A. Water Waste Prohibited: No person, firm, corporation, county, state, federal, or municipal facility or operation which is served by the water department shall cause or permit to occur any water waste.
B. Unforeseeable Events: For unforeseeable or unpreventable failure or malfunction of plumbing or irrigation hardware, the town shall generally issue a formal warning notice prior to taking enforcement action. Prior to taking formal enforcement action, the town may instruct the water user to not operate the faulty system until it is appropriately repaired. If operating the system is integral to the operation of the facility, the town may, in its discretion, provide a period of time in which to remedy the violation prior to commencing formal enforcement action. Once a warning notice or an initial citation has been issued for an outdoor occurrence, subsequent water waste events shall be subject to strict enforcement. Strict enforcement may include the issuance of citations and such other actions as the town deems necessary to bring the user into compliance. For indoor water waste events and for those water waste events outdoors caused by a faulty system which is integral to the operation of the facility, the waste must be abated within seven (7) calendar days of the issuance of a warning notice. Enforcement action shall be commenced if the water waste continues to occur beyond the seven (7) day period.
C. Fugitive Water Flow Prohibited: No person, firm, corporation, county, state, federal, or municipal or other government facility or operation shall cause or permit the occurrence of fugitive water.
D. Exemptions:
1. "Water waste" shall not include:
a. Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities.
b. Water applied to abate spills of flammable or otherwise hazardous materials.
c. Water applied to prevent or abate health, safety, or accident hazards when alternate methods are not available.
d. Water which reaches or flows onto adjacent property or public or private right of way when caused by vandalism, wind, emergencies, or acts of God.
e. Flow resulting from a routine inspection or maintenance of the town water utility system.
f. Water used by the town in the installation, maintenance, repair, or replacement of public facilities and structures including, but not limited to, traffic control devices, storm and sanitary sewer structures, and road or street improvements.
g. Water used by contractors or utilities including, but not limited to, saw cutting of pavement, compaction, or other use required under terms of their contract.
h. Firefighter training activities for which written approval has been granted by the water department.
2. "Fugitive water" shall not include:
a. Storm runoff, including snowmelt runoff, allowed under provisions of article VIII SFCC 1987 14-90.4.
b. Flow resulting from temporary town water utility system failures or malfunctions.
c. Water applied, such as in the cleaning of hard surfaces, to prevent or abate public health, safety, or accident hazards when alternate methods are not available. The washing of outdoor eating areas and sidewalks is not included in this exemption.
d. Flow resulting from vandalism, high winds, emergencies, and acts of God.
e. The occurrence of an unforeseeable or unpreventable failure or malfunction of plumbing or irrigation system hardware prior to the issuance of a formal warning notice issued to the water user. Once a formal warning notice has been issued, the water user is instructed not to operate the faulty system until it is appropriately repaired, unless operating the system is integral to the operation of the facility. Once a warning notice has been issued, subsequent fugitive water events at the same location will be subject to issuance of citations. (Ord. O 12-01, 2-7-2012)