AGENDA #10
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: June 23, 2003
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 (OWASA), including the Town of Chapel Hill.
The Manager recommends enactment of the attached ordinance.
BACKGROUND
In October of 1984, the Council enacted “Water Shortage Regulations” in Chapter 11, Article X of the Town Code. Those regulations were implemented at the request of the Orange Water and Sewer Authority in order to maintain reasonable fresh water reserves during times of drought. The regulations were 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.
In March 2002, the Council enacted “Water Conservation Regulations” to replace the above referenced water shortage regulations and to reflect water supply conditions and conservation philosophy at the time. These regulations are currently in effect, and take into consideration three raw water supply sources: Cane Creek Reservoir, University Lake, and Stone Quarry.
At its April 14, 2003 regular meeting, the Council received and referred information presented by OWASA representatives regarding proposed revisions to its water conservation standards as a result of lessons learned from the severe drought during the summer of 2002.
It is important to OWASA that Chapel Hill, Carrboro, and Orange County adopt revised water conservation regulations prior to the summer break and the increased potential for drought that accompanies the summer months. Because of this schedule, we were unable to coordinate review of the OWASA proposed standards among the three governments. This could result in some differences in the ordinance language adopted by each governing body. If problems are identified as a result of the differing ordinance language, further revisions may be necessary in the fall to create compatible ordinances serving Chapel Hill, Carrboro and Orange County.
DISCUSSION
PURPOSES OF STANDARDS
The purposes of the proposed water conservation standards are:
1. To reduce the rate of increase in overall water use so as to maximize the community’s existing and planned water supply sources and to help reduce seasonal peak day demands that result in the need for costly expansion of water treatment, storage, and transmission facilities.
2. To provide an orderly process for reducing community-wide water demands during periods of drought or other naturally occurring causes of water shortages.
3. To provide an orderly process for reducing community-wide water demands during periods of water shortages due to natural disaster (other than drought), facility failures, or other unexpected loss of water supply, treatment, or distribution capacity constituting a water supply emergency.
Voluntary water conservation practices are encouraged at all times of the year, and the proposed standards include year-round requirements in addition to specific criteria proposed for use in establishing Stage 1, Stage 2, and Stage 3 water shortages, or Water Supply Emergencies. Based on water shortage conditions, increasingly more restrictive mandatory conservation measures are identified, with fewer restrictions under Stage 1 and more restrictions under Stage 3. The most stringent restrictions are identified during Water Supply Emergencies.
PENALTIES AND REMEDIES
As proposed by OWASA, customer violation(s) of the water conservation standards, if such violations continue after notification of prohibited use is delivered to the service address, could result in OWASA discontinuing water service to the customer in question (see ordinance Section 11-104). The proposed Town ordinance includes, in addition to the OWASA penalty clause noted above, language regarding criminal and civil penalties for violations during times of proclaimed water shortage or emergency (see ordinance Section 11-109).
COUNCIL AND CITIZEN COMMENTS AND QUESTIONS
The Town received letters from the Orange County Lodging Association and from the Chapel Hill – Carrboro Chamber of Commerce opposing the proposed OWASA language in Article III.B.1. b. Interior Use (see Attachment #2) regarding changing bed linens in hotels, motels, and other facilities providing sleeping accommodations. Attachment #3 includes copies of those letters that outline the reasons for opposition to the proposed language.
Before referring the proposed standards to the Manager for evaluation, the following comments and questions were expressed by Council members and citizens at the April 14, 2003 meeting:
1. How were daily allowances established? (Stage One/1,000gpd; Stage Two/800gpd; Stage Three/600gpd)
OWASA STAFF RESPONSE: Allowances are based on OWASA’s professional evaluation of historic and projected demand in relation to treated water supply that is expected to be available under each stage and in relation to the demand reduction goal for each stage. OWASA staff believes that the proposed allowances are reasonable in achieving the desired goals.
2. Who will enforce the regulations?
OWASA STAFF RESPONSE: Since the proposed penalty for violations is discontinuance of water service, not a criminal citation, OWASA would enforce the regulations using prudent judgment on a case by case basis following presentation of written notification of violation
3. Is there a “parachute” for extenuating circumstances requiring extra water use?
OWASA STAFF RESPONSE: The proposed standards are prescriptive, describing specific restrictions on the use of OWASA water under each stage. Unless specifically prohibited, OWASA water could be used for extenuating circumstances such as fire suppression, chemical spill clean-up, etc.
4. Change some of the proposed “requirements” to be “suggestions”. (e.g. hotel/motel bed linen language)
OWASA STAFF RESPONSE: OWASA representatives agreed to consider this request.
