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HomeMy WebLinkAboutDIV II) CH 1 Water Service: Section 39 - Drought Response Conservation Program39-1 SECTION 39.DROUGHT RESPONSE CONSERVATION PROGRAM 39.01 DECLARATION OF NECESSITY AND INTENT (a)This Section establishes water management requirements that are in addition to any permanent water waste prohibitions and are necessary to conserve water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, prevent unreasonable use of water, prevent unreasonable method of use of water within the District in order to assure adequate supplies of water to meet the needs of the public, and further the public health, safety, and welfare, recognizing that water is a scarce natural resource that requires careful management not only in times of a water shortage, but at all times. (b)This Section establishes regulations to be implemented during times of declared water shortages or declared water shortage emergencies. It establishes six levels of drought response actions to be implemented in times of shortage, with increasing restrictions on water use in response to worsening drought conditions and decreasing available supplies. (c)The Level 1 condition drought response measures are voluntary and will be reinforced through local and regional public education and awareness measures that may be funded in part by the District. Beginning at the level 2 Water Shortage Response Condition, the District may implement water shortage pricing. During drought response condition Levels 2 through 6, all conservation measures and water-use restrictions become mandatory and become increasingly restrictive in order to attain escalating conservation goals. (d)During a Drought Response Level 2 condition or higher, the water conservation measures, and water use restrictions established by this ordinance are mandatory and violations are subject to criminal, civil, and administrative penalties and remedies specified in Section 72 of this ordinance. 39-2 39.02 DEFINITIONS APPLICABLE TO THE PROGRAM (a)The following words and phrases whenever used in this Section shall have the meaning defined in this sub- section: 1.“Grower” refers to those engaged in the growing or raising, in conformity with recognized practices of husbandry, for the purpose of commerce, trade, or industry, or for use by public educational or correctional institutions, of agricultural, horticultural or floricultural products, and produced: (1) for human consumption or for the market, or (2) for the feeding of fowl or livestock produced for human consumption or for the market, or (3) for the feeding of fowl or livestock for the purpose of obtaining their products for human consumption or for the market. “Grower” does not refer to customers who purchase water subject to the Water Authority’s Permanent Special Agricultural Water Rate programs. 2.“Water Authority” means the San Diego County Water Authority. 3.“Metropolitan” means the Metropolitan Water District of Southern California. 4.“Permanent water use efficiency measures” means any permanent water use efficiency measure adopted by the District Board of Directors. 5.“Person” means any natural person, corporation, public or private entity, public or private association, public or private agency, government agency or institution, school district, college, university, or any other user of water provided by the District. 6.“WSCP” means the Water Authority’s Water Shortage Contingency Plan or the District’s Water Shortage Contingency Plan, as specified, in existence on the effective date of this ordinance and as readopted or amended from time to time, or an equivalent plan of the Water Authority to manage or allocate supplies during shortages. 39-3 39.03 APPLICATION (a)The provisions of this Section apply to any person in the use of any water provided by the District. (b)This Section is intended solely to further the conservation of water. It is not intended to implement any provision of federal, State, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff. Refer to the local jurisdiction or Regional Water Quality Control Board for information on any storm water ordinances and storm water management plans. (c)Nothing in this Section is intended to affect or limit the ability of the District to declare and respond to an emergency including an emergency that affects the ability of the District to supply water. (d)The provisions of this Section do not apply to use of water from private wells or to recycled water. (e)Nothing in this Section shall apply to use of water that is subject to a special supply program, such as the Water Authority Permanent Special Agricultural Water Rate programs. Violations of the conditions of special supply programs are subject to the penalties established under the applicable program. A person using water subject to a special supply program and other water provided by the District is subject to this Section in the use of the other water. At all times, the following practices shall be in effect: 1.Prevent water waste resulting from inefficient irrigation, such as runoff or overspray. Similarly, stop water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures; 2.Serve and refill water in restaurants and other food service establishments only upon request; 39-4 3.Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily; 4.Use only re-circulated water in fountains or other decorative water features; 5.Wash automobiles with a hose equipped only with a positive shut-off nozzle; 6.Irrigating ornamental turf on public street medians only with recycled water; 7.Repair all water leaks within forty-eight (48) hours of notification by the District unless other arrangements are made with the General Manager or designee; 8.Irrigation is not allowed during a rainstorm or for forty-eight (48) hours after one-quarter inch or more of rainfall is measured at Lindbergh Field; 9.No washing down of paved surfaces, including but not limited to sidewalks, driveways, parking lots, tennis courts, or patios, except when it is necessary to alleviate safety or sanitation hazards. 39.04 DROUGHT RESPONSE LEVEL 1 (a)A Drought Response Level 1 condition applies when the Water Authority notifies its member agencies that due to drought or other supply reductions, there is a reasonable probability there will be supply shortages and that a consumer demand reduction of up to ten (10) percent is required in order to ensure that sufficient supplies will be available to meet anticipated demands. The General Manager shall declare the existence of a Drought Response Level 1 and take action to implement the Level 1 conservation practices identified in this Section. (b)During a Drought Response Level 1 condition, the District will increase its public education and outreach efforts to emphasize increased public awareness of the need to implement the water conservation practices noted above and the following water conservation practices. The same water conservation practices become mandatory if the District declares a Level 2 Drought Alert condition: 39-5 1.Irrigate residential and commercial landscape before 10 a.m. and after 6 p.m. only. Customers are to water no more than three days a week using the suggested watering schedule as found on the District’s web page. New plantings and newly seeded areas are exempt for thirty (30) days. 2. Use a hand-held hose equipped with a positive shut-off nozzle or bucket to water landscaped areas including trees and shrubs located on residential and commercial properties that are not irrigated by a landscape irrigation system. 3. Irrigate nursery and commercial grower’s products before 10 a.m. and after 6 p.m. only. Watering is permitted at any time with a hand-held hose equipped with a positive shut-off nozzle, a bucket, or when a drip/micro-irrigation system/equipment is used. Irrigation of nursery propagation beds is permitted at any time. Watering of livestock is permitted at any time. 4.Wash vehicles, including but not limited to motorcycles, farm equipment, trailers, boats and boat engines and motorhomes using a bucket and a hand-held hose with positive shut-off nozzle, mobile high pressure/low volume wash system, or at a commercial site that re-circulates (reclaims) water on-site. Vehicle washing is limited to once per week. 5.Use recycled or non-potable water for construction purposes when available. 39.05 DROUGHT RESPONSE LEVEL 2 (a)A Drought Response Level 2 condition applies when the Water Authority notifies its member agencies that due to cutbacks caused by drought or other reduction in supplies, a consumer demand reduction of up to twenty (20) percent is required in order to have sufficient supplies available to meet anticipated demands. The District Board of Directors shall declare the existence of a Drought Response Level 2 condition and implement the mandatory Level 2 conservation measures identified in this Section of the ordinance. 39-6 (b)All persons using District water shall comply with Level 1 water conservation practices during a Drought Response Level 2 condition, and shall also comply with the following additional conservation measures: 1.Limit residential and commercial landscape irrigation to no more than three (3) assigned days per week on a schedule established by the General Manager or designee and posted by the District. This section shall not apply to commercial growers or nurseries. 2.Limit lawn watering and landscape irrigation using sprinklers to no more than ten (10) minutes per watering station per day. This provision does not apply to landscape irrigation systems using water efficient devices, including but not limited to weather-based controllers, drip/micro-irrigation systems, and stream rotor sprinklers. 3.Water landscaped areas, including trees and shrubs located on residential and commercial properties, and not irrigated by a landscape irrigation system on the same schedule set forth above, by using a bucket, hand-held hose with positive shut-off nozzle, or low-volume non-spray irrigation. 