HomeMy WebLinkAboutAgenda - 06-16-2009 - 4sORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 16, 2009
Action Agenda
Item No. ~{- - S
SUBJECT: Revision of the County's Water Conservation Ordinance to Incorporate the
BOCC Approved Revisions to the Portion of the Ordinance Applicable to the
OWASA Service Area
DEPARTMENT: County Manager PUBLIC HEARING: (YIN) No
ATTACHMENT(S): (Under Separate Cover) INFORMATION CONTACT:
Revised Water Conservation Ordinance Ed Kerwin, 919-968-4421
- Clean and Mark-up Versions John Roberts, 919-245-2318
Paul Thames, 919-245-2303
PURPOSE: To adopt a revised County Water Conservation Ordinance that incorporates the
Orange Water & Sewer Authority (OWASA) revised Water Conservation Ordinance standards
and provisions applicable to the OWASA customers within the unincorporated area of Orange
County (the revised standards and provisions were specifically approved by the Board at its
May 5, 2009 regular meeting).
BACKGROUND: Orange County's Water Conservation Ordinance (Chapter 36, Article II)
contains a section of standards -Division II -applicable only to OWASA in the County-only
portion of its service area and customers located in that service area. This section has been
revised on occasion to reflect changing circumstances in OWASA's water supply availability and
improvements in OWASA's ability to predict the necessity to impose use and demand
limitations on its water utility customers.
The revisions to OWASA's conservation and use standards and requirements reflect lessons
learned during the drought of 2007-08 and comments received by local governments, the local
business community and OWASA customers subsequent to that drought.
The notable changes to the existing standards and restrictions include:
The "Water Supply Advisory" stage has been eliminated due to its ineffectiveness and
the confusion caused to OWASA customers;
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• The high "cut-off' limits on monthly water use have been eliminated due to the confusion
caused to OWASA customers and to the fact that OWASA increasing block rates and
Water Shortage surcharges are effective in reducing water consumption;
• Allowances have been made for irrigating "Public Purpose Athletic and Recreations
Fields" and "Public Purpose Botanical Sites" at times and frequencies different than
specified for general spray irrigation, providing such exceptions comply with OWASA-
approved Water Conservation Plans for each site;
• While spray irrigation restrictions remain largely unchanged, the hours during which this
irrigation method can be used have been slightly extended;
• Restrictions on irrigation by drip irrigation, underground hose emitters, soaker hoses,
hand watering and other non-spray irrigation methods have been eliminated except
during a Water Supply Emergency when all irrigation is prohibited;
• Ornamental ponds, fountains, etc., may be filled or refilled during Stage 1 water use
restrictions. Birdbaths and other small scale wildlife support facilities may be filled or
refilled during Stage 1, 2 and 3 water use restrictions;
• Building exterior washing prior to painting is allowed in Stages 1 and 2 restrictions while
general cleaning is allowed only in Stage 1 restrictions;
• Swimming pools are allowed to be filled or refilled at any time other than during a Water
Supply Emergency; and
• New water lines may be flushed or pressure tested at any time, including a Water Supply
Emergency (when water must be recaptured and returned to OWASA's system).
FINANCIAL IMPACT: None to Orange County.
RECOMMENDATION(S): The Manager and the Attorney recommend the Board adopt the
revised County Ordinance (Chapter 36, ARTICLE II. WATER CONSERVATION) specifically
incorporating the new DIVISION 2. YEAR ROUND CONSERVATION OF WATER AND FOR
TEMPORAY RESTRICTIONS DURING WATER SHORTAGES AND EMERGENCIES
RELATED TO ALL ORANGE WATER AND SEWRE AUTHORITY CUTOMERS LOCATED IN
THE UNICORPORATED PART OF ORANGE COUNTY.
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ARTICLE II. WATER CONSERVATION*
*Editor's note: The tables I and II referenced in this article are not printed herein but are
on file and available in the county offices.
State law references: Declaration of water emergency, G.S. 143-354(b).
DIVISION 1. GENERALLY
Sec.36-31. Restrictions.