TOWN STAFF REVIEW COMMENTS ON PROPOSED OWASA STANDARDS
Town staff has reviewed the proposed water conservation standards and has considered the questions and comments noted above. The following summary identifies changes in the proposed OWASA water conservation standards language that we suggest be included in the Town’s ordinance codifying the standards for application within the Chapel Hill jurisdiction. We have also included some comments and observations about the proposed standards in general, and their potential effects on Town operations, services, and facilities.
For context purposes, please note that many of the proposed language changes are related to preserving the Town’s ability to water athletic fields and right-of-way plantings to the minimum extent necessary to sustain turf and plant viability during water shortages with the exception of water supply emergency conditions. We believe that the significant community investments and benefits associated with the Town’s athletic fields, street trees, and right-of-way landscaping; and the impacts of replacing these amenities if they are not preserved to the extent possible under all but the most severe circumstances; justifies the use of the minimum amount of water necessary to sustain the viability of publicly maintained turf, trees, shrubs, and plants.
We are also suggesting language changes in several sections that would ensure the Town’s ability to use water for washing out garbage trucks and for cleaning up hazardous or unsanitary materials to the extent necessary for protection of public health, safety, and welfare.
The list below notes the sections of the proposed OWASA standards to which changes are being suggested, followed by our comments regarding the suggested changes:
III.A.1.a. – Add the following sentence: “OWASA may authorize alternative spray irrigation schedules to the extent necessary for maintaining active turf viability on publicly maintained athletic fields.”
STAFF COMMENT: Scheduled use of athletic fields may require that watering occur on days and at times other than those proposed by OWASA. For example, the Homestead Park soccer fields are heavily used on weekends and should be watered on a Monday (to stimulate turf repair growth) and Thursday (to allow turf to drain before weekend use) schedule. The standards as proposed by OWASA would not allow such a schedule.
III.A.1.e. - Add the following sentence: “Watering of plant beds, shrubs, and trees in public rights-of-way is permitted in accordance with this Section.”
STAFF COMMENT: Median and right-of-way landscaping materials sometimes require supplemental watering to survive during periods of limited rainfall.
III.A.3.a – Add the following: “, or watering publicly maintained athletic fields,”
STAFF COMMENT: The turf on athletic fields must constantly regenerate itself in response to damage during field use. To be successful, this regeneration process requires routine watering.
III.A.3.c. - Remove wording “when alternate methods are not available.”
III.A.3.e. - Remove wording “when alternate methods are not available.”
III.A.3.f. - Remove wording “and where no other practical alternative exists.”
STAFF COMMENT: These phrases require subjective, qualitative judgments about which reasonable people could come to different conclusions, making enforcement difficult.
III.B.1.b. - Revise to read “The changing of bed linens in accordance with the most current ‘Green Hotel’ standards is strongly encouraged in hotels, motels, and other facilities providing sleeping accommodations, unless public health and sanitation issues dictate otherwise such as in nursing homes and hospitals.”
STAFF COMMENT: We think that this change, requested by the Orange County Lodging Association and the Chapel Hill – Carrboro Chamber of Commerce, provides a reasonable and practical means of conserving potable water while providing necessary services.
III.B.2.b. - Remove wording “when alternate methods are not available.”
III.B.2.c. - Remove wording “and where no other practical alternative exists.”
STAFF COMMENT: These phrases require subjective, qualitative judgments about which reasonable people could come to different conclusions, making enforcement difficult.
V (introduction) - After the phrase “…using its best professional judgment” insert: “and following consultation with the Chapel Hill, Carrboro, and Orange County Managers,”
STAFF COMMENT: We believe that OWASA staff should consult with the Town and County Manager’s before making any determination of appropriate response to water supply shortages.
V.B.1. - Add the following sentence: “OWASA may authorize additional water use to the extent necessary for maintaining active turf viability on publicly maintained athletic fields.”
STAFF COMMENT: Due to the large area that may be served by one meter, reasonable athletic field turf maintenance may sometimes require more than an average of 1,000 gallons per day per metered account as proposed by OWASA.
V.B.2. - Add the following: “, or to publicly maintained athletic fields.”
STAFF COMMENT: Field use schedules and drainage characteristics of athletic fields may require varying schedule, frequency and amount of water necessary for maintaining active turf viability.”
V.B.5. - After the last sentence insert: “nor to pressure cleaning necessary for the removal of offensive graffiti or for reasons related to protection of public health and safety such as clean up of chemical spills, unsanitary materials, or hazardous waste.”
