§ 51.70 WATER EMERGENCY MANAGEMENT.
   (A)   Definition.
      WATER EMERGENCY shall be defined as any condition or situation which threatens the safety or supply of either treated or potable water within the water supply, treatment and distribution systems of the town or within the systems of the municipal, commercial and industrial customers. Determination of whether specific situations are considered to be water emergencies shall be made by the Mayor or his designee after consultation with the utility department head. WATER EMERGENCY situations shall include, but not be limited to, drought or periods of insufficient raw water supply, and fires of a magnitude such that system integrity is threatened.
   (B)   Declaration of water emergency. The Mayor, or his or her, designee after consultation with appropriate town staff, shall be authorized to declare that a water emergency exists. Depending on the severity of the emergency; Voluntary (Level I), Mandatory (Level II, III), or Mandatory (Level IV) staged water use restrictions as described in the following subsection(s) shall be imposed upon customers.
   (C)   Staged water use restrictions. During a declared Level I Water Emergency, the following voluntary water conservation practices shall be encouraged for the public water system served by the town.
      (1)   Watering of lawns, ornamental plants and gardens shall be limited to that necessary for plant survival only.
      (2)   Planting of new ornamental plants and seeding of lawns should be deferred until the water emergency situation no longer exists.
      (3)   Household water should be reused to the greatest possible extent for watering.
      (4)   Use of water for washing-down of outside areas such as driveways or parking lots should be curtailed.
      (5)   Faucets should not be left running while shaving, brushing teeth, or washing dishes.
      (6)   The use of clothes washers and dishwashers should be limited, if possible, and these units should be operated with full loads when used.
      (7)   Washing of cars or other vehicles should be curtailed to Saturdays or Sundays. Hoses should not be left running while washing vehicles.
      (8)   The use of flow restrictions and other water saving devices is encouraged.
      (9)   Showers should be used for bathing and showers should be limited to four minutes or less.
      (10)   Filling of pools shall be deferred or limited to hours between 9:00 p.m. and 6:00 a.m.
      (11)   Any practice listed above may be modified or additional practices added at the discretion of the Town Council.
   (D)   Level II Water Emergency. During a Declared Level II Water Emergency, the following mandatory water use restrictions shall be in effect for the public water system served by the town.
      (1)   All voluntary practices listed above shall be mandatory.
      (2)   Watering and irrigation of lawns, ornamental plants and gardens shall not be done except by handheld container (bucket, jug, and the like).
      (3)   Planting of new ornamental plants or seeding of lawns shall be deferred until the water emergency no longer exists.
      (4)   Use of water for washing-down of outside areas is prohibited.
      (5)   Residential washing of cars and other vehicles shall be prohibited except on Saturday and Sunday. Commercial washing facilities including those providing handheld washing nozzles may continue normal operation. However, the facility owner/operator shall ensure that water is not wasted.
      (6)   Restaurants and other food-serving establishments shall serve water to patrons only at the request of the patron(s).
      (7)   Commercial, industrial and construction operations shall eliminate all possible waste of water.
      (8)   Newly constructed or drained pools shall be filled by permit only. Fill permits shall be issued by the Public Works Director and issuance of the permits may be curtailed depending on the severity of the situation.
      (9)   Any practice listed above may be modified or additional practices added at the discretion of the Director of the Water Resources Department.
   (E)   Level III Water Emergency. During a declared Level III Water Emergency, the following mandatory water use restrictions shall be in effect for the public water system served by the town.
      (1)   Watering and irrigation of lawns, gardens, and other plants are prohibited.
      (2)   Washing of cars, vehicles and equipment is prohibited.
      (3)   Restaurants and other food serving establishments shall utilize single serving utensils and plates, and serve water at the patron’s request.
      (4)   Recreational use of potable water including filling of pools is prohibited.
      (5)   Large scale commercial and industrial water customers and construction activities utilizing 5,000 or more gallons of water per day shall achieve mandatory reductions in daily water usage of 25%, 50% or 75% through whatever means are available. The target reduction percentage shall be determined by the severity of the water emergency, and shall be publicly announced as part of the emergency declaration. The Director of Public Works shall determine compliance with the daily usage- reduction targets. Variances to this restriction may be granted to designated public health facilities including, but not limited to, hospitals and nursing homes.
      (6)   Drinking water taps or hydrant permits shall be issued or revoked at the discretion of the town staff.
      (7)   Any practice listed above may be modified or additional practices added at the discretion of the town.
   (F)   Level IV Water Emergency. During a declared Level IV Water Emergency, the following mandatory water use restrictions shall be in effect for the public water system served by the town.
      (1)   All use of water for purposes other than maintenance of public safety is prohibited.
      (2)   Where the Harrisburg system is not functional, residential water use shall not exceed 300 gallons per day at each metered location.
      (3)   Where the Harrisburg system is not functional, National Guard and Emergency Service vehicles shall be utilized to distribute water for household use at prearranged locations within the affected area. Usage by individuals shall be limited to those amounts necessary to sustain life through drinking, food preparation and personal hygiene.
      (4)   The compliance plan for industries during Level IV remains the same as Level II or as directed by the State of North Carolina public health officials. Such plans shall be submitted to the town Public Works Department within 90 calendar days from the adoption of this section. Plans shall be updated at least every five years.
      (5)   Any practice listed above may be modified or additional practices added at the discretion of the Town Council.
   (G)   Non-compliance with water emergency management regulations.
      (1)   Penalties. Any person, firm or corporation violating the mandatory provisions of this section shall be issued a civil citation and a fine not to exceed $100 for residential customers and $500 for commercial industrial users. Each occurrence of a violation of this ordinance shall be considered a separate violation.
      (2)   Discontinuance of service. Pursuant to the provisions of G.S. § 162A-88 and the town water system ordinance, water service may be temporarily discontinued for willful disregard of this section. All applicable penalties may be applied in the event of service suspensions. In the event of continued gross noncompliance with this ordinance, removal of the meter and service will be deemed proper and service will be discontinued. Tap fees and deposits will be forfeited.
      (3)   Municipal customers, water corporations or company compliance. Municipalities, water corporations or companies purchasing water from the City of Concord shall adopt and enforce this entire section as a condition of continuing existing water sales agreements, upon declaration of a water emergency, the municipalities and companies shall enforce the appropriate water use restrictions for the level of declared emergency. Water service to the municipalities and companies shall be terminated for not enforcing the provisions of this section.
(Ord. passed 12-28-98; Am. Ord. passed 10-11-99)