(a) While water is flowing over the Lake Orange spillway, normal conditions will be
deemed to exist with no withdrawal or conservation restrictions to be enforced. A water
shortage shall be declared to exist with respect to Lake Orange whenever the level of
Lake Orange reaches the second of seven stages shown on table I, or whenever
emergencies develop such that citizens cannot be supplied with water to protect their
health, safety and welfare without curtailing the water demand. Conservation measures
and a limit on withdrawals shall be instituted upon reaching the alert stage and made
more restrictive. through successive stages of drought in an effort to prolong the
availability of water. Each public water user must make allowance to pass below its
intake facilities the prescribed minimum flow established for its service area plus the
proportionate share of other water users' share plus instream flow need calculated for the
Eno River below Lake Ben Johnston. Water withdrawal rates for public water users and
instream flow releases shall be instituted in the amounts and per the conditions shown in
table IL
(b) A water shortage shall be deemed to exist, with respect to University Lake whenever
the level of University Lake reaches the second of the six stages shown on table I, or
whenever emergencies develop such that citizens cannot be supplied with water to protect
their health, safety and welfare without curtailing the water demand.
(c) In the event of a water shortage in either University Lake or Lake Orange, or both,
the chair of the board of commissioners is authorized, empowered and directed to issue a
public proclamation declaring to all persons the existence of such state and its severity,
and place in effect the restrictive provisions authorized in section 36-33.
(Ord. of 7-10-1986, art. 1, eff. 7-10-1986)
Sec. 36-32. Unlawful to use water contrary to provisions of this article.
(a) The streamflow requirements of the Eno River set forth in table II shall be in effect
at all times after July 10, 1986. It shall be unlawful and a violation of this article for any
water user to cause the streamflow to be reduced below five written substantiation of the
need for the exception with its request.
(b) If the chair of the board of commissioners issues any proclamation authorized by
section 36-31(c), it shall be unlawful for any person to use or permit the use of water
from the Eno River through the facilities of the Orange-Alamance Water System, Inc.,
the Town of Hillsborough, or the Orange Water and Sewer Authority (when supplied by
the Town of Hillsborough) and water from any raw water supply within the county used
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by the Orange Water and Sewer Authority, in violation of any of the mandatory
restrictions contained in the proclamation until the chair, by public proclamation, has
declared a particular stage of the water shortage to be over and the restrictions applicable
to it no longer in effect.
(c) In light of the many benefits that can be derived by conserving water, all persons in
the county using any of the water supplies that are the subject of this article should follow
water conservation practices regardless of the time of year or whether or not a water
shortage exists. Water conservation should be followed during all phases of construction-
related activities. Water needed should be obtained from supplemental sources other than
the Eno River portion lying above the Hillsborough Waste Treatment Plant. Where water
for construction is needed from the Eno River, written permission shall be obtained from
a water providing utility. All such water shall be considered as a portion of the utility's
water allocation. A copy of the written approval shall be delivered to the county manager
immediately.
(Ord. of 7-10-1986, art. 2, eff. 7-10-1986)
Sec. 36-33. Restrictive measures in effect at each stage of a water shortage.
The severity of the water shortage shall be determined by the emergency or the level of
University Lake and Lake Orange as shown on table I.
(1) If the water level of University Lake declines to a stage II level above mean sea
level, in feet, a stage II water shortage alert shall be deemed in effect. If the water level of
Lake Orange declines to a stage II elevation of water below Lake Orange spillway, in
feet, a stage II water shortage alert shall be deemed in effect. When a water shortage alert
is in effect, the following voluntary water restrictions are imposed:
a. Use shower for bathing rather than bathtub and limit shower to no more than four
minutes.
b. Limit flushing of toilets by multiple usage.
c. Do not leave faucets running while shaving or rinsing dishes.
d. Limit use of clothes washers and dishwashers and when used, operate fully loaded.
e. Limit lawn watering to that which is necessary for plants to survive.
f. Water shrubbery the minimum required, reusing household water when possible.
g. Limit car washing to the minimum.
h. Do not wash down outside areas such as sidewalks, patios, etc.
i. Install water flow restrictive devices in shower heads.
j. Use disposable and biodegradable dishes.
k. Install water saving devices such as bricks, plastic bottles or commercial units in
toilet tanks.