STAFF COMMENT: We believe that these exceptions to the water use restrictions are necessary for the protection of public health and safety.
V.C.1. – Add the following sentence: “OWASA may authorize additional water use to the extent necessary for maintaining active turf viability on publicly maintained athletic fields.”
STAFF COMMENT: Due to the large area that may be served by one meter, athletic field turf maintenance may sometimes require more than an average of 800 gallons per day per metered account as proposed by OWASA.
V.C.2. – Add the following sentence: “Spray irrigation of publicly maintained athletic fields shall also be permitted, to the extent necessary for maintaining active turf viability.”
STAFF COMMENT: Without the use of periodic spray irrigation, athletic field turf would go dormant and could eventually die, requiring replacement.
V.C.5. - Add the following sentence: “This restriction shall not apply to washing garbage trucks or to cleaning as may be necessary preparatory to performing vehicle maintenance services.”
STAFF COMMENT: We think that the washing operations identified above must be allowable exceptions to the proposed water use restrictions for public health reasons and for continuity of public services.
V.C.7. - After the last sentence insert: “nor to pressure cleaning necessary for the removal of offensive graffiti or for reasons related to protection of public health and safety such as clean up of chemical spills, unsanitary materials, or hazardous waste.”
STAFF COMMENT: Same comment as for Article V.B.5. above.
V.D.3 – Add the following sentence: “Spray irrigation will be allowed for publicly maintained athletic fields, within the limits provided for in section V.D.1.”
STAFF COMMENT: We think it would be reasonable to prohibit use of public athletic fields during Stage 3 water shortages and allow the field turf to go dormant. However, the fields may require limited watering to maintain dormant turf viability.
V.D.6 - Add the following sentence: “This restriction shall not apply to washing garbage trucks or to cleaning as may be necessary preparatory to performing vehicle maintenance services.”
STAFF COMMENT: Same comment as for Article V.C.5. above.
V.D.7. - Add the following sentence: “This restriction shall not apply to pressure cleaning necessary for the removal of offensive graffiti or for reasons related to protection of public health and safety such as clean up of chemical spills, unsanitary materials, or hazardous waste.”
STAFF COMMENT: Same as for Article V.B.5. above.
Article V.D.9. - STAFF COMMENT ONLY (no wording changes suggested): Preventing use of OWASA water for topping off swimming pools would likely require that the Town’s two public pools be closed when Stage 3 or Emergency water restrictions are implemented.
Article V.E.1. - STAFF COMMENT ONLY (no wording changes suggested): We assume that washing garbage trucks and cleaning up hazardous or unsanitary materials would be an allowable use of water under any circumstances to protect public health, safety, and welfare.
GENERAL STAFF COMMENT: It is our understanding that OWASA’s current State operating permit for its sewage treatment plant does not allow discharge of treated wastewater directly into a tank for non-potable uses. We urge the Council to request that OWASA aggressively seek State authorization allowing use of treated wastewater by the local government(s) and the University for non-potable applications such as street cleaning, truck washing, and watering trees and plants.
We think that strengthening the existing water conservation regulations will benefit the Town. We find OWASA’s proposed language to be reasonable and prudent, and we recommend few adjustments. The wording changes that we suggest, as outlined above, are intended to address concerns associated with provision of Town services and maintenance of Town equipment and facilities that represent a significant investment of public funds.
The attached ordinance includes the changes we have suggested above, for the Council’s consideration.
MANAGER’S RECOMMENDATION
That the Council enact the attached ordinance amending Chapter 11 of the Town Code of Ordinances to provide for year-round conservation of water and for temporary restrictions on water use during water shortages and emergencies.
ATTACHMENTS
1. Current Water Conservation Regulations in the Town Code of Ordinances (p. 22).
2. Water Conservation Standards as Proposed by OWASA (p. 28).
3. Letters from Orange County Lodging Association and Chamber of Commerce (p. 41).
AN ORDINANCE AMENDING CHAPTER 11 OF THE TOWN CODE OF ORDINANCES TO PROVIDE FOR YEAR-ROUND CONSERVATION OF WATER AND FOR TEMPORARY RESTRICTIONS DURING WATER SHORTAGES AND EMERGENCIES (2003-06-23/O-6)
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 STANDARDS AND REGULATIONS
DIVISION 1. GENERALLY
Section 11-101 Purpose
This ordinance is enacted for the purposes of:
1. Reducing the rate of increase in overall water use through year-round water conservation practices that will help maximize the community’s existing and planned water supply sources and help reduce seasonal peak day demands that result in the need for costly expansion of water treatment, storage, and transmission facilities. Such year-round practices shall include:
a. Reducing indoor water waste by encouraging the installation and maintenance of ultra-low flow toilets, faucet aerators, low-flow showerheads and similar devices, as well as other creative and commonsense indoor conservation practices.
b. Reducing irrigation and irrigation-related water waste without sacrificing landscape quality through the cultivation of lower water use plants; improved landscape design and planting practices; more efficient watering practices; and improved irrigation system design and maintenance.
c. Increasing the use of reclaimed wastewater and stormwater for irrigation and other uses that do not require water of potable quality.
