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HomeMy WebLinkAbout8 Attachment 2 Ordinance 2021-011 Ordinance 2021-01 Ordinance No. 2021 - 01 FINDING THE NECESSITY FOR AND ADOPTING A WATER SHORTAGE CONTINGENCY PLAN __________________________________________________________________________ WHEREAS, California Water Code Sections 375 et. seq. permit public entities which supply water at retail to adopt and enforce a water conservation program to reduce the quantity of water used by the people therein for the purpose of conserving the water supplies of such public entity; WHEREAS, California Water Code Section 10632 requires an urban water supplier to describe the actions to be undertaken in the event of a water supply shortage; WHEREAS, the Board of Directors of Directors of the Truckee Donner Public Utility District has determined that it is necessary to establish a Water Shortage Contingency Plan in the event of any future water supply shortage or drought emergency; WHEREAS, the Board of Directors finds and determines that a water shortage could exist in the event of major failure of one or more components of the water system or drought; WHEREAS, the Board of Directors also finds and determines that the water sources available be put to maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use, of water be prevented and that the conservation of such water be encouraged with a view to the maximum reasonable and beneficial use thereof in the interest of the people of the District and for the public welfare. NOW THEREFORE BE IT ENACTED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. The General Manager is hereby authorized and directed to implement the provisions of this ordinance. Additionally, the General Manager is hereby charged with interpretation, regulation and enforcement of the provisions of this ordinance, and authorized to make exceptions to prevent undue hardship or unreasonable restrictions, provided that water shall not be wasted or used unreasonably and the purpose of this ordinance can be accomplished. 2. To the extent that any of the existing and prior ordinances of the District applicable to its water system are inconsistent herewith, all such prior water ordinances shall be deemed revoked upon this ordinance becoming effective to the extent that they are inconsistent. 3. The provisions of this ordinance shall apply to all water served to persons, customers, and property by the District. The District shall declare which portions of the service area are subject to a water supply emergency and the requirements of this ordinance. 4. The provisions of this ordinance are not applicable to the uses of water which are necessary to protect public health and safety or for essential governmental services, such as police, fire and other similar emergency services. 2 Ordinance 2021-01 5. No person shall knowingly use water or permit the use of water supplied by the District for commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this ordinance, in an amount in excess of the amounts authorized by this ordinance or during any period of time other than the periods of time specified in this ordinance. At no time shall water be wasted or used unreasonably. 6. During the first quarter of each calendar year, the Water Department Shall conduct an annual assessment of water supply and demand as required by the California Water Code. The assessment shall follow the procedure outlined in the District’s Water Shortage Contingency Plan. 7. WATER SUPPLY SHORTAGE LEVELS The following water supply shortage levels shall take effect upon declaration as herein provided: (a) Level 1 – Targeted 10% Reduction in Water Usage - Voluntary Compliance: Level 1 applies during periods that the District determines that water usage should be reduced approximately 10% in order to meet all of the water demands of its customers. Specific mandated restrictions in water use for Level 1 are as follows: 1. Irrigation with potable water of ornamental landscapes and turf shall be limited to every other day. 2. The application of potable water to driveways and sidewalks shall be prohibited unless for driveway sealing or construction. 3. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle, shall be prohibited (b) Level 2 – Targeted 20% Reduction in Water Usage - Mandatory Compliance: Level 2 applies during periods that the District determines that water usage should be reduced approximately 20% in order to meet all of the water demands of its customers. Specific mandated restrictions in water use for Level 2 are as follows: 1. Irrigation with potable water of ornamental landscapes and turf shall be limited to every other day. 2. The application of potable water to driveways and sidewalks shall be prohibited unless for driveway sealing or construction. 3. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle, shall be prohibited. 4. Customers may be subject to penalties for failure to comply with this requirement. (c) Level 3 – Targeted 30% Reduction in Water Usage - Mandatory Compliance: Level 3 applies during periods that the District determines that water usage should be reduced approximately 30% in order to meet all of the water demands of its customers. Specific mandated restrictions in water use for Level 3 are as follows: 1. Irrigation of ornamental landscapes and turf shall be limited to three days per week. 2. The application of potable water to driveways and sidewalks shall be prohibited. 3. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle, shall be prohibited. 4. The District may install flow restricting devices on a customer’s service. 3 Ordinance 2021-01 5. Customers may be subject to penalties for failure to comply with this requirement. (d) Level 4 – Targeted 40% Reduction in Water Usage - Mandatory Compliance: Level 4 applies during periods that the District determines that water usage should be reduced approximately 40% in order to meet all of the water demands of its customers. Specific mandated restrictions in water use for Level 4 are as follows: 1. Irrigation of ornamental landscapes and turf shall be limited to two days per week. 2. The application of potable water to driveways and sidewalks shall be prohibited. 