4.Stop operating fountains or similar decorative water features unless recycled water is used. 39.06 DROUGHT RESPONSE LEVEL 3 – DROUGHT CRITICAL CONDITION (a)A Drought Response Level 3 condition applies when the Water Authority notifies its member agencies that due to increasing cutbacks caused by drought or other reduction of supplies, a consumer demand reduction of up to thirty (30) percent is required in order to have sufficient supplies available to meet anticipated demands. The District Board of Directors shall declare the existence of a Drought Response Level 3 condition and implement the Level 3 conservation measures identified in this Section. (b)All persons using District water shall comply with Level 1 and Level 2 water conservation practices 39-7 during a Drought Response Level 3 condition and shall also comply with the following additional mandatory conservation measures: 1.Limit residential and commercial landscape irrigation to no more than two (2) assigned days per week on a schedule established by the General Manager or designee and posted by the District. This section shall not apply to commercial growers or nurseries. 2.Water landscaped areas, including trees and shrubs located on residential and commercial properties, and not irrigated by a landscape irrigation system on the same schedule set forth above, by using a bucket, hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation. 3.Stop washing vehicles except at commercial carwashes that re-circulate water, or by high pressure/low volume wash systems. If a commercial car wash cannot accommodate the vehicle because of the vehicle size or type, such as RVs, horse trailers, boats, and commercial vehicles, customers will be allowed to wash vehicles using a bucket and a hand- held hose with positive shut-off nozzle, mobile high pressure/low volume wash system. (c)Upon the declaration of a Drought Response Level 3 condition, the District will suspend consideration of annexations to its service area. (d) The District may establish a water allocation for property served by the District using a method that does not penalize persons for the implementation of conservation methods or the installation of water saving devices. If the District establishes a water allocation, it shall provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the District customarily mails the billing statement for fees or charges for on-going water service. Following the effective date of the water allocation as established by the District, any person that uses water in excess of the allocation shall be subject to a penalty for each billing unit of water in excess of the allocation. The penalty for excess water 39-8 usage shall be cumulative to any other remedy or penalty that may be imposed for violation of this Section. 39.07 DROUGHT RESPONSE LEVEL 4 (a)A Drought Response Level 4 condition applies when the Water Authority notifies its member agencies that due to increasing cutbacks caused by drought or other reduction of supplies, a consumer demand reduction of up to forty (40) percent is required in order to have sufficient supplies available to meet anticipated demands. The District Board of Directors shall declare the existence of a Drought Response Level 4 condition and implement the Level 4 conservation measures identified in this Section. (b)All persons using District water shall comply with Level 1, Level 2, and Level 3 water conservation practices during a Drought Response Level 4 condition and shall also comply with the following additional mandatory conservation measures: Stop filling or re-filling ornamental lakes or ponds, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a water shortage response level under this Section. (c) The District may establish a water allocation for property served by the District using a method that does not penalize persons for the implementation of conservation methods or the installation of water saving devices. If the District establishes a water allocation, it shall provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the District customarily mails the billing statement for fees or charges for on-going water service. Following the effective date of the water allocation as established by the District, any person that uses water in excess of the allocation shall be subject to a penalty for each billing unit of water in excess of the allocation. The penalty for excess water usage shall be cumulative to any other remedy or penalty that may be imposed for violation of this Section. 39-9 39.08 DROUGHT RESPONSE LEVEL 5 (a)A Drought Response Level 5 condition applies when the Water Authority notifies its member agencies that due to increasing cutbacks caused by drought or other reduction of supplies, a consumer demand reduction of up to fifty (50) percent is required in order to have sufficient supplies available to meet anticipated demands. The District Board of Directors shall declare the existence of a Drought Response Level 5 condition and implement the Level 5 conservation measures identified in this ordinance. (b) All persons using District water shall comply with conservation measures required during Level 1, Level 2, Level 3, and Level 4 conditions and shall also comply with the following additional mandatory conservation measures: 1.Stop all landscape irrigation, except crops and landscape products of commercial growers and nurseries. This restriction shall not apply to the following categories of use unless the District has determined that recycled water is available and may be lawfully applied to the use. A.Maintenance of trees and shrubs that are watered on the same schedule as noted above, by using a bucket, hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation; B.Maintenance of existing landscaping necessary for fire protection as specified by the Fire Marshal of the local fire protection agency having jurisdiction over the property to be irrigated; C.Maintenance of existing landscaping for erosion control; D.Maintenance of plant materials identified to be rare or essential to the well- being of rare animals; E.Maintenance of landscaping within active public parks and playing fields, day care 39-10 centers, school grounds, cemeteries, and golf course greens, provided that such irrigation does not exceed two (2) days per week according to the schedule established under the District’s Level 3 Condition; F.Watering of livestock; and G.Public works projects and actively irrigated environmental mitigation projects. 