2. Providing an orderly process for reducing community-wide water demands during periods of drought or other naturally occurring causes of water shortages; and
3. Providing an orderly process for reducing community-wide water demands during periods of water shortages due to natural disaster (other than drought), major facility failures, or other unexpected and sudden loss of water supply, treatment, or distribution capacity that constitutes a water supply emergency.
Section 11-102 Definitions
For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTOMATIC CONTROLLER. A mechanical or electronic device capable of operating an irrigation system and its component valve stations according to a pre-determined schedule of irrigation frequency and duration.
CISTERN. A tank or container, typically located underground, for the storage and subsequent reuse of rainwater collected from rooftops or other impervious surfaces that would have otherwise evaporated or drained off the premises.
DRIP IRRIGATION. The application of irrigation water through drip emitter devices at low pressure, volume, and velocity near or at ground level in order to minimize runoff and evaporative losses. Drip irrigation emitters are typically used for irrigating non-turf vegetation and release water in the range of 0.04 to 0.40 gallons per minute.
EVEN-NUMBERED PROPERTIES. Properties with street addresses that end in even-numbered digits, or other properties so designated for the purposes of these Standards through special arrangements with OWASA.
GRAYWATER. Domestic wastewater collected from household fixtures and appliances, such as washing machines, dishwashers, showers, sinks, and bathtubs, but not from toilets or urinals. Graywater may only be reused in accordance with practices approved by public health authorities.
HAND WATERING. The application of water for irrigation purposes through a hand-held hose or watering container.
HARVESTED WATER. Precipitation or irrigation runoff collected, stored and available for reuse for irrigation purposes.
IRRIGATION SYSTEM. Any permanently installed system of pipes, hoses, or other conveyance devices and appurtenances that provides water to living plant material through spray heads or other emission devices located at, above, or below the ground surface. For the purposes of these Standards, a sprinkler, soaker hose, or other device connected to its water source via a moveable above-ground garden hose is not considered to be an irrigation system.
LANDSCAPE AREA. That portion of a parcel that contains turf or non-turf vegetation.
LOW-PRECIPITATION BUBBLER. An irrigation head which typically operates within six inches of ground level and delivers water at a rate of less than 0.45 gallons per minute within a radius of less than two feet of the head. Low-precipitation bubblers are typically used for irrigating non-turf vegetation.
MICRO SPRAY. The application of irrigation water through small, low volume sprayer heads in order to minimize runoff losses. Micro sprays are typically used for irrigating non-turf vegetation. Individual micro spray heads typically operate less than 12 inches above ground level and typically deliver water in the range of 0.10 to 0.50 gallons per minute within a radius of five feet or less of the head.
MULCH. A protective covering of organic material, such as sawdust, wood chips, compost, or other vegetative matter, spread on the ground to reduce evaporation and increase water retention.
ODD-NUMBERED PROPERTIES. Properties with street addresses that end in odd-numbered digits, or other properties so designated for the purposes of these
Standards through special arrangements with OWASA.
OWASA. The Orange Water and Sewer Authority
POTABLE WATER. Treated water provided by OWASA that is suitable for drinking, cooking, and other domestic use. Water that is collected indoors in containers from indoor faucets or spigots that would otherwise be discharged into drainpipes while a user awaits the warming of the water for dishwashing, other washing, shaving, bathing, or showering is not considered to be potable water for the purposes of these Standards.
PRECIPITATION RATE. The amount of water applied per unit of time, usually expressed in inches per hour.
PUBLIC RIGHT-OF-WAY. The area of land owned or maintained by municipal, county, or state government primarily for the use of the public for the movement of people, goods, vehicles, or storm water. For the purposes of these Standards, the public right-of-way shall include curbs, streets, sidewalks, and storm water drainage inlets, but shall not include adjacent landscaped areas that may also be located within the legally delineated public right-of-way.
RAIN BARREL: A tank or container, typically located on the ground beneath a roof drainage system, that captures and stores rainwater for subsequent reuse.
RAW WATER. Water drawn from a reservoir or other water source before treatment.
