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.
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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.
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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;
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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:
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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.
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(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
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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
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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.
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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
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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
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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;
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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.
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(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.
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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
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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.