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The Chief Executive Officer may conduct surveys of water supply system users to identify cross connections. Surveys may consist of written instruments, verbal interviews or physical inspections. Water supply system users shall complete the survey and otherwise cooperate in the identification of cross connections according to the terms and conditions prescribed by the Chief Executive Officer. Whenever a user fails to complete a survey in accord with this section, the water supply system shall be protected by installation of the most protective approved backflow prevention assembly or approved backflow prevention method provided for in the service standards and specifications. The user shall have such an approved backflow prevention assembly or approved backflow prevention method installed on each affected water service line for the premises or other location required by this part within sixty (60) days of the date the user failed to complete a survey, unless an extension of that deadline is approved by the Chief Executive Officer prior to expiration of such sixty (60) day period. (Ord. 09-43; Ord. 17-42; Ord. 18-42)
It is the purpose of this section to provide additional and cumulative remedies for any violation of this part. The Chief Executive Officer may use the following remedies either individually, sequentially or in any order:
B. Any person who has violated or is violating this part may be subject to the penalties provided in subsection 12.1.115B of this chapter.
C. In accord with subsection 12.1.115C of this chapter, the Chief Executive Officer may issue an imminent hazard order. An imminent hazard order may prescribe administrative fines and extra cost charges. Failure to comply with an imminent hazard order may be deemed an emergency circumstance under section 12.1.117 of this chapter.
D. The Chief Executive Officer may order the emergency suspension of any user's water service under section 12.1.117 of this chapter when suspension is necessary, in the opinion of the Chief Executive Officer, to protect any person or the water supply system. The time at which the water service will be terminated must be specified. An emergency suspension order may prescribe administrative fines and extra cost charges. Water service may be suspended under this section if:
1. Cross connections that are not protected as required by this part exist on the user's premises;
2. A defect is found in an installed backflow prevention assembly or backflow prevention method; or
3. A backflow prevention assembly or backflow prevention method has been removed or bypassed.
E. The Chief Executive Officer may assess a charge to recover extra costs incurred by Utilities for monitoring, investigation, and/or any quantifiable damages to the water supply system attributable to any person who is found to have violated this part. These extra cost charges may be assessed under subsection 12.1.115C of this chapter or as part of an emergency suspension order.
F. Any user who is found to have violated any provision of this part or orders issued hereunder may be assessed an amount not to exceed one thousand dollars ($1,000.00) per violation per day, not as a criminal penalty and only as an administrative measure (civil penalty); administrative fines encourage compliance and offset unquantifiable damage to the public water supply from noncompliance. Each day on which noncompliance shall occur or continue may be deemed a separate and distinct violation. Administrative fines may be assessed under subsection 12.1.115C of this chapter or as part of an emergency suspension order. (Ord. 09-43; Ord. 17-42; Ord. 18-42)
A. Administrative Review: Any person aggrieved by an imminent hazard order of the Chief Executive Officer may appeal the order to the Hearing Officer in accord with subsection 12.1.115C of this chapter. If a timely request for hearing is made, the decision of the Hearing Officer shall be a final order.
B. Judicial Review:
1. Imminent Hazard Order: Any party adversely affected by the decision of a Hearing Officer may appeal it to the District Court in and for the County of El Paso pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure. If the alleged violator fails to submit a timely written request for a hearing, the alleged violator is deemed to have failed to exhaust administrative remedies and may not appeal the notice or order to District Court.
2. Emergency Suspension Order: An emergency suspension order shall constitute final agency action for all purposes under this part and applicable State Statutes and rules and regulations. (Ord. 09-43; Ord. 17-42; Ord. 18-42)
PART 13 WATER SHORTAGE
SECTION:
12.4.1301: Legislative Findings
12.4.1302: Purpose And Intent
12.4.1303: Definitions
12.4.1304: Waste Of Water Prohibited
12.4.1305: Authorization
12.4.1306: Stage I Shortage (Watch)
12.4.1307: Stage II Shortage (Warning)
12.4.1308: Stage III Shortage (Severe)
12.4.1309: Stage IV Shortage (Critical)
12.4.1310: Duration Of Water Use Restrictions
12.4.1311: Exceptions
12.4.1312: Special Contract Service
12.4.1313: Access To Premises
12.4.1314: Liability
12.4.1315: Violations And Charges
12.4.1316: Dispute Resolution
The City Council does hereby find, determine and declare as follows:
A. Utilities' water supply system has been built over a period of one hundred thirty (130) years, with new increments of supply being added as water demand has grown;
B. Utilities has systematically obtained and developed water rights to supply the community with water for its future needs;
C. Utilities has developed extensive storage, pumping and pipeline systems to convey water from remote areas to the community;
D. The City of Colorado Springs is located in a high desert, semiarid climate where drought conditions periodically occur and where practices to conserve water are necessary at all times and particularly during a drought event;
E. Abnormally high demand, together with drought conditions and/or system constraints, may reduce the water available to Utilities' water supply system to the point of creating a water shortage;
F. Utilities has proactively developed a drought response plan that is a tiered contingency plan to provide for a systematic response by restricting customer water use and moderating water waste to meet the essential needs of the community; and
G. It is necessary to provide Utilities with flexibility to implement measures to restrict water use as deemed appropriate to conserve the water supply of the City of Colorado Springs to protect the health, safety and general welfare of the citizens during periods of potential or observed water shortage. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)
It is the purpose and intent of this part to proactively establish procedures for systematically managing water demand through continuous water use efficiency measures and measures designed to temporarily limit water use in response to a system constraint or drought related shortage. The procedures listed in this part are not intended for use as a substitute for developing water supply projects. This part shall be liberally construed to effectuate this purpose and intent. Nothing in this part may be construed to prohibit any person having a direct legal right or owning an appropriated water right from using water in accord with the express terms and conditions of any permit to use or appropriate water issued under authority of the State Engineer or pursuant to any lawful court order or decree. Nothing in this part shall be construed to supersede the tariffs of Utilities. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)
Unless the context specifically indicates otherwise, the following terms, as used in this part, shall have the following meanings:
BEST WATER MANAGEMENT PRACTICES: A combination of industry-specific efficiency standards and practices that determine the best use and management of water according to business needs and short-term and long-term water conservation goals.