RECLAIMED WATER. Highly treated effluent from a wastewater treatment plant that can be safely used for such non-potable purposes as irrigation, heating/cooling, street cleaning, dust control, firefighting, and other applications that do not require water of potable quality.
RUNOFF. Water which is not absorbed by the soil or landscape to which it is applied. Runoff occurs when water is applied too quickly (application rate exceeds infiltration rate), particularly if there is a severe slope. These standards do not apply to stormwater runoff which is created by natural precipitation rather than human-caused or applied water use.
SERVICE AREA. The geographic area in which OWASA provides or is authorized to provide water and/or sewer service.
SHUT-OFF NOZZLE. A device attached to the end of a hose that completely shuts off the flow, even if left unattended.
SOAKER HOSE. A flexible hose designed to emit a trickle of water along its entire length, either through numerous small-diameter (less than 1/32-inch) perforations or through the permeable material of its composition.
SPRAY IRRIGATION. The application of water to landscaping by means of a device
that projects water through the air in the form of small particles or droplets.
SPRINKLER HEAD. A device that projects water through the air in the form of small particles or droplets.
UNDERGROUND SYSTEM. An irrigation system with emitters installed beneath the ground surface.
WATER WASTE. The non-beneficial use of OWASA potable water. Non-beneficial uses include but are not restricted to:
a. Landscape water applied in such a manner, rate and/or quantity that it overflows the landscaped area being watered and runs onto adjacent property or public right-of-way; or landscape water applied during periods of rainfall or when soil moisture is already adequate.
b. The use of water for washing vehicles, equipment, or hard surfaces, such as parking lots, aprons, pads, driveways, or other surfaced areas, in such quantities to flow onto adjacent property or the public right-of-way.
c. Water applied in sufficient quantity to cause ponding on impervious surfaces.
d. Water lost through plumbing leaks that can be readily identified and corrected.
XERISCAPING. An approach to landscape design and maintenance that uses small amounts of water but sustains a traditional look through the proper conditioning of soil, the selection of appropriate drought-tolerant plants, generous use of mulch, efficient use of water, and other proven techniques.
Section 11-103 Water Waste Prohibited
No person, party, or entity shall use, cause, waste, or permit to be wasted any OWASA -supplied potable water, in violation of the standards set out herein.
Section 11-104 Penalties
OWASA may discontinue water service to any customer where, after notice of a prohibited use is delivered to the service address, OWASA-supplied potable water continues to be used or wasted in violation of the standards set out in this Article.
DIVISION 2. YEAR ROUND REQUIREMENTS
Section 11-105 Year Round Requirements - Exterior Use
1. The following outdoor or exterior use requirements shall apply to all customers using OWASA-supplied potable water:
a. Spray irrigation shall not occur more than three days per week. Even-numbered properties may be irrigated with spray systems only on Sundays, Wednesdays, and/or Fridays. Odd-numbered properties may be irrigated with spray systems only on Tuesdays, Thursdays, and/or Saturdays. All spray irrigation shall occur only between the hours of 8:00 p.m. and 9:00 a.m. These restrictions shall not apply to properties using underground, drip irrigation, micro spray, low precipitation bubblers, hand watering, or where watering of containerized plants and commercial plant stock in trade is maintained for resale. OWASA may authorize alternative spray irrigation schedules to the extent necessary for maintaining active turf viability on publicly maintained athletic fields.
b. Regardless of irrigation methods used, no more than one inch of water may be applied to plant material in any given week.
c. All irrigation systems shall be equipped with automatic controllers that activate the system according to a desired frequency and duration, and shall also be equipped with rain or soil moisture sensors that will prevent irrigation during periods of rainfall or when there is sufficient moisture in the ground for plant health and survival.
d. All hoses used for hand watering, car washing, or other allowable outdoor uses shall be equipped with shutoff nozzles.
e. No exterior use of OWASA-supplied potable water shall result in the flow of water onto adjacent property or public right-of-way, and all irrigation systems shall be designed and maintained to prevent to the extent practicable water from flowing onto paved or other impervious surfaces. Watering of plant beds, shrubs, and trees in public rights-of-way is permitted in accordance with this Section.
f. Outdoor water leaks on property or facilities of OWASA customers must be repaired within ten (10) days of discovery and notification by OWASA.
2. The use of reclaimed or harvested water for outdoor uses is strongly encouraged. OWASA shall periodically publicize methods of collecting and storing harvested water in appropriate devices, such as rain barrels and cisterns; appropriate practices, such as xeriscaping, drought tolerant landscaping and mulching; and shall otherwise educate its customers on water conservation strategies and techniques.
