AGENDA #4h
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Proposed Water Conservation Ordinance for the Orange Water and Sewer Authority Service Area
DATE: March 25, 2002
The attached ordinance would replace the existing sections of the Town Code regarding conservation of treated water within the service area of the Orange Water and Sewer Authority, which includes the Town of Chapel Hill.
We recommend adoption of the attached ordinance.
BACKGROUND
On January 28, 2002, OWASA presented a revised Water Conservation Ordinance to the Town Council and requested the Council consider its adoption.
In 1984, the Town adopted “Water Shortage Regulations” as outlined in Chapter 11, Article X of the Town Code. These regulations were implemented at the request of the Orange Water and Sewer Authority (OWASA) to maintain reasonable fresh water reserves during times of drought. For reference, a copy of the existing Code Chapter 11, Article X, entitled Water Shortage Regulations is included as Attachment #1 following this report.
The existing regulations are tied to water levels at University Lake which, at the time, was the Town’s only significant raw water supply source used for treatment and distribution to the community. The proposed Water Conservation Ordinance is intended to replace the existing regulations and to reflect current water supply conditions and conservation philosophy. The proposed regulations take into consideration three raw water supply sources: Cane Creek Reservoir, University Lake, and Stone Quarry.
DISCUSSION
The stated purpose of the proposed regulations is to support the following water conservation and demand management goals:
Although voluntary water conservation practices are encouraged at all times of the year, and the proposed regulations identify specific criteria or triggers to be used by OWASA in establishing Stage I or Stage II water shortages, or Water Supply Emergencies. Based on water shortage conditions, increasingly more restrictive mandatory conservation measures are identified, with fewer restrictions under Stage I and more restrictions under Stage II. The most stringent restrictions are identified during Water Supply Emergencies.
Violations of the proposed regulations would constitute a misdemeanor punishable by a fine not exceeding fifty dollars ($50) or imprisonment not exceeding thirty (30) days as provided by State Statutes. These penalties are unchanged from the current ordinance.
Following the initial OWASA presentation to the Council of the proposed regulations, the Council inquired as to the practicality and cost of installing rain or soil moisture sensors on irrigation systems to prevent system operation concurrent with rainfall or when soil moisture content is adequate. OWASA staff researched that question and determined that a number of acceptable sensors are available and can be purchased at a cost of approximately $60-$145, installed.
For the Council’s information, Attachment #2 consists of a list of questions OWASA received on its first draft of these regulations, and includes applicable OWASA staff responses.
MANAGER’S RECOMMENDATION
That the Council adopt the attached Water Conservation Ordinance to replace the existing Chapter 11, Article X. Water Shortage Regulations in the Town Code of Ordinances.
ATTACHMENTS
1. Existing Town Code Water Shortage Regulations (p. 9).
2. Questions and Answers (p. 13)
3. Copy of January 28, 2002 Council Item (OWASA Petition) (begin new p. 1).
AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES TO PROVIDE FOR YEAR-ROUND CONSERVATION OF WATER AND FOR TEMPORARY RESTRICTIONS DURING WATER SHORTAGES AND EMERGENCIES (2002-03-25/O-2)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Article X, Chapter 11 is hereby replaced in its entirety with the following:
“ARTICLE X. WATER CONSERVATION REGULATIONS
Sec. 11-101. Purpose.
This ordinance is enacted to support the following primary water conservation and demand management goals:
1. To reduce the rate of growth in overall water use so as to maximize the community’s existing and planned water supply sources; and
2. To reduce the upward trend of seasonal peak day demands that drive the costly expansion of water treatment, storage, and transmission facilities; and
3. To provide an orderly process for reducing community-wide water demands during periods of water shortage or emergencies.
1. All Orange Water and Sewer Authority (OWASA) customers are encouraged to exercise voluntary water conservation practices at all times during the year, regardless of water shortage or emergency conditions. OWASA shall periodically provide informational guidelines and conservation tips to its customers.
2. All newly installed or substantially improved irrigation systems that are equipped with automatic timers and which use OWASA-supplied potable water shall be equipped with automatic rain or soil moisture sensors that are activated to prevent the operation of those irrigation systems while rain is falling and/or when soil moisture is adequate.
A water shortage or water emergency shall be deemed to exist when OWASA cannot supply its customers with sufficient water to protect the public health and safety without substantial reductions in water demand.
1. Any of the following conditions, as determined by OWASA’s Executive Director, shall constitute a Stage I Water Shortage:
a) The total volume of water stored in OWASA’s Cane Creek/University Lake/Stone Quarry reservoir system is equal to or less than 125 summer days of OWASA customer demand, as determined on the basis of average raw water usage during the months of May through September of the previous calendar year;
[Example: If the average raw water demand during the previous summer was 10.8 million gallons per day (MGD), and the OWASA reservoir system currently contained 2.8 billion gallons of water in storage, the total volume of stored water would be equal to 2.8 billion/10.8 MGD = 259 days of demand. This example would not constitute a Stage I Water Shortage];
or
b) It is otherwise determined that the Cane Creek/University Lake/Stone Quarry system is unable or unlikely to continue meeting the demands of OWASA’s customers without a substantial reduction in consumption;
or
c) The customer demand for water averaged over three successive days, as measured by OWASA production records, exceeds 90 percent of the target three-day peak limit established for that year. Target limits may be established each April by multiplying average finished water demands for the previous 12 months by a peaking factor of 1.65, or may be established by other production constraints – such as water treatment capacity – determined by OWASA’s Executive Director.
[Example: If average finished water demand for the previous 12 months was 9.5 MGD, then the target limit for the coming summer would be 9.5 MGD x 1.65 = 15.7 MGD. A water shortage would be declared if the demand, when averaged over three successive days, exceeded 90 percent of that target level; e.g., 0.90 x 15.7 MGD = 14.1 MGD.]
