(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
NONRESIDENTIAL CUSTOMER. Commercial, industrial, institutional, public and all other users with the exception of hospitals and health care facilities.
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.
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.
WATER CUSTOMER. Any person who is connected to and receives water services from a water supply system.
(B) 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 limit available supplies and to assure that sufficient water is available to preserve public health and safety within the emergency service area.
(C) Scope. This Local Water Rationing Plan shall apply to all water uses within the service area of all customers and entities served by the city, (emergency service area) encompassing all or part of municipalities, associations or public service districts.
(D) Objective of the Plan.
(1) 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.
(2) The objective of this Local Water Rationing Plan is to effect an immediate 25% reduction in water usage.
(3) The immediate 25% reduction in water usage is another step along a continuum of responses to the present water supply crisis. Should conditions continue, further reductions in usage may be required. It must be emphasized that the 25% usage reduction in the emergency area is a valid and attainable figure reflective of the conditions which currently exist.
(4) The Plan provides for equitable reductions in water usage, and for equal sacrifice on the part of each water customer. The success of this Plan depends on the cooperation of all water customers in the emergency service area.
(E) 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.
(F) Prohibited non-essential water uses. The following water uses are declared non-essential and are prohibited within the emergency service area:
(1) The watering of lawns;
(2) The watering of outdoor gardens, landscaped areas, trees, shrubs, and other outdoor plants, by means other than a bucket, pail or hand held hose equipped with an automatic shut-off nozzle between the hours 5:00 p.m. and 9:00 a.m.;
(3) The watering of golf course fairways;
(4) The non-commercial washing of automobiles and trucks;
(5) The washing of streets, driveways, and sidewalks;
(6) The serving of water in restaurants, clubs or eating places unless specifically requested by the individual;
(7) Ornamental water use, including, but not limited to, fountains, artificial waterfalls, and reflecting pools;
(8) The use of water for 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 City Water Department;
(9) 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;
(10) The use of fire hydrants by municipal road departments, contractors and all others, except as necessary for fire fighting or protection purposes;
(11) The use of water to fill and top off swimming pools.
(G) General requirement for water use reductions. Each and every water customer, regardless of whether residential, industrial, municipal, institutional or other type of user, shall achieve the water use reductions set forth in this Local Water Rationing Plan. In order to achieve the overall objective of the Plan, the water use restrictions and limitations set forth in divisions (H) through (J) shall apply.
(H) Water use restrictions 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 40 gallons per day for each resident of the household. Households with only one permanent resident will have a daily allotment of 55 gallons.
(c) Residential water customers are required to provide water purveyor personnel with reasonable access to read meters as necessary to implement this rationing plan. Where access is not readily available, the purveyor shall make all reasonable efforts to contact customers in older to arrange for access to read meters. In the event a water customer does not allow water purveyor personnel entry to read the meter, after the purveyor has made reasonable efforts to arrange for such access, the dwelling unit (household) allotment will be reduced to 55 gallons per day.
(d) 1. Where the residential water allotment provided under this section would create extraordinary hardship, as in the case of special health-related requirements, the water customer may apply to the water supply purveyor for an exemption or variance from these requirements. If the purveyor finds that the allotment provided in this section would impose extraordinary hardship, the purveyor may establish a revised allotment for the particular customer.
2. Any person aggrieved by a decision relating to such an exemption or variance rendered by a public utility or municipal corporation rendering water service beyond its corporate limits may file a complaint with the Public Service Commission in accordance with the procedures established under the Public Utility Code.
3. Any person aggrieved by a decision relating to such an exemption or variance rendered by a water supply purveyor not under the jurisdiction of the Public Service Commission may file an appeal with the circuit court in the county where the water service is provided.
(2) Non-metered residential water customers and allotments.
(a) In order to effectively implement and monitor the residential water conservation effort, a water allotment shall be established for the entire water system based on 40 gallons per day per capita served or 75% of the water used by the entire system during the same quarter of the preceding year, whichever is greater.
(b) The purveyor will establish a communication system with the customers through public media to inform customers of the requirements of the city's proclamation and this Local Water Rationing Plan; possible conservation measures that customers may employ; the system allotment; and a daily report of whether the usage was within the allotment.