3. Unless superceded by the declaration of a Water Supply Shortage or Emergency, the year-round requirements of III.A.1.a and III.A.1.b above shall not apply to the following:
a. Outdoor irrigation necessary for the establishment of newly sodded lawns and landscaping within the first 30 days of planting, or watering of newly seeded turf within the first six months of planting, or watering publicly maintained athletic fields.
b. Irrigation necessary for one day only where treatment with an application of chemicals requires immediate watering to preserve an existing landscape or to establish a new landscape.
c. Water used to control dust or to compact soil.
d. Visually supervised operation of watering systems for short periods of time to check system condition and effectiveness.
e. Water applied to prevent or abate health, safety, or accident hazards.
f. Water used for construction or maintenance activities where the application of water is the appropriate methodology.
g. Water used for firefighting, firefighter training, fire hose testing, fire pumper testing, and other emergency situation mitigation purposes.
Section 11-106 Year Round Requirements - Interior Use
1. The following indoor or interior use requirements shall apply to all customers using OWASA-supplied potable water:
a. Restaurants and dining facilities shall serve water only on request of the customer.
b. The changing of bed linens in accordance with the most current ‘Green Hotel’ standards is strongly encouraged in hotels, motels, and other facilities providing sleeping accommodations, unless public health and sanitation issues dictate otherwise such as in nursing homes and hospitals.
c. The operation of dishwashers and clothes washers only when loaded to their maximum capacity, or at water level settings appropriate for the size of the load being washed, shall be strongly encouraged.
d. The use of ultra-low flow toilets, tank dams, flow restrictors (aerators) and low-flow showerheads, where not otherwise required, shall be strongly encouraged; and additional indoor conservation practices – as well as devices – shall also be encouraged.
e. Plumbing systems shall be properly maintained and repaired to prevent water
leaks.
f. Indoor water leaks on property or facilities of OWASA customers must be repaired within ten (10) days of discovery and notification by OWASA.
2. Unless superceded by the declaration of a Water Supply Shortage or Emergency, the year-round requirements of III.B.1. above shall not apply to the following:
a. Visually supervised operation and flushing of plumbing systems for short periods of time to check system condition and effectiveness.
b. Water applied to prevent or abate health, safety, or accident hazards.
c. Water used for construction or maintenance activities where the application of water is the appropriate methodology.
3. OWASA shall periodically publicize and otherwise educate its customers on additional methods to conserve the interior use of water.
DIVISION 3. WATER SHORTAGE REGULATIONS
Section 11-107 Determination of Water Shortage or Water Supply Emergency
1. Drought Condition Shortage
OWASA shall base its determination of existing or potential water shortage conditions on its analysis of reservoir levels, streamflow, existing and anticipated demand, availability of supplemental supplies, as well as other elements of reasonable professional judgment and management. The determination of drought shortage conditions shall be guided by periodic estimates of the risk (i.e., probability) that water stored in OWASA’s reservoir system will decline to unacceptably low levels within the foreseeable future. Until improved or alternative criteria are developed, such guidance shall be based on a five percent or greater risk that total reservoir storage will decline to 20 percent or less of total storage capacity within an 18 month period. This guidance shall apply to the initial declaration of a Water Supply Shortage or Emergency and shall inform subsequent declarations of more or less severe Water Supply Shortages or Emergencies.
2. Water Treatment, Storage, or Distribution Capacity Shortage
In addition to conditions caused by drought, OWASA may declare a Water Shortage or Water Supply Emergency whenever customer demand – as averaged over three consecutive days – exceed 85 percent of OWASA’s capability of treating and delivering water. The stage and duration of such a Water Shortage or Water Supply Emergency shall be guided by the degree to which customer demands approach or exceed OWASA’s capacity to meet those demands, and by the degree to which conservation efforts successfully reduce short-term demands.
3. Natural and Man-Made Disasters, Catastrophic Equipment, Plant Failure Shortage
Any other circumstances, including service losses caused by equipment or facility failure, human error, deliberate act, weather, or other natural disaster, which constrain OWASA’s water supply, treatment, or distribution capacity to less than that reasonably needed by its customers, shall constitute a water shortage up to and including a Water Supply Emergency, requiring immediate action by OWASA.
Section 11-108 Required Actions Under Water Shortage or Water Supply Emergency Conditions
In the event of a water supply shortage, OWASA shall, using its best professional judgment and following consultation with the Chapel Hill, Carrboro, and Orange County Managers, determine which of the following stages is the most appropriate response to the estimated level of risk.