2.Repair all water leaks within twenty-four (24) hours of notification by the District unless other arrangements are made with the District. (c)The District may establish a water allocation for property served by the District that does not penalize persons for the implementation of conservation methods or the installation of water saving devices. If the District establishes a water allocation, it shall provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the District customarily mails the billing statement for fees or charges for on-going water service. Following the effective date of the water allocation as established by the District, any person that uses water in excess of the allocation shall be subject to a penalty for each billing unit of water in excess of the allocation. The penalty for excess water usage shall be cumulative to any other remedy or penalty that may be imposed for violation of any provision of this Section. (d)Upon the declaration of a Level 5 condition, no new potable water service shall be provided, no new temporary meters or permanent meters shall be provided and no statements of immediate ability to serve or provide potable water service (such as, will serve letters, certificates, or letters of availability) shall be issued, except under the following circumstances: 1.A valid, unexpired building permit has been issued for the project; or 2.The project is necessary to protect the public’s health, safety, and welfare; or 39-11 3.The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the District. This provision shall not be construed to preclude the resetting or turn-on of meters to provide continuation of water service or to restore service that has been interrupted for a period of one (1) year or less. 39.09 DROUGHT RESPONSE LEVEL 6 (a)A Drought Response Level 6 condition applies when the Water Authority Board of Directors declare a water shortage emergency pursuant to California Water Code Section 350 and notifies its member agencies that Level 6 requires a demand reduction of more than fifty (50) percent in order for the District to have maximum supplies available to meet anticipated demands. The District shall declare a Drought Emergency in the manner and on the grounds provided in California Water Code Section 350. (b)All persons using District water shall comply with conservation measures required during Level 1, Level 2, Level 3, Level 4, and Level 5 conditions and shall also comply with the following additional mandatory conservation measures: 1.Stop all landscape irrigation, except crops and landscape products of commercial growers and nurseries. This restriction shall not apply to the following categories of use unless the District has determined that recycled water is available and may be lawfully applied to the use. A.Maintenance of existing landscaping necessary for fire protection as specified by the Fire Marshal of the local fire protection agency having jurisdiction over the property to be irrigated; B.Maintenance of existing landscaping for erosion control; 39-12 C.Maintenance of plant materials identified to be rare or essential to the well- being of rare animals; D.Watering of livestock; and E.Public works projects and actively irrigated environmental mitigation projects. 39.10 PROCEDURES FOR DETERMINATION AND NOTIFICATION OF DROUGHT RESPONSE LEVEL (a) The existence of a Drought Response Level 1 condition may be declared by the General Manager upon a written determination of the existence of the facts and circumstances supporting the determination. A copy of the written determination shall be filed with the Clerk or Secretary of the District and provided to the District Board of Directors. The General Manager may publish a notice of the determination of existence of Drought Response Level 1 condition in one or more newspapers including a newspaper of general circulation within the District. The District will also post notice of the condition on their website. (b)The existence of Drought Response Level 2, Level 3, Level 4, or Level 5 conditions may be declared by resolution of the District Board of Directors adopted at a regular or special public meeting held in accordance with State law. The mandatory conservation measures applicable to Drought Response Level 2, Level 3, Level 4, or Level 5 conditions shall take effect on the tenth (10) day after the date the response level is declared. Within five (5) days following the declaration of the response level, the District shall publish a copy of the resolution in a newspaper used for publication of official notices. If the District establishes a water allocation, it shall provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the District customarily mails the billing statement for fees or charges for on- going water service. Water allocation shall be effective on the fifth (5) day following the date of mailing or at such later date as specified in the notice. 