(c) Metered and non-metered residential customers of the same water supply system. Where a water supply system serves both metered and non-metered residential customers, the allotments and procedures provided under both subdivisions (1) and (2) of this division shall be applied, as appropriate.
(d) Suggested conservation measures. The purveyor will provide residential water customers with suggested means for reducing water consumption in order to achieve the established allotment. These suggestions may include:
1. Locate and repair all leaks in faucets, toilets, and water-using appliances.
2. Adjust all water-using appliances to use the minimum amount of water in order to achieve the appliance's purpose.
3. Use automatic washing machines and dishwashers only with full loads; preferably, to wash dishes by hand.
4. Take shorter showers and shallower baths.
5. Turn off shower while soaping; turn off faucet while brushing teeth, and the like.
6. Install flow restrictors in showerheads and faucets.
7. Reduce the number of toilet flushes per day. Each flush uses about 5 gallons. Reduce water used per flush by installing toilet tank displacement inserts.
8. Use sink and tub stoppers to avoid wasting water.
9. Keep bottle of chilled drinking water in refrigerator.
10. Read the meter to determine the household's daily water use.
(I) Water use restrictions for non-residential water customers.
(1) Non-residential customers include commercial, industrial, institutional public, and all other users, with the exception of hospitals and health care facilities.
(2) Non-residential water customers shall reduce their water usage by a minimum of 25% of use levels for the same quarter of the preceding year.
(3) It is the primary responsibility of each non-residential water customer to meet its mandated water use reduction goal in whatever manner possible.
(4) The water supply purveyor will establish a water allotment for each non-residential water customer, based upon a required 25% reduction of water usage from the rate of water used by the water customer in the same quarter of the preceding year or the last recorded use level if no meter readings record the rate of the customer's use in the same quarter of the preceding year.
(5) Each non-residential water user shall provide access to water supply purveyor personnel for purposes of meter reading and monitoring of compliance with this Plan. The water purveyor shall make all reasonable efforts to contact customers to arrange for access.
(6) (a) If the mandated 25% reduction in water usage cannot be obtained without imposing extraordinary hardship threatening health and safety, the non-residential customer may apply to the water purveyor who provides the customers' service for a variance. For these purposes,
EXTRAORDINARY HARDSHIP means a permanent damage to the property or economic loss which is substantially more severe than the sacrifices borne by other water users subject to this Water Rationing Plan. If the purveyor finds that the 25% reduction would cause extraordinary hardship or threaten health or safety, the purveyors may grant a variance and establish a revised water use reduction requirement for the particular customer.
(b) Any person aggrieved by a decision relating to such a variance rendered by a public utility or municipal corporation rendering water service beyond its corporate limits may file a complaint with the Public Service Commission in accordance with the procedures established in the Public Utility Code.
(c) Any person aggrieved by a decision relating to such a variance rendered by a water supply purveyor not subject to the jurisdiction of the Public Service Commission may appeal the decision to the Water Board of the city.
(7) The water purveyor will provide each non-residential customer with suggested means to reduce usage levels. These suggestions may include:
(a) Identify and repair all leaky fixtures and water-using equipment. Special attention is to be given to equipment connected directly to the water line, such as processing machines, steam-using machines, washing machines, water-cooled air conditioners and furnaces.
(b) Assure that the valves and solenoids, which control water flows, are shut off completely when the water-using cycle is not engaged.
(c) Adjust water-using equipment to use the minimum amount of water required to achieve its stated purpose.
(d) Shorten rinse cycles for laundry machines as much as possible; lower water levels should be implemented wherever possible.
(e) Temperature settings of hot water for showers should be set down at least 10° to discourage lengthy shower taking.
(f) Where plumbing fixtures can accommodate them, flow restricting or other water-saving devices should be installed.
(g) Review usage patterns to see where other savings can be made.
(h) For a processing and cooling and other uses where possible, either reuse water or use from sources that would not adversely affect public water supplies.
(i) Advise employees, students, patients, customers, and other users, not to flush toilets after every use. Install toilet tank displacement inserts; place flow restrictors in shower heads and faucets; close down automatic flushes overnight.
(j) Adjust flush-o-meters and automatic flushing use as little water as possible or to cycle at greater intervals.
(k) Encourage water-consciousness by placing water-saving posters and literature where employees, students, patients and customers, and the like will have access to them.