1. Water Supply Advisory
A water supply advisory shall represent an alert to the public of a potential shortage and notification that water use restrictions may be imposed if the water supply and/or demand conditions do not improve in the near future. In the event of a declared water supply advisory:
a) No mandatory water use restrictions other than year-round requirements already in place will be implemented.
b) OWASA shall make extensive use of media releases, advertising, and other reasonable means of publicizing the water supply advisory and the need for immediate voluntary conservation.
c) OWASA shall inform the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County Board of Commissioners of its declaration of a water supply advisory.
2. Stage One (1) Water Shortage
In the event that OWASA declares a Stage One Water Shortage, OWASA shall advise the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County Board of Commissioners of its declaration and shall request that they issue Proclamations of WaterSupply Shortage. Upon OWASA’s declaration of a Stage One Water Shortage, the following actions shall be taken with the goal of reducing overall water demand by ten (10) percent:
a) Water use by individually metered residential customer accounts and by individually metered irrigation-only accounts shall be limited to no more than an average of one thousand (1,000) gallons per day during any monthly billing cycle beginning after the declaration of a Water Supply Shortage or Water Supply Emergency and ending while such restrictions are still in effect. OWASA may authorize additional water use to the extent necessary for maintaining active turf viability on publicly maintained athletic fields.
b) Spray irrigation using OWASA-supplied potable water shall not occur more than one day per week with a maximum of one-half inch of water applied to plant material in any given week. Even-numbered properties shall be allowed to spray irrigate only on Tuesdays; odd-numbered properties shall be allowed to spray irrigate only on Thursdays. Spray irrigation shall occur only between the hours of 8:00 p.m. and 9:00 a.m. These restrictions shall not apply to the watering of containerized plants and commercial plant stock in trade or to publicly maintained athletic fields.
c) Irrigation by underground, drip irrigation, micro spray, low precipitation bubblers, soaker hose systems with automatic shutoffs, or by hand held hoses or watering cans may occur at any time or frequency, but shall be limited to a maximum of one-half inch of water applied to plant material in any given week.
d) No OWASA-supplied potable water may be used to re-fill ornamental fountains, ponds, and like devices.
e) No OWASA-supplied potable water may be used for the routine cleaning or washing of paved areas, such as sidewalks, decks, driveways, roadways, or parking lots. This restriction shall not apply to the pressure cleaning of exterior building surfaces nor to pressure cleaning necessary for the removal of offensive graffiti or for reasons related to protection of public health and safety such as clean up of chemical spills, unsanitary materials, or hazardous waste.
3. Stage Two (2) Water Shortage
In the event that OWASA declares a Stage Two Water Shortage, OWASA shall advise the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County Board of Commissioners of its declaration and shall request that they issue Proclamations of Water Supply Shortage, if not already issued. Upon OWASA’s declaration of a Stage Two Water Shortage, the following actions shall be taken with the goal of reducing overall water demand by fifteen (15) percent:
a) Water use by individually metered residential customer accounts and by individually metered irrigation-only accounts shall be limited to no more than an average of 800 gallons per day during any monthly billing cycle beginning after the declaration of a Water Supply Shortage or Water Supply Emergency and ending while such restrictions are still in effect. OWASA may authorize additional water use to the extent necessary for maintaining active turf viability on publicly maintained athletic fields.
b) Spray irrigation with OWASA-supplied potable water shall not be permitted, except by persons regularly engaged in the sale of plants, who shall be allowed to irrigate their commercial stock in trade. Spray irrigation of publicly maintained athletic fields shall also be permitted, to the extent necessary for maintaining active turf viability.
c) Irrigation by underground, drip irrigation, micro spray, low precipitation bubblers, soaker hose systems with automatic shutoffs, or by hand held hoses or watering cans shall be limited to a maximum of one-half inch of water applied to plant material in any given week.
d) No OWASA-supplied potable water shall be used to re-fill ornamental fountains, ponds, and like devices.
e) No OWASA-supplied potable water shall be used for washing vehicles, except at commercial or institutional car washes in which at least 50 percent of the water has been recycled. This restriction shall not apply to washing garbage trucks or to cleaning as may be necessary preparatory to performing vehicle maintenance services.
f) No OWASA-supplied potable water shall be used for filling or re-filling empty swimming pools. OWASA-supplied potable water may be used to top off operating swimming pools.
g) No OWASA-supplied potable water shall be used for the routine cleaning or washing of exterior building surfaces, decks, or paved areas, such as sidewalks, driveways, roadways, and parking lots. This restriction shall not apply to the pressure cleaning of exterior building surfaces or decks prior to painting or re-painting that is necessary to protect or maintain the physical integrity of the structure nor to pressure cleaning necessary for the removal of offensive graffiti or for reasons related to protection of public health and safety such as clean up of chemical spills, unsanitary materials, or hazardous waste.
h) No OWASA-supplied potable water may be used for fire department training or equipment testing unless required by State or Federal regulations.