1. Limit hours of operation ofwater-cooled air conditioners.
(2) If the water level of University Lake declines to a stage III level above mean sea
level, in feet, a stage III water shortage warning shall be deemed in effect. If the water
level of Lake Orange declines to a stage III elevation of water below Lake Orange
spillway, in feet, a stage III water shortage warning shall be deemed in effect; and in
addition to the restrictions heretofore imposed, the following moderate mandatory water
restrictions shall be in effect. It shall be unlawful to use water from the public water
system supplied by the Town of Hillsborough, Orange-Alamance Water System, Inc., or
the Orange Water and Sewer Authority for the following purposes:
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a. To water lawns, grass, shrubbery, trees, flower and vegetable gardens except as
follows:
1. Customers located outside the Orange Water and Sewer Authority service area may
water lawns, grass, shrubbery, trees, flowers and vegetable gardens during Saturday or
Sunday evenings between the hours of 6:00 p.m. and 9:00 p.m.
2. Customers within the Orange Water and Sewer Authority service area located to the
south of the centerline of NC 54 West, Main Street in Carrboro, Franklin Street, and US
15/501 Boulevard may water lawns, grass, shrubbery, trees, flower and vegetable gardens
on Saturday evening between the hours of 6:00 p.m. and 9:00 p.m. Customers located to
the north of the centerline of NC 54 West, Main Street in Carrboro, Franklin Street, and
US 15/501 Boulevard may water lawns, grass, shrubbery, trees, flower and vegetable
gardens on Sunday evening between the hours of 6:00 p.m. and 9:00 p.m.
3. All such watering is to be done by hand-held hose or container or drip irrigation
system.
b. To fill newly constructed swimming and/or wading pools or refill swimming and/or
wading pools which have been drained. A minimal amount of water may be added to
maintain continued operation of pools which are in operation at the time the provisions of
a stage III warning are placed into effect.
c. To operate water-cooled air conditioners or other equipment that does not recycle
cooling water, except when health and safety are adversely affected.
d. To wash automobiles, trucks, trailers, boats, airplanes or any other type of mobile
equipment, including commercial washing.
e. To wash down outside areas such as streets, driveways, service station aprons,
parking lots, office buildings, exteriors of existing or newly constructed homes or
apartments, sidewalks or patios, or to use water for other similar purposes.
f. To operate or introduce water into any ornamental fountain, pool or pond or other
structure making similar use of water.
g. To serve drinking water in restaurants, cafeterias, or other food establishment, except
upon request.
h. To use water from public or private fire hydrants for any purpose other than fire
suppression or other public emergency.
i. To use water for dust control or compaction.
j . To intentionally waste water.
(3) The owner or occupant of any land or building that receives water from Orange
Water and Sewer Authority and that also utilizes water from a well or supply other than
that of Orange Water and Sewer Authority shall post and maintain in a prominent place
thereon a sign furnished by Orange Water and Sewer Authority giving public notice to
the use of the well or other source of supply.
(4) It shall be unlawful to use water from the Eno River through the facilities of the
Town of Hillsborough, the Orange-Alamance Water System, Inc., and the Orange-
Alamance Water Corporation for the following purposes:
a. To water lawns, grass, shrubbery, trees, flower and vegetable gardens except between
the hours of 6:00 p.m. and 9:00 p.m. on Saturdays and Sundays.
b. To fill newly constructed swimming and/or wading pools or refill swimming and/or
wading pools that have been drained. A minimal amount of water may be added to
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maintain continued operation of pools that are in operation at the time the provisions of a
stage III warning are placed into effect.
c. To operate water-cooled air conditioners or other equipment that does not recycle
cooling water, except when health and safety are adversely affected.