39-13 (c) The existence of a Drought Response Level 6 condition may be declared in accordance with the procedures specified in California Water Code Sections 351 to 352. The mandatory conservation measures applicable to Drought Response Level 6 conditions shall take effect on the tenth (10) day after the date the response level is declared. Within five (5) days following the declaration of the response level, the District shall publish a copy of the resolution in a newspaper used for publication of official notices. (d) The District Board of Directors may declare an end to a Drought Response Level by the adoption of a resolution at any regular or special meeting held in accordance with State law. 39.11 HARDSHIP VARIANCE (a)If, due to unique circumstances, a specific requirement of this ordinance would result in undue hardship to a person using agency water or to property upon which agency water is used, that is disproportionate to the impacts to District water users generally or to similar property or classes of water uses, then the person may apply for a variance to the requirements as provided in this Section. (b)The variance may be granted or conditionally granted, only upon a written finding of the existence of facts demonstrating an undue hardship to a person using agency water or to property upon with agency water is used, that is disproportionate to the impacts to District water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user’s property. 1.Application. Application for a variance shall be a form prescribed by the District and shall be accompanied by a non-refundable processing fee in an amount set by resolution of the District Board of Directors. 2.Supporting Documentation. The application shall be accompanied by photographs, maps, drawings, and other information including a written statement of the applicant. 39-14 3.Required Findings for Variance. An application for a variance shall be denied unless the approving authority finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the District, all of the following: A.That the variance does not constitute a grant of special privilege inconsistent with the limitations upon other District customers; B.That because of special circumstances applicable to the property or its use, the strict application of this ordinance would have a disproportionate impact on the property or use that exceeds the impacts to customers generally; C.That the authorizing of such variance will not be of substantial detriment to adjacent properties and will not materially affect the ability of the District to effectuate the purpose of this chapter and will not be detrimental to the public interest; D.That the condition or situation of the subject property or the intended use of the property for which the variance is sought is not common, recurrent, or general in nature. 4.Approval Authority. The General Manager shall exercise approval authority and act upon any completed application no later than ten (10) days after submittal and may approve, conditionally approve, or deny the variance. The applicant requesting the variance shall be promptly notified in writing of any action taken. Unless specified otherwise at the time a variance is approved, the variance applies to the subject property during the term of the mandatory drought response. 5.Appeals to District Board of Directors. An applicant may appeal a decision or condition of the General Manager on a variance application to the District Board of Directors within ten (10) days of the decision upon written request for a hearing. The 39-15 request shall state the grounds for the appeal. At a public meeting, the District Board of Directors shall act as the approval authority and review the appeal de novo by following the regular variance procedure. The decision of the District Board of Directors is final. 39.12 VIOLATIONS AND PENALTIES (a)Any person, who uses, causes to be used, or permits the use of water in violation of this ordinance is guilty of an offense punishable as provided herein; (b)Each day that a violation of this ordinance occurs is a separate offense; (c)Administrative fines may be levied for each violation of a provision of this ordinance as identified in Section 72 of this code; (d)Violation of a provision of this ordinance is subject to enforcement through installation of a flow- restricting device in the meter; (e)Each violation of this ordinance may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty (30) days or by a fine not exceeding $1,000, or by both as provided in Water Code Section 377 and Section 72 of this code; (f)Willful violations of the mandatory conservation measures and water use restrictions as set forth in Section 11.0 and applicable during a Drought Response Level 6 condition may be enforced by discontinuing service to the property at which the violation occurs as provided by Water Code Section 356 and Section 72 of this code; (g)All remedies provided for herein shall be cumulative and not exclusive.