4. Stage Three (3) Water Shortage
In the event that OWASA declares a Stage Three Water Shortage, OWASA shall advise the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County Board of Commissioners of its declaration and shall request that they issue Proclamations of Water Supply Shortage, if not already issued. Upon OWASA’s declaration of a Stage Three Water Shortage, the following actions shall be taken with the goal of reducing overall water demand by twenty (20) percent:
a) Water use by individually metered residential customer accounts and by individually metered irrigation-only accounts shall be limited to no more than an average of 600 gallons per day during any monthly billing cycle beginning after the declaration of a Water Supply Shortage or Water Supply Emergency and ending while such restrictions are still in effect.
b) The use of OWASA-supplied potable water for heating and/or cooling purposes shall be reduced in all but the most essential facilities to the extent allowable in consideration of indoor air quality standards, weather conditions, and health and safety requirements.
c) No irrigation with OWASA-supplied potable water shall be permitted, except via hand held hoses or watering cans. Such irrigation shall not occur more than three days each week, according to the schedule prescribed in III.A.1.a of these Standards; shall be applied to non-turf plant material only; and shall be limited to a maximum of one-half inch of water per week. Spray irrigation will be allowed for publicly maintained athletic fields, in accordance with water usage limits established in 11-108-4a above.
d) OWASA-supplied potable water may not be used for any other outdoor purposes, except for emergency fire suppression or other activities necessary to maintain public health, safety, or welfare.
e) No bulk sale of potable OWASA water will be allowed except for
purposes necessary to maintain public health, safety, or welfare.
f) No OWASA-supplied potable water may be used for washing any
vehicles. This restriction shall not apply to washing garbage trucks
or to cleaning as may be necessary preparatory to performing vehicle
maintenance services.
g) No OWASA-supplied potable water may be used for pressure washing building exteriors. This restriction shall not apply to pressure cleaning necessary for the removal of offensive graffiti or for reasons related to protection of public health and safety such as clean up of chemical spills, unsanitary materials, or hazardous waste.
h) No OWASA-supplied potable water may be used for the flushing or pressure testing of new distribution lines unless that water is returned to the OWASA water supply system through methods approved by OWASA. This restriction shall not apply to the testing of in-building fire control sprinkler systems.
i) No OWASA-supplied potable water shall be used for filling or re-filling empty swimming pools or for topping off operating swimming pools.
j) No OWASA-supplied potable water may be used for fire department training or equipment testing.
5. Water Supply Emergency
In the event that OWASA declares a Water Supply Emergency, OWASA shall so advise the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County Board of Commissioners and shall request the issuance of a Proclamation of a Water Supply Emergency. in addition to those applicable measures listed above for a Stage Three Water Shortage, the following actions shall be taken upon OWASA’s declaration of a Water Supply Emergency:
a) No OWASA-supplied potable water may be used for any outdoor purposes other than emergency fire suppression or other activities necessary to maintain public health, safety, or welfare.
b) The use of OWASA-supplied potable water for heating and/or cooling purposes shall be reduced in all but the most essential facilities to the extent allowable in consideration of indoor air quality standards, weather conditions, and health and safety requirements.
c) Water service may be discontinued or reduced to designated users or in designated portions of the OWASA service area in order to preserve the availability of water for essential public health and safety requirements, such as fire protection, hospitals, clinics, and other critical community needs.
Section 11-109 Proclamation of Water Shortage or Water Supply Emergency
Upon notification from OWASA of a declaration of a Water Shortage or Water Supply Emergency, the Mayor of the Town of Chapel Hill is authorized and directed, in order to more effectively protect the health and safety of the people within Chapel Hill, to issue a public proclamation invoking the applicable provisions of this Division.
Section 11-110 Penalties and Remedies
Any violations of the provisions of this Division 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.
A violation of any of the provisions of this Division shall subject the offender to a civil penalty of twenty-five dollars for the first offense, fifty dollars for the second offense within a thirty-day period, and one hundred dollars for the third or any additional offense that occurs within any thirty-day period. The Town may seek to recover the penalty by filing a civil action in the nature of a debt if any penalties are not paid within 30 days.
Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense.
The Town may seek to enforce this Division by using any one or a combination of the foregoing remedies.
Section 11-111 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 on July 1, 2003
This the 23rd day of June, 2003.