d. To wash automobiles, trucks, trailers, boats, airplanes or any other type of mobile
equipment, including commercial washing.
e. To wash down outside areas such as streets, driveways, service station aprons,
parking lots, office buildings, exteriors of existing or newly constructed homes or
apartments, sidewalks, or patios, or to use water for other similar purposes.
f. To operate or introduce water into any ornamental fountain, pool or pond or other
structure making similar use of water.
g. To serve drinking water in restaurants, cafeterias, or other food establishment, except
upon request.
h. To use water from public or private fire hydrants for any purpose other than fire
suppression or other public emergency.
i. To use water for dust control or compaction.
j. To intentionally waste water.
(5) The owner or occupant of any land or building that receives water from the Orange-
Alamance Water System, Inc., or the Town of Hillsborough and that also utilizes water
from a well or supply other than that of Orange-Alamance Water System, Inc., or the
Town of Hillsborough shall post and maintain in a prominent place thereon a sign
furnished by the county giving public notice to the use of the well or other source of
supply.
(6) If the water level of University Lake declines to a stage IV level above mean sea
level, in feet, a stage IV water shortage danger shall be deemed in effect. If the water
level of Lake Orange declines to a stage IV elevation of water below Lake Orange
spillway, in feet, a stage IV water shortage danger shall be deemed in effect, and in
addition to the restrictions heretofore imposed, the following severe mandatory water
restrictions shall be in effect. It shall be unlawful to:
a. Water or sprinkle any lawn.
b. Water any vegetable garden or ornamental shrubs except during the hours of 6:00
p.m. to 9:00 p.m. on Saturday.
c. Make any nonessential use of water for commercial or public use, and the use of
single-service plates and utensils is encouraged and recommended in restaurants.
(7) If the water level of University Lake declines to a stage V level above mean sea
level, in feet, a stage V water shortage emergency shall be deemed in effect. If the water
level of Lake Orange declines to a stage V elevation of water below Lake Orange
spillway, in feet, a stage V water shortage emergency shall be deemed in effect, and in
addition to the restrictions heretofore imposed, the following stringent mandatory water
restrictions shall be in effect; and in addition to the restrictions heretofore imposed, the
following severe mandatory water restrictions shall be in effect. It shall be unlawful to:
a. Use water outside a structure for any use other than an emergency use involving fire.
b. Operate an evaporative air conditioning unit that recycles water except during the
operating hours of the business.
c. Introduce water into any swimming pool.
(8) If the water level of University Lake declines to a stage VI level above mean sea
level, in feet, a stage VI water shortage crisis shall be deemed in effect. If the water level
of Lake Orange declines to a stage VI elevation of water below Lake Orange spillway, in
feet, a stage VI water shortage crisis shall be deemed in effect; and a system of water
rationing shall be put in effect in addition to all previously imposed restrictions. In the
event of water rationing in which water will be supplied in the minimal quantities
required for the health, welfare and safety of the citizens in accordance with a program
determined by the county:
a. It shall be unlawful to fail to act in accordance with such rationing or use water in any
manner or attempt to evade or avoid such water rationing restrictions.
b. Fire protection will be maintained, but where possible tank trucks shall use raw water.
(Ord. of 7-10-1986, art. 3, eff. 7-10-1986)
Sec.36-34. Penalties.
Any violation of the provisions of this article shall constitute a misdemeanor, punishable
upon conviction in accordance with section 1-7, as provided by G.S. 14-4. Any such
violation may be enjoined, restrained or abated as provided by G.S. 153A-123(d) and
153A-123(e).
(Ord. of 7-10-1986, art. 4, eff. 7-10-1986)
Secs. 36-35--36-60. Reserved.
DIVISION 2. YEAR ROUND CONSERVATION OF WATER AND FOR
TEMPORARY RESTRICTIONS DURING WATER SHORTAGES AND
EMERGENCIES RELATED TO ALL ORANGE WATER AND SEWER AUTHORITY
CUSTOMERS LOCATED
IN THE UNINCORPORATED PART OF ORANGE COUNTY*
*Editor's note: Ord. of 6-26-2003, § VIII, repealed the former Div. 2, §§ 36-61--36-69,
and enacted a new Div. 2 as set out herein. The former Div. 2 pertained to similar subject
matter and derived from Ord. of June 4, 2002(2), §§ I--VIII, X.
