§ 15-87 DISCONTINUANCE OF SERVICE; RIGHT OF APPEAL; OTHER REMEDIES; PENALTY NOT TO EXCUSE VIOLATION.

   (A)   When customers are found to be in violation of the mandatory restrictions, the city’s personnel listed above (§ 15-85) will issue citations and penalties will be accessed as follows:

 

First violation	Warning
Second violation	$100 fine
Third violation	$250 fine
Fourth violation	$250 fine and discontinuation of service

 

   (B)   The city may discontinue water service to any structure or parcel when the Utilities Manager gives written notice of any violation of mandatory restrictions and intent to discontinue service in accordance with this chapter. Water service shall be discontinued within 24 hours unless the violator shall cease voluntarily. When service is discontinued pursuant to the provisions of this section, service shall not be reinstituted unless and until the Utilities Manager determines that, the risk to the city water supply has been alleviated.

   (C)   The customers shall have a right of appeal to the City Manager, upon serving written notice of appeal on the City Manager within five days after receiving notice of any violation and intent to discontinue service. The appellant will be notified by the City Manager of the time and place for the hearing of the appeal. The City Manager shall act on the appeal as expeditiously as possible and shall notify the appellant in writing no later than two days after the final decision.

   (D)   The provisions of this article may be enforced by an appropriate remedy, including a mandatory or prohibitory injunction, issuing from a court of competent jurisdiction.

   (E)   The imposition of one or more penalties for any violation shall not excuse any violation or permit it to continue.

(1989 Code, § 16-86) (Ord. passed 8-19-86; Am. Ord. passed 5-18-10)

§ 15-88 GUIDELINE TRIGGERS TO INITIATE CONSERVATION STAGES IN DROUGHT SITUATIONS.

 

System Supply Type	Water Supply Alert Conservation Level 1	Water Supply Warning Conservation Level 2	Mandatory Conservation Level 3	Emergency Conservation Level 4
	U.S. Drought Monitor indicates abnormally dry in our area	U.S. Drought Monitor indicates severe drought in our area	U.S. Drought Monitor indicates extreme drought in our area	U.S. Drought Monitor indicates exceptional drought in our area
Run-of-River (Measure stream flow daily and inventory watershed for upstream water users during a water shortage situation.)	(A) Steam Flow less than 180 cubic feet per second   (B) Water demand does not exceed gravity flow at the intake   (C) Gravity flow into the intake screens is adequate to meet pumping demand   (D) 6 Days of normal demand remaining in Presettling Impoundment   (E) Average daily use greater than 11 MGD for 5 consecutive days   (F) Withdrawing 10% of flow past the intake   (G) Presettling Impoundment is 5 feet down from full pond. 61 MGD supply remaining*	(A) Steam flow less than 100 cubic feet per second   (B) Water demand exceeds gravity flow at the intake   (C) Supplemental pumps are put into operation with some gravity flow in intake   (D) 6 Days of normal supply remaining in Presettling Impoundment   (E) Average daily use greater than 10 MGD for 5 consecutive days   (F) Withdrawing 17% of flow past the intake   (G) Presettling Impoundment is 9 feet down from full pond. 48 MGD supply remaining*	(A) Steam flow less than 75 cubic feet per second   (B) Water demand exceeds gravity flow at the intake. Intake screens more than 12 inches out of water   (C) Supplemental pumps are in operation with limited gravity flow in intake   (D) Less than 6 Days of normal supply remaining in Presettling Impoundment   (E) Average daily use greater than 7 MGD for 5 consecutive days   (F) Withdrawing 20% of flow past the intake   (G) Presettling Impoundment is 13 feet down from full pond. 36 MGD supply remaining*	(A) Steam flow less than 40 cubic feet per second   (B) Water demand exceeds gravity flow at the intake. Intake more than 24 inches out of water   (C) Only supplemental pumping will get water into wetwells   (D) Less than 6 Days of normal supply remaining in Presettling Impoundment   (E) Average daily use greater than 2 MGD for 5 consecutive days   (F) Withdrawing 5% of flow past the intake   (G) Presettling impoundment is 17 feet down from full pond. 25 MGD supply remaining*
Notes: * Presettling Impoundment volumes based on September 2003 Dewberry Davis Study.

 

   (A)   Triggers in the table above are to be used as guidelines and actual conditions may dictate some variations from the guidelines listed above. Any one or more of the trigger guidelines may be sufficient to implement conservation stages if an immediate situation threatens public health, public safety, or has potentially severe economical impacts.

   (B)   Triggers for conditions such as operational difficulties at the water plant, contamination, water line breaks, and power failures may lead to Emergency Level 3 by the instant severity of the situation creating nearly instantaneous water shortage.

(Ord. passed 5-18-10)

§ 15-89 RETURN TO NORMAL WATER SUPPLY CONDITIONS.

   When the Water Shortage conditions have abated and the water supply situation is returning to normal, water conservation measures employed during the water supply alert conservation, water supply warning conservation, mandatory conservation and emergency conservation can be decreased in the reverse order of implementation. Permanent measures directed toward long-term monitoring and conservation should be implemented or continued.

(Ord. passed 5-18-10)

§ 15-90 VARIANCE FROM WATER CONSERVATION STAGES.

   (A)   Applications to apply for a variance from Various Water Conservation Stages are available from the Billing and Collections Division. A completed application will be submitted to the Billing and Collections Division; questions concerning the application may be directed to the ORC for assistance.

   (B)   Applications will be reviewed and a recommendation will be made by an appeals committee composed of the Public Works Director, the Utilities Manager, and the Water Plant Superintendent. Recommendations will be made based on the following criteria:

      (1)   Impact on the city’s water demand;

      (2)   Essential use of drinking water;

      (3)   How long would a variance be needed;

      (4)   Does an alternative water source exist;

      (5)   Social and economical importance; and

      (6)   Prevention of structural damage

(Ord. passed 5-18-10)

§ 15-91 REVIEW OF THE EFFECTIVENESS OF WATER CONSERVATION STAGES.

   The effectiveness of conservation stages will be evaluated in a timetable appropriate to the reason for invoking the conservation stages. For example a large water main break would be evaluated hours as to how fast elevated storage is being depleted. In a drought situation, the water source availability would be evaluated daily versus the service water demand, to see if the conservation stages are keeping the service water demand less than source availability.

(Ord. passed 5-18-10)

§ 15-92 ADOPTION OF THE WATER SHORTAGE RESPONSE PLAN.

   When this draft copy Water Shortage Response Plan is approved by the State Division of Water Resources, it will be submitted to the City Attorney for review. Once the City Attorney has completed a review and approved the WSRP, it will be submitted to City Council for consideration at the next regular meeting and scheduling of a public hearing at the following month’s regular council meeting. A copy of this Water Shortage Response Plan and future revisions will be posted on the City’s Website for public inspection when it is submitted to the City Council for consideration and approval.

(Ord. passed 5-18-10)

§ 15-93 REVIEW AND UPDATING OF WATER SHORTAGE RESPONSE PLAN.

   The Water Shortage Response Plan will be reviewed annually or more often as necessary when conditions change requiring modification to the plan. Updates and changes will follow the procedure set forth in § 15-91 of this WSRP.

(Ord. passed 5-18-10)