DRIP IRRIGATION: Low pressure, low volume irrigation applied slowly, near or at ground level to minimize runoff and loss to evaporation, including the use of a bubbler, drip emitter, in-line tubing or soaker hose. Does not include micro-sprays.
HAND WATERING: The use, expenditure, or application of water supplied to a water customer through a hose or container held by a person where the water is used for any exterior purposes or is otherwise expended outside any dwelling, building or structure.
HIGH USE SPORTS FIELD: A playing field where sporting events take place on a regular basis, that is available for use by the public, club, school or professional sports teams, including, but not limited to, fields, sport complexes and stadiums designed for baseball, football, soccer, track and golf, where adequately watered turf grass is necessary to maintain the safety of participants and the public. Practice fields and neighborhood parks are not considered high use sports fields.
HOSE END SPRINKLER: A device used to irrigate that is attached to the end of a hose that can be set in place and periodically moved from one location to another.
IRRIGATE: To apply or to expend water onto land, by sprinkling or other means, except hand watering. This term shall also refer to any act of irrigation.
LANDSCAPE: Any combination of living plants, such as trees, shrubs, vines, ground covers, flowers, vegetables, gardens or turf grass.
NONPOTABLE WATER: Water not meeting State drinking water standards that can include, but not be limited to, water from streams, rivers, lakes, groundwater or reclaimed water.
OBSERVED VIOLATION: A violation of this part that is observed by a designated Utilities' employee.
POND: Artificially constructed outdoor pond used for decorative or aesthetic purposes.
POP UP FIXED SPRAY SPRINKLER: A type of fixed spray sprinkler that pops up from underground and waters a set pattern, usually from five feet to fifteen feet (5' - 15') in range.
POP UP ROTARY TYPE SPRAY SPRINKLER: A type of spray sprinkler that rotates producing a stream of water that is moved back and forth across the area being watered. Pop up rotary type spray sprinklers can be impact or gear driven.
POTABLE WATER: Water suitable or intended for human consumption.
SHORTAGE: A condition that exists when the estimated supplies of water available from Utilities' water system are not projected to meet customer demands within an acceptable safety margin. Shortage conditions may be the result of a prolonged drought, unplanned outages of major delivery systems, or other factors affecting water supply.
SPRAY IRRIGATION: Irrigation utilizing hose end sprinklers, pop up fixed spray sprinklers, and pop up rotary type spray sprinklers.
SPRINKLER SYSTEM: An assembly of component parts that is permanently installed for the controlled distribution and application of water to irrigate of landscape vegetation.
SPRINKLER ZONE: Section of an irrigation system served by a single control valve.
STAGE I SHORTAGE (WATCH): The first level of water shortage response measures intended to reduce water demand placed upon the water supply system.
STAGE II SHORTAGE (WARNING): The second level of water shortage response measures intended to reduce water demand placed upon the water supply system.
STAGE III SHORTAGE (SEVERE): The third level of water shortage response measures intended to re duce water demand placed upon the water supply system.
STAGE IV SHORTAGE (CRITICAL): The fourth level of water shortage response measures intended to reduce water demand placed upon the water supply system.
TURF GRASS: Continuous plant coverage of grasses that, when regularly mowed, form a dense growth of leaf blades and roots.
WATER: Any potable and nonpotable water supplied from the water supply system to any water customer.
WATER ALLOCATION: A site-specific volumetric limit of water to be used for irrigation not to exceed the declared stage or outdoor landscape watering level. Water allocations are designed to give customers flexibility in meeting the water waste prohibition and/or declared water shortage requirements.
WATER CUSTOMER: The person designated on the records maintained by Utilities as the person responsible for payment of charges incurred for the use of the water supply system on public or private premises being served, or any person of lawful age who uses water at the premises served. Water customers include residential users and commercial users are defined in section 12.1.101
.
WATER FEATURE: Any fountain or waterfall used for decorative or aesthetic purposes.
WATER SHORTAGE RESPONSE MEASURES: Measures, such as restrictions on the use of water and short term water conservation measures, implemented to achieve temporary water savings that should not be confused with ongoing water conservation efforts, which are intended to achieve long term savings. Water shortage response measures may be severe and affect different customer classes, businesses, and industries to differing degrees. (Ord. 02-59; Ord. 03-41; Ord. 03-85; Ord. 13-10; Ord. 14-23; Ord. 18-42; Ord. 19-99)
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