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No charge for the supply of water other than a meter charge, minimum charge or annual service charge shall be made against any houses or lots or any portion or portions thereof where a water meter may have been or shall be placed. In all cases where a water meter may have been or shall be placed, the charge for supply of water shall be determined only by the quantity of water actually used, as shown by such meters, except for a minimum charge or an annual service charge and except as provided by subdivision four of section seven hundred thirty-four of the charter.
a. It shall be unlawful for water to be wasted, whether owing to leak or wasteful condition, regardless of fault, from any water pipe, valve, faucet, conduit, equipment, facility or device connected to the city water system or which utilizes city water. It shall be the duty of an owner, lessee, agent, manager, operator and of any other person in charge of or who has control over any premises, plant, equipment, facility, device or operation to make frequent regular inspections so as to minimize the likelihood of leak or waste and within a reasonable time after the discovery or notification of any leak or wasteful condition to effect repairs or take other appropriate corrective action within the power of such person. The commissioner of environmental protection shall promulgate such reasonable rules and regulations as the commissioner may from time to time deem appropriate for the prevention of the waste of water.
b. In addition to enforcement pursuant to section 24-346 the commissioner may serve a leak and waste notice upon any person having a duty to repair or correct a leak or wasteful condition or upon any person in violation of the rules and regulations for the prevention of the waste of water. Such notice shall specify the repair or correction to be made and shall fix a reasonable time for compliance. Where such notice has been served and water continues to be wasted after the time for correction has expired, the commissioner may, after notice and an opportunity for a hearing before the commissioner or his or her designee, turn off the water supply to the premises or impose a penalty not to exceed fifty dollars per day for each day that water continues to be wasted after the expiration date contained in the notice, or both. Any penalty imposed pursuant to this section may be added to the water rents; except that no such penalty may be imposed against any property unless both the leak and waste notice and notice of the proceeding to impose the penalty was served upon the owner by mailing copies thereof to the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills at the address on file for such purpose or where no name appears to the property addressed to "owner" or "agent" and such person has had an opportunity to be heard. The provisions of this subdivision shall not be construed to limit the commissioner's power to shut off water supply without notice, or with such notice as the commissioner may deem practicable, where a leak exists; or where emergency action is otherwise deemed essential.
c. The department shall establish or reestablish a permanent committee on water conservation (the "committee") within six months of the effective date of this section consisting of outside experts, representatives of public interest, environmental and professional groups and interested citizens, two of whom shall be appointed by the city council and the rest shall be appointed by the commissioner. The members of the committee shall serve without compensation for a term of three years. The commissioner shall be the chairman.
d. Within one year after the effective date of this section, and annually thereafter, the committee shall submit to the city council a report evaluating the effectiveness of paragraphs a through e, of subdivision P.104.2 of section P.104.0 of RS 16 describing the latest available water-conserving fixtures, and including written recommendations. The department shall make available to the committee any and all information useful and necessary for the committee to prepare and complete the report for submission to the city council. To prepare such report the committee shall utilize any information and/or materials determined to be pertinent that have been published, distributed or in any other manner made available from state agencies, public and private research groups, multistate agencies such as the Delaware River Basin Commission, and other similar public or private agencies or groups with expertise with respect to water-conserving plumbing fixtures. The report shall include, but not be limited to:
(1) a review of compliance with paragraphs a through e, of subdivision P.104.2 of section P.104.0 of reference standard RS 16 of the appendix to chapter one of title twenty-seven of this code, the impact of such compliance, and the relationship of the standards set forth herein to current technology;
(2) recommendations as to the feasibility of requiring more stringent water-saving performance standards than provided in paragraphs a through e of subdivision P.104.2 of section P.104.0 of reference standard RS 16.
e. The department shall establish a city-wide comprehensive public information campaign focusing on water-conserving fixtures, the benefits of good water-saving equipment, and the opportunity for rapid pay-back and long-term money savings, especially in energy costs, for home owners and landlords. Within six months after the effective date of this section, a proposal for the public information campaign shall be submitted to the city council for review and commentary. The department shall report annually to the city council on the status of the public information campaign.
The commissioner is authorized to install or cause to be installed a meter or meters in any premises where repeated violation notices to prevent waste of water are necessary, or where the owner fails to comply with waste of water violation notices.
a. It shall be unlawful for any person to distribute, sell, offer for sale, import or install any plumbing fixture which does not meet the standards of subdivision P.104.2 of section P.104.0 of reference standard RS sixteen.
b. An owner who has installed a shower head in a class A dwelling unit which meets the standards of subdivision P.104.2 of section P.104.0 of reference standard RS sixteen shall not be required to replace any such device which is stolen, removed, missing or rendered inoperable during the occupancy of such dwelling unit but shall replace such device prior to the commencement of a new occupancy of such dwelling unit. Notwithstanding the provisions of section 27-2005, it shall be the sole duty of the occupant of each dwelling unit in a class A multiple dwelling in which such a shower head has been provided and installed by the owner to replace such devices which are either stolen, removed, missing or rendered inoperable during the occupancy of such dwelling unit. The meaning of terms used in this subdivision shall be as defined in chapter two of title twenty-seven of this code.
Nothing contained in sections 24-335 through 24-337 of the code shall be construed to prevent the imposition of charges in accordance with schedules, rules or regulations heretofore adopted or the performance of any act required or authorized under such schedules, rules or regulations or under the provisions of sections 24-335 through 24-337, 11-301, 11-312 and 11-314 of the code, nor to affect or invalidate charges heretofore imposed, or hereafter to be imposed as herein provided, nor to prevent the due collection of such charges or interfere with the liens thereof.
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