(a) General.
(1) Scope. This legislative rule establishes the rules and regulations for the use and consumption of water by the inhabitants and all users, regardless of class of service, during times of emergency and periods of temporary inadequacy of supply of available water.
(2) Authority - West Virginia Code Chapter 24-1-1, 24-1-7, 24-2-1 and 24-2-7.
(3) Filing Date - April 3, 1989
(4) Effective Date - June 1, 1989
(b) Water Rationing Plan.
(1) General. That upon any water utility declaring that there is a temporary shortage of water, and that it is necessary for the health and welfare of the utility’s customers to supply, the utility shall, upon the giving of public notice, restrict the use of said water supply to human consumption and sanitary purposes as noted in the Local Water Rationing Plan.
The utility is herein authorized to enforce a Water Rationing Plan by virtue of the declaration of a public water emergency proclamation by the utility.
(2) Definitions.
A. Special Emergency Area - the area or areas within which the utility has declared a state of drought and water shortage emergency.
B. Service area - the territory and the customers serviced by the utility.
C. Emergency Service Area - the service areas of the water supply covered by this Local Water Rationing Plan.
D. Residential Customer - any customer who receives water service for a single or multi-family dwelling unit. The term residential customer does not include educational or other institutions, hotels, motels, or similar commercial establishments.
E. Non-Residential Customer - commercial, industrial, institutional, public and all other users with the exception of hospitals and health care facilities.
F. Service Interruption - the temporary suspension of water supply, or reduction of pressures below that required for adequate supply, to any customer, portion of a water supply system, or an entire system.
G. Excess Use - the usage of water by a water customer in excess of the water allotment provided under the Local Water Rationing plan for that customer, over any applicable period.
H. Water Customer - any person who is connected to and receives water services from a water supply system.
(3) Purpose. This local water rationing plan is intended to establish measures for essential conservation of water resources, and to provide for equitable distribution of limited water supplies, in order to balance demand and limited available supplies and to assure that sufficient water is available to preserve public health and safety within the Emergency Service Area.
(4) Scope. This Local Water Rationing Plan shall apply to all water uses within the service area of all customers and entities served by the utility including uses by customers of wholesale customers of the utility.
(5) Objective of the Plan.
A. It is imperative that water customers within the Emergency Service Area achieve an immediate and further reduction in the water use in order to extend existing water supplies and, at the same time, assure that sufficient water is available to preserve the public health and sanitation, and provide fire protection service and electric power generation.
B. The Plan provides for equitable reductions in water usage, and for equal sacrifice on the part of each water customer, insofar as such restrictions do not interfere with the public health, adequate fire protection and the generation of electric power. The success of this plan depends on the cooperation of all water customers in the emergency service area.
(6) Measures to Implement the Water Rationing Plan. Each water supply purveyor within the Emergency Service Area will develop and adopt such implementing measures as are necessary and appropriate to assure compliance with requirements of this Local Water Rationing Plan.
(7) Prohibited Non-Essential Water Uses. The following water uses are declared non-essential and are prohibited within the Emergency Service Area:
A. Watering of outside shrubbery, trees, lawns, grass, plants or any other vegetation, except from a watering can or other container not exceeding three (3) gallon capacity. This limitation shall not apply to vegetable gardens, greenhouse or nursery stocks and newly established lawns or sod less than five (5) weeks old, which may be watered in the minimum amount required to preserve plant life before 8:00 a.m. or after 6:00 p.m.
B. The watering of golf course fireways.
C. The washing of automobiles, trucks, trailers or other type of mobile equipment except in vehicle wash facilities operating with a water recycling system with a prominently displayed sign in public viewing so stating, or from a bucket or other container not exceeding three (3) gallons.
D. The washing of streets, driveways, parking lots, service station aprons, office buildings, exteriors of homes or apartments or other outdoor surfaces.
E. The serving of water in restaurants, clubs or eating places unless specifically requested by the individual.
F. Ornamental water use, including but not limited to fountains, artificial waterfalls, and reflecting pools.
G. The use of water or flushing sewers or hydrants by municipalities or any public or private individual or entity except as deemed necessary and approved in the interest of public health or safety by the utility.
H. The use of fire hydrants by fire companies for testing fire apparatus and for fire department drills except as deemed necessary in the interest of public safety and specifically approved by the municipal governing body.
I. The use of fire hydrants by municipal road departments, contractors and all others, except as necessary for fire fighting or protection purposes.
J. The filling of swimming or watering pools requiring more than five (5) gallons of water, or the refilling of swimming or wading pools which are drained after the effective date of the order, except that pools may be filled to a level of two feet below normal, or as necessary to protect the structure from hydrostatic damage, as to pools constructed or contracted for on or after the date of the final order.
(8) Recourse. Any person aggrieved by a decision relating to these rules rendered by a public utility may file a complaint with the Public Service Commission.
(9) Penalties. Any person who violates the provisions of this plan, who fails to carry out duties and responsibilities imposed by this plan, or who impedes or interferes with any action undertaken or ordered pursuant to this plan, shall be subject to the following penalties:
A. For the first excess use, a warning of possible discontinuation of service shall be issued to the customer by the utility.
B. For the second or subsequent excess use, the water supplier may interrupt or shut off service to the customer pursuant to Rule 4.08 as fraudulent use.
C. For the second or subsequent excess use, the utility may add a surcharge of 10% to the end users monthly bill for the month of the infraction, which surcharge shall be held by the utility in a separate bank account pending disposition as directed by the Public Service Commission.
(10) Effective Period. This plan shall remain in effect until terminated by action of the utility declaring an end to the emergency condition or until terminated by order of the Public Service Commission, whichever comes first. (Passed 8-14-91.)