3. The use of potable water to wash a motor vehicle, except where the hose is fitted with a shut- off nozzle, shall be prohibited. 4. Any customer leak in plumbing and / or irrigation systems shall be repaired when found, but in any case within ten days of notice by the District to repair. The District may perform the repair or hire a contractor to perform the repair, and then invoice the customer for those costs. 5. The District may install flow restricting devices on a customer’s service. 6. Customers may be subject to penalties for failure to comply with this requirement. (e) Level 5 – Targeted 50% Reduction in Water Usage - Mandatory Compliance: Level 5 applies during periods that the District determines that water usage should be reduced approximately 50% in order to meet all of the water demands of its customers. Specific additional mandated restrictions in water use for Level 5 are as follows: 1. All outdoor water uses are prohibited in the area affected by the water conservation requirement. The District may discontinue service to irrigation services. 2. Any customer leak in plumbing system shall be repaired when found, but in any case within ten days of notice by the District to repair. The District may perform the repair or hire a contractor to perform the repair, and then invoice the customer for those costs. 3. The District may install flow restricting devices on a customer’s service. 4. The District may implement mandatory water rationing through the use of rolling outages. 5. Customers may be subject to penalties for failure to comply with this requirement. (f) Level 6 – Targeted Greater Than 50% Reduction in Water Usage - Mandatory Compliance: Level 6 applies during periods that the District determines that water usage should be reduced approximately 50% in order to meet all of the water demands of its customers. Specific additional mandated restrictions in water use for Level 6 are as follows: 1. All outdoor water uses are prohibited in the area affected by the water conservation requirement. The District may discontinue service to irrigation services. 2. Any customer leak in plumbing system shall be repaired when found, but in any case within ten days of notice by the District to repair. The District may perform the repair or hire a contractor to perform the repair, and then invoice the customer for those costs. 3. The District may install flow restricting devices on a customer’s service. 4. The District may implement mandatory water rationing through the use of rolling outages. 4 Ordinance 2021-01 5. Customers may be subject to penalties for failure to comply with this requirement. 8. IMPLEMENTATION OF WATER SHORTAGE LEVELS The District shall monitor the projected supply and demand for water by its customers on a daily basis. In the event of an emergency, the General Manager shall determine the extent of water conservation required through the implementation and/or termination of particular water shortage levels in order for the District to prudently plan for and supply water to its customers. Thereafter, the General Manager may order that the appropriate level of water conservation be implemented or terminated in accordance with the applicable provision of this ordinance. Water system customers shall be notified of water conservation stages in accordance with the communication protocols outlined in the District’s Water Shortage Contingency Plan. The designated water shortage level shall become effective immediately upon announcement. The declaration of any water shortage shall be reported to the Board of Directors as soon as practicable and convene a special meeting as soon as possible. The Board of Directors shall thereupon declare a water shortage emergency, if necessary. 9. VIOLATIONS In order to protect the health, safety and welfare of the community, the District shall serve any customer found to be violating any provision of this ordinance with written notice, in accordance with Section 12, stating the nature of the violation and providing a reasonable time limit for the satisfactory correction. If a violation is not corrected within the time limit prescribed, the General Manager may exercise his authority to disconnect the water service from the District’s system based upon the severity of the violation. Disconnection and reconnection fees shall be assessed per the District’s fee schedule. 10. REQUESTS FOR EXEMPTION OR DEVIATION All requests for exemption or deviation from these standards shall be submitted, in writing, by the customer to the General Manager. The customer must obtain written permission and not assume that permission will be forthcoming for exemptions or deviations. The General Manager may temporarily or permanently exempt customers from the provisions of this Ordinance, or impose reasonable conditions in lieu of compliance, if the General Manager finds that any of the following conditions exist: 10.1 Serious Economic Hardship The requirements would cause an unnecessary and undue economic hardship upon the customer, threatening the customer’s primary source of income as an individual or a business. 10.2 Adverse Impact on Health and Safety Strict compliance would create an emergency condition, as determined by the General Manager, adversely affecting the health, protection or safety of the customer or the public. 11. APPEALS Any person who is dissatisfied with any determination made under this ordinance may at any time within 30 days after such determination make an appeal. The first appeal will be made to the General Manager in writing. Should the applicant be dissatisfied with the decision of the General Manager, a subsequent appeal may be made to the Board of Directors of Directors within 30 days of the General Manager’s decision. 