(A) Declaration of water emergency. The Town Board of Aldermen or its authorized representative is authorized to declare that a water emergency exists. Depending on the severity of the emergency, voluntary (Stage 1) and mandatory (Stage 2 and Stage 3) staged water use restrictions as described in this subchapter shall be imposed upon all water customers.
(B) Staged water use restrictions.
(1) Stage 1 - Water Conservation Alert. A Stage 1 water shortage emergency may be declared in the event of an immediate water shortage, as so declared by state and/or local officials, or when there are three consecutive days when water demand exceeds 80% of the water production capacity. WATER PRODUCTION CAPACITY shall be defined as the maximum volume of water that meets or exceeds state and federal standards that the water treatment process can produce for the town during a 24-hour period. Water production capacity can vary depending on system component reliability and/or raw water conditions. During a declared Stage I water shortage emergency the following voluntary water conservation practices shall be encouraged:
(a) Inspect and repair all faulty and defective parts of faucets and toilets;
(b) Use shower for bathing rather than bathtub and limit shower to no more than five minutes;
(c) Do not leave faucets running while shaving, brushing teeth, rinsing or preparing food;
(d) Limit the use of clothes washers and dishwashers and when used, operate fully loaded. Operate dishwashers after the peak demand hours of 6:00 p.m. to 10:00 p.m.;
(e) Limit lawn watering to that necessary for plant survival. Water lawns before the peak demand hours of 6:00 a.m. to 10:00 a.m.;
(f) Water shrubbery the minimum required. Water shrubbery before the peak demand hours of 6:00 a.m. to 10:00 a.m.;
(g) Limit vehicle washing to a minimum;
(h) Do not wash down outside areas such as sidewalks, driveways, patios and the like;
(i) Install water-saving showerheads and other water conservation devices;
(j) Use disposable and biodegradable dishes where possible;
(k) Install water-saving devices in toilets such as early closing flappers;
(l) Limit hours of water-cooled air conditioners; and
(m) Do not fill swimming or wading pools.
(2) Stage 2 - Water Shortage Warning. A Stage 2 water shortage emergency may be declared in the event of an immediate water shortage, as so declared by state and/or local officials, or when there are two consecutive days when water demand exceeds 90% of the water production capacity. Water production capacity shall be defined as the maximum volume of water that meets or exceeds state and federal standards that the water treatment process can produce for the town during a 24-hour period. Water production capacity can vary depending on system component reliability and/or raw water conditions. During a declared Stage 2 water shortage emergency the following activities shall be prohibited:
(a) Watering lawns, grass, shrubbery, trees, flower and vegetable gardens except by hand-held hoses, container or drip irrigation system. A person who regularly sells plants will be permitted to use water on his or her commercial stock. A golf course may water its greens. State and town licensed landscape contractors may water any plants by hand-held hose or drip irrigation under a written warranty;
(b) Filling swimming or wading pools, either newly constructed or previously drained. Make up water for pools in operation will be allowed;
(c) Using water-cooled air conditioners or other equipment, in which cooling water is not recycled, unless there are health or safety concerns;
(d) Washing any type of mobile equipment including cars, trucks, trailers, boats or airplanes. Any persons involved in a business of washing motor vehicles may continue to operate;
(e) Washing outside surfaces such as streets, driveways, service station aprons, parking lots or patios;
(f) Washing the exterior of office buildings, homes or apartments;
(g) Using water for any ornamental fountain, pool, pond and the like, unless recycled;
(h) Serving drinking water in food establishments such as restaurants or cafeterias, unless requested to do so by a customer;
(i) Using water from a public or private fire hydrant for any reason other than to suppress a fire or other public emergency or as authorized by the Director of Public Works or his or her authorized representative;
(j) Using water to control or compact dust;
(k) Intentionally wasting water;
(l) Commercial and industrial water customers shall achieve mandatory reductions in water usage through whatever means are available. A minimum reduction of 20% shall be the target; however, a greater target reduction percentage may be required depending on the severity of the water shortage emergency. Compliance with the reduction target shall be determined by the Director of Public Works or his or her authorized representative. Variances to the target reduction may be granted by the Director or his or her authorized representative to designated public health facilities; and
(m) The town may require each water-dependent business or commercial enterprise to obtain a special license to operate during a Stage 2 water event.
(3) Stage 3 - Water Shortage Danger. A Stage 3 water shortage emergency may be declared in the event of an immediate water shortage, as so declared by state and/or local officials, or when there is one day when water demand exceeds 100% of the water production capacity. Water production capacity shall be defined as the maximum volume of water that meets or exceeds state and federal standards that the water treatment process can produce for the town during a 24-hour period. Water production capacity can vary depending on system component reliability and/or raw water conditions. During a declared Stage 3 water shortage emergency, the following activities shall be prohibited, in addition to activities prohibited under Stage 2:
(a) Watering lawns, grass, shrubbery, trees and flowers;
(b) Washing motor vehicles at commercial car wash establishments;
(c) Watering any vegetable garden except by hand-held hose, container or drip irrigation;
(d) Commercial and industrial water customers shall achieve mandatory reductions in water usage through whatever means are available. A minimum reduction of 50% shall be the target; however, a greater target reduction percentage may be required depending on the severity of the water emergency. Compliance with the reduction target shall be determined by the Director or his or her authorized representative. Variances to the target reduction may be granted by the Director or his or her authorized representative to designated public health facilities;
(e) In the event that the prohibition of the activities listed above is not sufficient to maintain an adequate supply of water for fire protection, all use of water for purposes other than maintenance of public health and safety shall be prohibited. Residential water use shall be limited to the amount necessary to sustain life through drinking, food preparation and personal hygiene; and
(f) The town may require each water-dependent business or commercial enterprise to obtain a special license to operate during a Stage 3 water event.
(C) Compliance plan during Stage 2 and Stage 3 emergencies. The Administrator, Director or an authorized representative may require that commercial and industrial water customers prepare plans detailing measures to be taken by them to achieve mandatory reductions in daily water usage during Stage 2 and Stage 3 emergencies. The plans shall be completed within 60 calendar days after receipt of notice to prepare them.
(D) Authority to discontinue service. Pursuant to the provisions of G.S. § 160A-175, water service may be temporarily discontinued for failure to comply with the mandatory restrictions in this subchapter. All applicable penalty fees may be applied in the event of such service suspensions. In the event of continued noncompliance with this subchapter, removal of meter and service will be deemed proper and service will be discontinued and tap fees and account deposits shall be forfeited.
(E) Appeals by customers of penalties and termination of service. Any user who receives a penalty and/or has service terminated as a result of violations of the mandatory restrictions in this subchapter may appeal upon notification to the Administrator. The Administrator shall be the final decision maker for appeals and shall transmit a written copy of the final decision by registered or certified mail within three days after notification.
(F) Adoption and enforcement of this subchapter by public or private water system. Unless enforcement will breach previous agreement, public or private water systems purchasing water from the town shall adopt and enforce this entire subchapter as a condition of water service. Upon declaration of a water shortage emergency, the public or private water systems shall enforce the appropriate water use restrictions for the level of declared emergency.
(G) Termination of restrictions. A water emergency declaration will expire when the Board of Aldermen or its authorized representative determines that the condition that causes the emergency has abated. The expiration or cancellation of a water shortage emergency declaration shall be promptly and extensively publicized.
(Ord. 07-38, passed 11-6-2007)