2. Any of the following conditions, as determined by OWASA’s Executive Director, shall constitute a Stage II Water Shortage:
a) The total volume of water stored in OWASA’s Cane Creek/University Lake/Stone Quarry reservoir system is equal to or less than 75 summer days of OWASA customer demand, as determined on the basis of average raw water usage during the months of May through September of the previous calendar year;
or
b) It is otherwise determined that the Cane Creek/University Lake/Stone Quarry system is unable or unlikely to continue meeting the demands of OWASA’s customers without a substantial reduction in consumption;
or
c) If the customer demand for water averaged over three successive days, as measured by OWASA production records, exceeds 97 percent of the target three-day peak limit established for that year. Target limits may be established each April by multiplying average finished water demands for the previous 12 months by a peaking factor of 1.65, or may be established by other production constraints – such as water treatment capacity – determined by OWASA’s Executive Director.
[Example: If average finished water demand for the previous 12 months was 9.5 MGD, then the target limit for the coming summer would be 9.5 MGD x 1.65 = 15.7 MGD. A water shortage would be declared if the demand, when averaged over three successive days, exceeded 97 percent of that target level; e.g., 0.97 x 15.7 MGD = 15.2 MGD.]
3. Any other circumstances, including service losses caused by equipment failure, human error, weather, or other natural disaster, which constrain OWASA’s water production capacity to less than the current level of customer demand, may constitute a Water Supply Emergency, as determined by OWASA’s Executive Director.
1. Irrigation of lawns, gardens, trees, or shrubs with OWASA-supplied potable water applied through any system or device other than a hand-held hose or watering can shall be allowed only three days out of each week. Properties with odd-numbered street addresses shall be allowed to irrigate only on Mondays, Wednesdays, and/or Fridays; properties with even-numbered addresses shall be allowed to irrigate only on Tuesdays, Thursday, and/or Saturdays. A total of no more than one inch of water (as measured in a shallow container, such as an empty tuna fish can) should be applied during any given week. The restrictions of this section shall not apply to any persons regularly engaged in the sale of plants, who shall be allowed to irrigate their commercial stock in trade.
2. Irrigation of lawns, gardens, trees, or shrubs with OWASA-supplied potable water that is sprayed through the air via any system or device other than a hand-held hose or watering can shall occur only after dusk or during pre-dawn hours.
3. No OWASA-supplied potable water shall be used on sidewalks, driveways, patios, cars, buildings, or other impervious surfaces of a similar nature.
4. No OWASA-supplied potable water shall be served in public restaurants except on request.
5. Institutional customers, including the University of North Carolina at Chapel Hill (UNC), shall:
a) Cease the use of OWASA-supplied potable water for outdoor purposes, except as provided in items 1 and 2 above. UNC shall develop a three-day irrigation schedule for campus facilities in consultation with OWASA.
b) Curtail the use of OWASA-supplied potable water for the cleaning of facilities such as window air conditioning units, chilled water coils, closed loop heating systems, and government-owned vehicles.
c) Reduce the heating/cooling load demand from lower priority facilities to the extent allowable with regard to indoor air quality standards and employee health and safety requirements.
1. All the mandatory provisions of a Stage I Water Shortage, as described in Section V, shall remain in effect, except that the irrigation of lawns, gardens, trees, or shrubs with OWASA-supplied potable water applied through any system or device other than a hand-held hose or watering can shall be allowed only one day out of each week. Unless otherwise recommended by the OWASA Executive Director, properties with odd-numbered street addresses shall be allowed to irrigate only on Mondays; and properties with even-numbered addresses shall be allowed to irrigate only on Thursdays. No more than one-half inch of water (as measured in a shallow container, such as an empty tuna fish can) should be applied during any given week. UNC shall develop a one day a week irrigation schedule for campus facilities in consultation with OWASA. The restrictions of this section shall not apply to any persons regularly engaged in the sale of plants, who shall be allowed to irrigate their commercial stock in trade.
2. No OWASA-supplied potable water shall be introduced into any decorative fountain, pool, or pond; or to fill any swimming pool; or to replenish any filled swimming pool, except to the minimum essential for operation.
1. No OWASA-supplied potable water shall be used for any outdoor purposes other than emergency fire suppression.
2. Water service may be discontinued or reduced, as determined by OWASA’s Executive Director, in designated portions of the OWASA service area through the manipulation of valves, pumps, and other appurtenances in order to preserve the availability of water for public health and safety facilities, such as hospitals, medical clinics, etc., fire protection, and other critical community needs.
3. UNC and any other customers that use OWASA-supplied potable drinking water for heating/cooling systems shall reduce the heating/cooling demand in all but the most essential facilities to the extent allowable with regard to indoor air quality standards and employee health and safety requirements.
Any violations of the provisions of this Article shall constitute a misdemeanor punishable upon conviction by a fine not exceeding fifty dollars ($50.00) or imprisonment not exceeding thirty (30) days as provided by General Statute Section 14-4, and in addition thereto, such violation may be enjoined and restrained as provided in General Statute Section 160A-175
Section 11-109. Injunctive remedies.
Pursuant to the provisions of General Statute Section 160A-193, the injunctive remedies therein provided shall be applicable for the summary abatement or remedying of appropriate conditions dangerous or prejudicial to the public health both within the town limits and within one mile thereof, and the expenses thereof shall be assessed as provided therein.
Section 11-110. Severability.
If any section, subdivision, clause, or provision of this Article shall be adjudged invalid, such adjudication shall apply only to such section, subdivision, clause, or provision so adjudged, and the remainder of this Article shall remain fully valid and effective.”
Section 2. This ordinance shall become effective April 1, 2002.
This the 25th day of March, 2002.