11.1 Appeal to General Manager Any person who is dissatisfied with any determination made under this ordinance may at any time within 30 days after such determination, appeal to the General Manager by giving written notice to the General Manager. The appeal shall set forth the events and circumstances leading to the appeal, the nature of the ruling or interpretation from which relief is sought, the nature of the impact of the ruling on the appellant’s property or business, together with any other reasons for the appeal. The General Manager shall investigate the matter appealed and shall make a written decision, which 5 Ordinance 2021-01 shall be mailed to the appellant within 30 days of receipt of the appeal. If the dispute involves an amount of charges, the appellant shall pay the amount disputed in full when the charges are due. Any charge paid under protest will be refunded to the appellant should the General Manager determine that the charges were wrongfully made. 11.2 Appeal to Board of Directors of Directors Any person who is dissatisfied with any determination made by the General Manager may at any time within 30 days after such determination, appeal to the Board of Directors of Directors by giving written notice to the General Manager and to the Clerk of the Board of Directors of Directors. The appeal shall set forth the events and circumstances leading to the appeal, the nature of the ruling or interpretation from which relief is sought, the nature of the impact of the ruling on the appellant’s property or business, together with any other reasons for the appeal. The General Manager shall transmit to the Board of Directors of Directors a report upon the matter appealed. The Board of Directors of Directors may request that the appeal be agendized and consider all testimony and make a decision, which shall be mailed to the appellant within 30 days of the date of the Board of Directors action. The Board of Directors of Directors may, at any time, upon its own motion, revise any determination made by the General Manager. If the dispute involves an amount of charges, the appellant shall pay the amount disputed in full when the charges are due. Any charge paid under protest will be refunded to the appellant should the Board of Directors of Directors determine that the charges were wrongfully made. 12. NOTICE OF VIOLATION If any person fails or refuses to comply with the provisions of this ordinance, the General Manager or the manager’s designee shall provide the person with a written notice of the violation and an opportunity to correct the non-compliance. The written notice will: (a) Be posted or presented at the site of the noncompliance (b) Be mailed to the customer (c) State the time, date and place of the violation (d) Provide a general description of the violation (e) State the means to correct the violation (f) State a date by which correction is required (g) State the possible consequences of failing to correct the violation If the violation is not corrected to the District’s satisfaction within the time frame specified, the District may restrict the water service to the property or disconnect the service. In addition to correcting the violation, the customer may be billed administrative fees on their account. 12.1 PROCEDURES 12.1.1 First Violation Following adoption of this ordinance, first violations will result in a friendly reminder in the form of a notice posted on or near the front door, personal contact with the customer, a phone call and/or a letter advising the customer of the violation, in accordance with Section 12 a through g. 12.1.2 Second Violation For a second violation within one calendar year, the customer will be notified in writing in accordance with Section 12 a through g. If the correction is not made within thirty (30) days of the 6 Ordinance 2021-01 District’s notice to the customer, the customer may be assessed a penalty of $100. The penalty shall be added to the customer’s water service charges at the property where the violation occurred. 12.1.3 Third Violation For a third violation within one calendar year, the customer will be notified in writing in accordance with Section 12 a through g. The customer may be assessed a penalty of $200. The penalty shall be added to the customer’s water service charges at the property where the violation occurred. If not corrected within ten days of written notice, a flow-restricting device may be installed on the customer’s service connection, and the costs associated with the installation and removal will be billed on the customer’s monthly water billing. 12.1.4 Fourth Violation For the fourth and subsequent violations within one calendar year, the customer will be notified in writing in accordance with Section 12 a through g and the customer may be assessed a penalty of $500. The penalty shall be added to the customer’s water service charges at the property where the violation occurred. In addition, a flow-restricting device may be installed on the customer’s service connection, and the costs associated with the installation and removal will be billed to the customer. If not corrected within ten days of written notice, the District may discontinue the customer’s water service at the property where the violation occurred in accordance with District procedures. Reconnection shall only be permitted when there is reasonable protection against future violations, as determined by the General Manager. 12.2 ENFORCEMENT COSTS The District may correct any violation of this ordinance and bill the customer for costs and expenses in enforcing the provisions of this ordinance, including staff time for investigation and monitoring for compliance, if the customer refuses to comply. Charges shall be added to the customer’s bill for the property where the enforcement costs were incurred. The District may also take such action as may be allowed by statute. 12.3 TERMINATION OF SERVICE Failure to correct the violation may result in termination of water service to the parcel on which the violation occurred. 13. SEVERABILITY If any section, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. The Board of Directors hereby declares that it would have passed each section, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, sentences, clauses or phrases be declared invalid. 7 Ordinance 2021-01 PASSED AND ADOPTED by the Board of Directors of Directors at a meeting duly called and held within the District on the second day of June 2021 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By____________________________________ Christa Finn, President of the Board of Directors ATTEST: _____________________________________ Brian Wright, Clerk of the Board of Directors