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(A) In the event a Stage I Voluntary Water Shortage Condition is declared, the following guidelines shall apply.
(1) An extensive publicity campaign will be initiated using public media to inform the public of an impending or existing water shortage.
(2) Conservation measures will be encouraged and recommended.
(B) In the event a Stage I Voluntary Water Shortage Condition is declared, the following guidelines shall apply, and the public shall be encouraged to adhere to the following:
(1) Limit car washing to the minimum;
(2) Limit lawn and garden watering to that which is necessary for plants to survive;
(3) Do not wash down outside areas such as sidewalks, patios, parking lots, service bays or aprons and the like;
(4) Do not leave faucets running while shaving or rinsing dishes;
(5) Water shrubbery to the minimum required, reusing household water when possible;
(6) Limit use of clothes washers and dish washers and when used, operate fully loaded;
(7) Use of showers for bathing, rather than bathtub, and limit showers to no more than four minutes;
(8) Limit flushing of toilets by multiple usage;
(9) The use of disposable and biodegradable dishes is encouraged;
(10) The use of flow-restrictive and water-saving devices is encouraged;
(11) Limit hours of operation of water-cooled air conditioners;
(12) All residents, businesses and institutions are requested to temporarily delay new landscape work until the water shortage has ended; and
(13) Use only hoses with spring-activated nozzles when watering lawns and gardens.
(Ord. passed 9-16-2008) Penalty, see § 10.99
(A) In the event the Town Manager issues a declaration of a Stage II Mandatory Water Shortage Condition, then it shall be unlawful for any person, firm or corporation to use or permit the use of water from the town water system in a manner inconsistent with the declaration until such time as the declaration of a Stage II Mandatory Water Shortage Condition has been rescinded. In exercising the authority for declaring a Stage II Mandatory Water Shortage Condition, consideration shall be given, as applicable, to water shortage levels and available sources of supply, available usable storage on hand, drawn-down rates, the projected supply capability, outlook for precipitation, daily water use patterns and availability of water from other sources.
(B) In the event a Stage I Voluntary Water Shortage Condition declaration is ineffective in adequately reducing demand; maintenance of the system (whether preventive or breakdown maintenance, or due to an event of force majeure) requires a reduction in demand; mandatory restrictions are required to comply with any permit for the system issued by applicable state or federal authorities; sustained water demand exceeds 95% of the county water system treatment and/or transmission capacity (average daily flow); or Duke Power Company LLC, doing business as Duke Energy Carolinas, LLC, declares a Stage 2 Low Inflow Condition pursuant to the Comprehensive Relicensing Agreement for the Catawba- Wateree Hydro Project (FERC Project No. 2232) dated December 22, 2006, to which the county is a party, thus compelling certain mandatory water use restrictions by town, then upon occurrence of any such event the Town Manager may issue a declaration that a Stage II Mandatory Water Shortage Condition exists. Such declaration may prohibit any one or more of the types of water uses regulated under a Stage I, Stage III or Stage IV Water Shortage Condition, provided that the Town Manager , in his or her discretion and acting in the best interests of the health, safety and welfare of the citizens, may further regulate usage on the following bases: time of day; day of week; customer type, including without limitation, residential, commercial, industrial and institutional; and physical attribute, such as address. After consultation with the Board of Commissioners, the Town Manager may also take such other measures as deemed necessary to give effect to the intent of this chapter.
(Ord. passed 9-16-2008) Penalty, see § 10.99
(A) In the event the Town Manager issues a declaration of a Stage III Mandatory Water Shortage Condition, then it shall be unlawful for any person, firm or corporation to use or permit the use of water from the Town of Wingate water system for any purpose hereinafter set forth until such time as the declaration of a Stage III Mandatory Water Shortage Condition has been rescinded. In exercising the authority for declaring a Stage III Mandatory Water Shortage Condition, consideration shall be given, as applicable, to water shortage levels and available sources of supply, available usable storage on hand, drawn-down rates, the projected supply capability, outlook for precipitation, daily water use patterns and availability of water from other sources.
(B) In the event a Stage II Mandatory Water Shortage Condition is in effect and the system demand still exceeds system capacity; or Duke Power Company LLC, doing business as Duke Energy Carolinas, LLC, declares a Stage 3 Low Inflow Condition pursuant to the Comprehensive Relicensing Agreement for the Catawba-Wateree Hydro Project (FERC Project No. 2232) dated December 22,2006, to which the county is a party, thus compelling certain mandatory water use restrictions by the county, then in either such event a Stage III Mandatory Water Shortage Condition may be declared. In addition to any voluntary and mandatory guidelines already in effect, it shall be unlawful to use water supplied by the town water system in the following manner:
(1) To water lawns; provided that shrubbery, trees, flowers and vegetable gardens may be watered by hand or by drip irrigation;
(2) To conduct residential vehicle washing;
(3) To wash public buildings, sidewalks and streets, except as required for safety and/or to maintain regulatory compliance;
(4) To use water for dust control during construction;
(5) To conduct flushing or hydrant testing programs, except to maintain water quality or other special circumstances approved by the Director in advance;
(6) To fill new swimming pools; and
(7) To serve drinking water in restaurants, cafeterias or other food establishments, except upon request.
(Ord. passed 9-16-2008) Penalty, see § 10.99
(A) In the event the Town Manager issues a declaration of a Stage IV Mandatory Water Shortage Condition, then it shall be unlawful for any person, firm or corporation to use or permit the use of water from the town water system for any purpose hereinafter set forth until such time as the declaration of water shortage has been rescinded. In exercising the authority for declaring a water shortage condition, consideration shall be given, as applicable, to water storage levels and available sources of supply, available usable storage on hand, draw-down rates, the projected supply capability, outlook for precipitation, daily water use patterns and availability of water from other sources.
