. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall provide information collected in Section 8.16.320(C) to the City if requested.

E. A Residential Organic Waste Generator that Self-hauls Organic Waste is not required to record information as otherwise required by Section 8.16.320(C) or report information as otherwise required by Section 8.16.320(D).

8.16.330 -- Inspections and Investigations.

A. City representatives and/or its designated entity, including designees, are authorized to conduct Inspections an investigations, at random or otherwise, of any Collection Container, Collection vehicle loads, or transfer, processing, or disposal facilities for materials collected from Generators, or Source Separated materials, to confirm compliance with this chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), Property owners, Commercial Edible Food Generators, Self-Haulers, haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.

This section does not allow the City to enter the interior of a private Residential property for Inspection.

B. The regulated entity shall provide or arrange for access during all Inspections (with the exception of Residential property interiors) and shall cooperate with the City’s employee or its designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in Containers, Edible Food Recovery activities, records, or any other requirement described herein. Failure to provide or arrange for: (i) access to an entity’s Premises; or (ii) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.16.340.

C. Any records obtained by the City during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code § 6520 et seq.

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D. City representatives or its designees are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E. City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. Collectors shall relay to City all written complaints they receive concerning act or omissions of themselves or another entity that is potentially non-compliant with SB 1383 Regulations, including anonymous complaints.

8.16.340 -- Violations.

A. Violation of any provision of this chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by an Enforcement Officer.

Enforcement Actions under this chapter include issuance of an administrative citation and assessment of a fine. The procedures set forth in Chapter 1.12 of Title 1 of the Atwater Municipal Code shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

B. City may seek all other remedies allowed by law, including civil action or prosecution for an alleged misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.

C. Penalty amounts for types of violations this chapter are as set forth in Section

1.01.110.

D. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Sections 1.12.010 to 1.12.030.

E. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, the City will conduct Inspections, Route Reviews, waste evaluations, and compliance reviews, depending on the type of regulated entity, to determine compliance, and if the City determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Tier Two Commercial Edible Food Generator, Food Recovery Service, Food Recovery Organization, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required as of January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

F. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One

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Commercial Edible Food Generator, Tier Two Commercial Edible Food Generator, Food Recovery Service, Food Recovery Organization, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this chapter.

G. This chapter shall be interpreted to be consistent with the City’s regulatory authority, and shall only apply to location education agencies and other entities to the extent permitted by law, including SB 1383 Regulations.

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Atwater City CouncilMarch 14, 2022

Atwater City Council
March 14, 2022