(8) Customers should read water meters on a frequent basis to determine consumption patterns.
(J) Water use restrictions for hospitals and health care facilities.
(1) Hospitals and health care facilities shall comply with all restrictions imposed on residential and nonresidential water customers as may be applicable to each individual institution, to the extent compliance will not endanger the health of the patients or residents of the institution.
(2) Each hospital and health care facility shall survey its water usage patterns and requirements and implement such additional conservation measures as may be possible without endangering the health of patients or residents to achieve a 25% reduction in the institution's water usage.
(3) The water purveyor will provide each hospital and health care facility with suggested means to reduce usage levels. These suggestions may include:
(a) Reduce laundry usage or services by changing bed linen, and the like, only where necessary to preserve the health of patients or residents.
(b) Use disposable food service items.
(c) Eliminate, postpone or reduce, as may be appropriate elective surgical procedures during the period of the emergency.
(K) Enforcement of Water Rationing Plan.
(1) The water supply purveyor will have lead responsibility for monitoring of compliance with this Water Rationing Plan.
(2) The following provisions shall govern the implementation of temporary service interruptions:
(a) In order to effectuate compliance with this Plan, the water supply purveyor is hereby authorized and required to plan and implement temporary service interruptions to all or part of its water supply system, as the water supply purveyor may deem appropriate, when any and/or all of the following conditions are determined by each water supply purveyor to exist, as to its water supply system:
1. A 25% reduction in system-wide water usage has not been achieved;
2. The 25% reduction in system-wide water usage has been achieved, but has failed to have a significant impact in extending limited water supplies; and/or
3. Temporary service interruptions are necessary in order to further extend limited and/or dwindling water supplies.
(b) 1. In the event that the water supply purveyor determines that temporary service interruptions are necessary, the water supply purveyor shall notify its customers through the public media (newspapers, telephone and television) serving the customers of the water supply purveyor in its service territory, at least one day prior to the temporary service interruptions, that a planned, temporary service interruption is to be imposed.
2. In addition, the water supply purveyor shall notify the West Virginia Public Service Commission, if the water supply purveyor is subject to the jurisdiction of the Commission.
3. Such notice shall:
a. State the day or days when the planned, temporary service interruptions, will occur;
b. State the time(s) when such planned, temporary service interruptions will commence, and the time(s) such interruptions will cease;
c. State whether the planned, temporary service interruptions are to be imposed on the entire system, or a part thereof, and, if only part(s) of the system will experience planned, temporary service interruptions, identify the geographical boundaries within which the planned, temporary service interruptions will occur; and
d. 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 planned, temporary service interruptions and for such additional time as may be necessary until full pressure is restored to the system.
(c) If the water supply purveyor imposes planned, temporary service interruptions as authorized and required by this Plan, it must provide for the continued delivery of water to health care facilities within the area(s) affected by such interruptions, by means of any adequate, alternative delivery measures that may be necessary.
(d) If the water supply purveyor implements planned, temporary service interruptions, it 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 Plan will be subject to the provisions of subdivision (4) of this division.
(4) Non-compliance with the Water Rationing Plan will result in the following:
(a) For the first excess use, a warning of possible discontinuation shall be issued to the customer by the water supply purveyor.
(b) For the second or subsequent excess use, the water supplier may interrupt or shut-off service to the customer for a period not to exceed 48 hours, or, if the customer provides access, the water supplier may install a flow restrictor in the customer's service line for the duration of the emergency. The cost incurred by the water purveyor to interrupt or shut-off and reinstate service, or to install and remove a flow restrictor, shall be assessed to the water customer by the water purveyor.
(5) Each water purveyor is authorized to alter meter reading schedules to assure adequate monitoring of compliance with this Plan.
(a) Any person aggrieved by the final decision or action of a public utility or municipal corporation rendering water service beyond its corporate limits may file a complaint with the Public Service Commission in accordance with the procedures established under the Public Utilities Code.
(b) Any person aggrieved by the final decision or action of a water supply purveyor not subject to the Public Service Commission may file an appeal with the circuit court in the county where the water service is provided.
(L) Violations. 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 penalties provided by law.
(Ord. 871, passed 5-26-88) Penalty, see § 101.99