(B) In the event: a Stage III Mandatory Water Shortage Condition exists and the system demand still exceeds system capacity; or Duke Power Company LLC, doing business as Duke Energy Carolinas, LLC, declares a Stage 4 Low Inflow Condition pursuant to the Comprehensive Relicensing Agreement for the Catawba-Wateree Hydro Project (FERC Project No. 2232) dated December 22, 2006, to which the county is a party, thus compelling certain mandatory water use restrictions by the county, then in either such event a Stage IV Mandatory Water Shortage Condition may be declared. In addition to the restrictions for Stage I, Stage II and Stage III Water Shortage Conditions, the following restrictions shall also apply:
(1) To induce water into any pool;
(2) Use water outside a structure for any use other than an emergency involving a fire;
(3) Fire protection to be maintained by drafting of ponds, rivers and the like, wherever possible;
(4) The use of throw-away utensils and plates is encouraged and recommended at all eating establishments;
(5) To operate an evaporative air conditioner which recycles water except during operating hours of business; and
(6) Use potable water for road construction practices, i.e., compaction and washing.
(Ord. passed 9-16-2008)
During a water shortage:
(A) Water shortage conditions will expire when the Town Manager, after consultation with the Board of Commissioners and, upon recommendation of the Director, deems that the condition which caused the water shortage condition has abated; and
(B) The expiration or cancellation of a water shortage declaration shall be promptly and extensively publicized.
(Ord. passed 9-16-2008)
(A) Compliance with the provisions of this chapter shall be enforced by personnel of the Town Public Works Department, hereinafter referred to as “WPW”, independent contractors engaged by WPW for such purpose, and such other personnel as designated by the Town Manager.
(B) The use of water from the town water system by a customer in violation of any mandatory water conservation control imposed pursuant to this chapter is unlawful. For purposes of this chapter, the term CUSTOMER shall mean any person or entity in whose name the town maintains an account for water use. Further, the refusal or failure of a customer or other person acting on the customer’s behalf to cease immediately a violation of a water conservation control, after being directed to do so by a person authorized to enforce the provisions of this chapter, is unlawful. Each customer is responsible for any use of water that passes through the service connection associated with the customer’s account or otherwise passes through the customer’s private water system.
(C) Any customer who violates or permits the violation of any mandatory water conservation control imposed pursuant to this chapter shall be subject to civil penalties as follows:
(1) A warning for the first offense;
(2) A civil penalty in the amount of $1 for the second offense; and
(3) A civil penalty in the amount of $500 for the third and subsequent offenses. Each day that a violation of a mandatory water conservation control occurs shall be considered to be a separate and distinct offense.
(D) Violations shall be accumulated by customers so long as this chapter, in any of its stages, is continuously in effect and until no stage of this chapter has been in effect for a period of one calendar year. Violations of any mandatory water conservation control of any stage shall accumulate with violations of other stages. Should a customer move, or cease and renew service, during the period described herein, the customer’s violations shall continue to accumulate as if such move or cessation had not occurred.
(E) Each civil penalty assessed against a customer pursuant to this chapter shall be added to the customer’s water bill and shall be paid in the same manner as the payment of water bills. A customer’s partial payment of a water bill shall be applied first to satisfaction of the civil penalties. Failure to pay all or any portion of a water bill, including any civil penalty assessed pursuant to this chapter, in a timely manner may result in the termination of water service.
(F) The violation of any water conservation control or provision of this chapter may be enforced by all remedies authorized by law for noncompliance with town ordinances, including, without limitation, the assessment of a civil penalty and action for injunction, order of abatement or other equitable relief; provided, however, that no violation of any water conservation control or provision of this chapter shall be a basis for imposing any criminal remedy.
(Ord. passed 9-16-2008)
(A) In addition to the payment of any civil penalty assessed pursuant to § 52.08, a customer shall be subject to termination or restriction of water service following four or more violations of any water conservation control imposed pursuant to this chapter. Water service will not be restored at such service connection until the customer agrees to such terms as determined by the Director to be reasonably necessary or advisable to ensure the customer’s compliance with such water conservation controls as are then in effect or may be imposed pursuant to this chapter and the payment of all the customer’s obligations, including, without limitation, all outstanding charges for water service, civil penalties and all other fees, amounts and penalties charged in accordance with the provisions of this chapter. If a customer violates such a term or condition, the customer shall be subject to a civil penalty of up to $1,000 in addition to any other remedy authorized pursuant to this chapter and termination of water service through such service connection for up to a minimum period of 15 days. Service may be restored thereafter in accordance with the provisions of this section.
(B) A customer whose water service is terminated pursuant to this section shall not be entitled to notice and an opportunity for a hearing in advance of such termination. Although service of notice and an opportunity for hearing are not conditions precedent to termination of service, WPW will endeavor to provide such notice as soon as reasonably practicable after a decision is made to terminate such service. A customer whose service is terminated pursuant to this section or who receives notice of such a termination shall have five calendar days after termination of service or receipt of notice of termination, whichever is later, to appeal such termination to the Director, or his or her designee, by delivering a written notice of appeal. A hearing shall be held on such appeal within three business days of receipt of the notice of appeal, or by such other date as approved by the Director, or his or her designee, and the customer.
(Ord. passed 9-16-2008)
The following shall apply at all times to the outdoor sprinkling of lawns, shrubbery, trees, flowers, gardens and other outside irrigation systems. By July 1, 2009, all irrigation systems equipped with a timer shall be equipped with rain sensors as approved by WPW. Rain sensors shall be activated to prevent the system from operating after one-fourth inch of rain has fallen.
(Ord. passed 9-16-2008)
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