When the town’s Board of Commissioners has declared a water shortage emergency and finds a need to provide for the equitable distribution of critically-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, it shall be empowered to provide for mandatory rationing by adoption of a resolution.
(A) Objectives of rationing. A resolution that provides for mandatory rationing shall state findings that:
(1) It is imperative that water customers achieve an immediate further reduction in 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 to provide fire protection service;
(2) The immediate further reduction in water usage is another step along a continuum of responses to the present water supply shortage. Should shortage continue, further reductions in usage may be required. It must be emphasized that the additional usage reduction in the rationed area is a valid and attainable goal reflective of the conditions, which currently exist; and
(3) The plan provides for equitable reductions in water usage and for equal sacrifice on the part of each water customer. The success of this chapter depends on the cooperation of all water customers in the emergency area.
(B) Water use rationing for residential users.
(1) Metered residential water customers and allotments.
(a) The number of permanent residents in each dwelling unit (household) will determine the amount of water that each household will be allowed.
(b) Each dwelling unit (household) shall be allotted 25 gallons per day for each resident of the household. Households with only one permanent resident will have a daily allotment of 30 gallons.
(c) Residential water customers are required to provide municipality and utility personnel with reasonable access to read meters as necessary to this rationing declaration. Where access is not readily available, all reasonable efforts to contact customers in order to arrange for access to read meters shall be made. In the event a water customer does not allow entry to read the meter after reasonable efforts to arrange for such access, the dwelling unit (household) allotment will be reduced to 30 gallons per day.
(d) If it is found that the residential water allotment provided under this section would create an extraordinary hardship for individual customers, as in the case of special health-related requirements, a revised allotment for the particular customer may be established.
(C) Water use rationing for non-residential water users.
(1) Non-residential customers include commercial, industrial, institutional, public and all other such users, with the exception of hospital and health care facilities.
(2) Non-residential water customers shall further reduce their water usage to 25 gallons per person per day or to 50% of normal usage during the period of this resolution.
(3) It is the primary responsibility of each non-residential water customer to meet its mandated water use reduction goal in whatever manner possible, including limitation of operating hours or days if necessary.
(4) The town will establish a water allotment for each non-residential water customers, based upon a required further reduction water usage from the rate of water used by the customer during the period described in division (C)(2) above.
(5) Each non-residential water user shall provide access to town personnel for purposes of meter reading and monitoring of compliance with this chapter.
(6) (a) If the mandated further reduction in water usage cannot be obtained without imposing extraordinary hardship which threatens health and safety, the non-residential customer may apply to the town for a variance.
(b) For these purposes EXTRAORDINARY HARDSHIP means a permanent damage to property or an economic loss which is substantially more severe than the sacrifices borne by other water users subject to the water rationing resolution. If the further reduction would cause an extraordinary hardship or threaten health or safety, a variance may be granted by the town and a revised water use reduction requirement for the particular customer may be established.
(7) The town will provide each non-residential customer with suggested means to reduce usage levels. (See § 51.11 of this code.)
(D) Water use rationing for hospitals and health care facilities.
(1) Hospitals and health care facilities shall comply with all restrictions imposed on residential and non-residential water customers as may be applicable to each individual institution, to be extent compliance will not endanger the health of patients or residents of the institution.
(2) Each hospital or health care facility shall survey its water usage patters and requirements and implement such additional conservation measures as may be possible without endangering the health of its patients or residents to achieve a further reduction in the institution’s water usage.
(3) The town will provide each hospital and health care facility with suggested means to reduce usage levels. (See § 51.11 of this code.)
(E) Enforcement of water rationing.
(1) The town will have primary responsibility for monitoring of compliance with the water rationing resolution.
(2) The following provisions shall govern the implementations of temporary service interruptions.
(a) In order to effectuate compliance with this chapter, the town is hereby authorized and required to plan and implement temporary service interruptions to all or part of its water distribution system, as may be deemed appropriate, when any and/or all of the following conditions are determined to exist:
1. The mandated reduction in system-wide usage has not been achieved;
2. The mandated reduction in system-wide water usage has been achieved, but has failed to have a significant impact in extending limited water supplies; or
3. Temporary service interruptions are necessary in order to further extend limited and/or dwindling water supplies.
(b) In the event it is determined that temporary service interruptions are necessary, the town shall notify its customers through the public media (newspapers, radio and television), at least one day prior to the temporary service interruption, that a planned, temporary service interruption is to be imposed. Such notice shall:
1. State the day or days when the planned, temporary service interruption will occur;
2. State the time(s) when such planned, temporary service interruptions will commence, and the time(s) such interruption will cease;
3. State whether the planned, temporary service interruptions are to be imposed on the entire system, or part thereof, and if only part(s) of the system will experience planned, temporary service interruption, identify geographic boundaries within which such interruptions will occur; and
4. Advise all customers within the areas affected by planned, temporary service interruptions how to treat any water received from the system, for human consumption, during the period(s) of such interruptions and for such additional time as may be necessary until full pressure is restored to the system.
(c) If a planned, temporary service interruption is imposed as authorized and required by this chapter, the town must provide for the continued delivery of water to health care facilities within the area(s) effected by such interruptions, by means of any adequate, alternative delivery measures that may be necessary.
(d) If a planned, temporary service interruption is implemented, the town must make provision, by any means possible, for the continued delivery of such water as may be necessary for the proper operation of sewage collection, treatment and disposal systems and facilities.
(3) Any residential or non-residential water customer who exceeds the allotments established pursuant to this water rationing will be subject to the following excess-use civil penalties.
(a) Excess-use civil penalties will be collected based on the amount by which a customer’s use exceeds the ware allotments established pursuant to the local water rationing declaration, computed in accordance with the following schedule:
Excess Usage per Month
|
Civil Penalty for Excess
|
First 2,000 gallons or portion thereof | $20 per 1,000 gallons or portion thereof |
Each 1,000 gallons or portion thereof, thereafter | $15 per 1,000 gallons or portion thereof |
(b) Any monies collected through excess-use civil penalties shall not be accounted for as income, but shall be placed in a reserve account that is dedicated to addressing water shortage problems and water conservation initiatives.
(4) In addition to the excess-use civil penalty, non-compliance with the water rationing provisions of this chapter will result in the following.
(a) For the first excess use, a warning of possible discontinuation shall be issued to the customer.
(b) For the second or subsequent excess use, service to the customer may be interrupted or shut off for a period not to exceed 48 hours, or, if the customer provides access, a flow restrictor may be installed in the customer’s service line for the duration of the emergency. The cost incurred to interrupt or shut of and reinstate service, or to install and remove a flow restrictor shall be assessed to the water customer.
(c) Before service to an individual may be terminated under this provision, actual notice of the intent to discontinue shall be given, which shall include notice that the customer may appear at a designated time and place (within 24 hours) for an informal hearing to show why service should not be discontinued.
(5) Meter reading schedules are authorized to be altered to assure adequate monitoring of compliance with this chapter.
(6) Any customer or other person aggrieved by a decision or action imposing an excess-use civil penalty or other remedy for non-compliance with the requirements of this chapter may proceed in accordance with the following provisions.
(a) The town shall adopt procedures, which provide an opportunity for the customer or aggrieved party to rebut the finding of a violation, or provide evidence of circumstances beyond the customer’s control, which resulted in the violation.
(b) A record of evidence regarding disputed violations shall be kept, and a written notice of the town’s final decision and action in such cases shall be provided to the customer or aggrieved party.
(Ord. O-07-002, passed 7-2-2007) Penalty, see § 51.99