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HomeMy WebLinkAboutORD 2005-05 - Board sUCKEE s Public Utility District Ordinance No. 2005 - 05 FINDING THE NECESSITY FOR AND ADOPTING A WATER CONSERVATION PROGRAM IN THE EVENT OF A WATER SUPPLY EMERGENCY 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 watersupplierto describe stages of action to be undertaken in the event of a water supply shortage; WHEREAS,the Board of Directors of the Truckee Donner Public Utility District has determined that it is necessary to establish a water conservation program in the event of any future water supply shortage; WHEREAS, the Board finds and determines that a water shortage could exist in the event of major failure of one or more components of the water system; WHEREAS,the Board 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 RESOLVED by the Board of Directors of the 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 authorized to make minor and limited 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. 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. 3. Water Conservation Stages: 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. 1 Ordinance 2005-05 4. The following stages shall take effect upon declaration as herein provided: (a) Stage 1 — 10% Reduction in Water Usage - Voluntary Compliance: Stage 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 Stage 1 are as follows: 1. All new water connections shall be prohibited in the area affected by the water conservation requirement. (b) Stage 2—30% Reduction in Water Usage - Mandatory Compliance: Stage 2 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 additional mandated restrictions in water use for Stage 2 are as follows: 1. All outdoor water uses are prohibited. The District may discontinue service to irrigation services. 2. The withdrawal of water for construction purposes shall be prohibited in the area affected by the water conservation requirement. 3. Customers may be subject to fines and penalties for failure to comply with this requirement. 4. The District may install flow restricting devices on a customers service. (c) Stage 3—50% Reduction in Water Usage - Mandatory Compliance: Stage 3 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 Stage 3 are as follows: 1. Customers shall be required to repair any known leaks on piping owned by the customer. In the event that such leaks are not repaired in a timely manner, the District may perform the repair or hire a contractor to perform the repair, and then invoice the customer for those costs. 2. The District may implement mandatory water rationing through the use of forced rolling outages. 5. Implementation of Conservation Stages.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 the conservation required through the implementation and/or termination of particular conservation stages in order for the District to prudently plan for and supply water to its customers. Thereafter, the General Manager may order that the appropriate stage 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 by one or more of the following methods: (a) Doorhanger notices delivered to the property served (b) Mass mailing to customers and property owners 2 Ordinance 2005-05 (c) Announcements in local media such as newspapers, radio and television (d) Any other methods deemed appropriate by the General Manager The stage designated shall become effective immediately upon announcement. The declaration of any stage shall be reported to the Board as soon as practicable and convene a special meeting as soon as possible. The Board shall thereupon ratify the declaration, rescind the declaration, or direct the declaration of a different stage. 6. Penalties and Fines. It shall be unlawful for any customer of the District to fail to comply with any of the provisions of this ordinance. Failure to comply with any of the provisions of this Ordinance shall be as follows: (a) For the first violation by any customer of any of the provisions of this Ordinance,the District shall verbally notice the fact of such violation. (b) For a second violation by any customer of any of the provisions of this Ordinance,the District shall issue a personal notice of the fact of such violation to the customer. (c) For a third violation by a customer of any provision of this ordinance,the District may install an appropriate flow restricting device upon a prior determination that the customer has repeatedly violated the provisions of this Ordinance and that such action is reasonably necessary to assure compliance with this ordinance. Such action shall be taken only after a hearing held by the General Manager,where the customer has an opportunity to respond to the District's information or evidence that the customer has repeatedly violated the provisions of this Ordinance. As determined by the General Manager, any such restricted service may be restored upon application of the customer made not less than forty-eight(48)hours after the implementation of the action restricting service and only upon a showing by the customer that the customer is ready, willing and able to comply with the provisions of this Ordinance. Prior to any restoration of service, the customer shall pay all District charges for any restriction of service and its restoration as provided for in the District's rules governing water service. Any willful tampering with or removal of any flow restriction device shall result in termination of service for a period to be determined by the General Manager. (d) Notice. The District shall give notice of each violation to the customer committing such violation as follows: 1. For any violation of the provisions of this Ordinance, the District may give written notice of the fact of such violation to the customer personally or by U. S. mail, first class, registered postage paid. 2. If the penalty assessed is, or includes, the installation of a flow restrictor to the customer, notice of the violation shall be given in the following manner: a. By giving written notice thereof to the customer personally; or b. If the customer be absent from or unavailable at either his place of residence or his assumed place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the U.S. mail, first class, registered postage prepaid, addressed to the customer at his place of business, residence,or such other address provided by the customer for bills for water or electric service if such can be ascertained; or 3 Ordinance 2005-05 C. If such place or residence, business or other address cannot be ascertained,or a person of suitable age or discretion at any such place cannot be found,then by affixing a copy in a conspicuous place on the property where the failure to comply is occurring and also be delivering a copy to a person of suitable age and discretion there residing, or employed, if such person can be found, and also sending a copy through the U.S. mail, first class, registered postage prepaid,addressed to the customer at the place where the property is situated as well as such other address provided by the customer for bills for water or electric service if such can be ascertained. 3. Said notice shall contain, in addition to the facts of the violation, a statement of the possible penalties for each violation and statement informing the customer of his right to a hearing on the violation. (e) Appeals.Any customer against whom a penalty is levied pursuant to this section shall have a right to an appeal, in the first instance to the General Manager with the right of appeal to the District's Board of Directors,on the merits of the alleged violation, upon written request of that customer to the District within fifteen days of the date of notification of the violation. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the second day of November 2005 by the following roll call vote: AYES: Directors Aguera, Hemig, Sutton, Taylor and Thomason NOES: None ABSTAIN: None ABSENT: None TRUCKEE DON R PUBLIC UTILITY DISTRICT By k-- J. lf� ig, President of the Board ATTEST• Peter L. Holzmeister, Clerk of the Board 4 Ordinance 2005-05