Sec.36-61. Purpose.
The purpose of this division is to:
(1) Reduce 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) Provide an orderly process for reducing community-wide water demands during
periods of drought or other naturally occurring causes of water shortages; and
(3) Provide an orderly process for reducing community-wide water demands during
periods of water shortages due to natural disaster (other than drought), major OWASA
facilities failure, or other unexpected and sudden loss of water supply, treatment, or
distribution capacity that constitutes a water supply emergency.
(Ord. of 6-26-2003, § IA)
Sec.36-62. Definitions.
The following definitions shall apply to this division 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 predetermined 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.
Gaawater. Domestic wastewater collected from household fixtures and appliances, such
as washing machines, dishwashers, showers, sinks, and bathtubs, but not from toilets or
urinals. Grawater may only be reused in accordance with practices approved by public
health authorities.
Hand watering. The application of water for irrigation purposes through a handheld 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
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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.
Overall Water Demand. The total water demand for any given month as projected by
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 Purpose Athletic or Recreational Field. An athletic or recreational field owned or
leased by a public or not-for-profit entity and which is (i) operated for the use of the
public pursuant to general invitation, and (ii) not operated for the purpose of profit. For
purposes of this definition, a golf course is not considered to be a public purpose athletic
field or recreational field.
Public Purpose Botanical Site. A landscaped area which is owned or leased by a public
or not-for-profit entity in which a variety of plants are grown to be categorized and
documented for scientific purposes and/or which may also be open to the public for
entertainment and educational purposes.
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 stormwater 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 nonpotable purposes as irrigation, heating/cooling, street cleaning,
dust control, firefighting, and other applications that do not require water of potable
quality.
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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 of its
composition.
Spray irrigation. The application of water to landscaping by means of a device, other
than ahand-held hose or watering container, 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 Conservation Plan (OWASA Approved). A written document submitted by the
owner or operator of a public purpose athletic field ,recreational field, and/or a public
purpose botanical site, and approved by OWASA's Executive Director or his/her
designee, that specifies the conservation measures and irrigation operating modes that
will be employed at those public purpose facilitie4s, and the specific practices that will be
employed to achieve Stage 1, 2, and 3 Water Shortage conservation goals enumerated in
these OWASA's Water Conservation Standards.
Water waste. The non-beneficial use of OWASA potable water. Nonbeneficial uses
include but are not restricted to:
(1) 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.
(2) 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.
(3) Water applied in sufficient quantity to cause ponding on impervious surfaces.
(4) Water lost through plumbing leaks that can be readily identified and corrected.
Watering Bag. A contained used to hold and slowly dispense water around the base of a
tree or shrub. These are commonly called "Gators."
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.
(Ord. of 6-26-2003, § IB)
Sec. 36-63. Water waste prohibited.
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No person, party, or entity shall use, cause, waste, or permit to be wasted any OWASA-
supplied potable water, in violation of the provisions of this division.
(Ord. of 6-26-2003, § II)
Sec. 36-64. Year round requirements.
(a) 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 6:00 p.m. and 10:00 a.m. These restrictions shall not apply to properties using
underground, drip irrigation, micro spray, low precipitation bubblers, soaker hoses hand
watering, tree or shrub watering bags, or where watering of containerized plants and
commercial plant stock in trade is maintained for resale.
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.
f. Outdoor water leaks on property or facilities of OWASA customers must be repaired
within ten days of discovery and notification by OWASA.
g. Owners of public purpose athletic fields, recreational fields, and/or public botanical
sites shall not be subject to the year-round limitations set out above if those facilities are
operated in compliance with an OWASA-approved Water Conservation Plan that
specifies the measures and modes to be employed at that facility year-round and during
successive stages of a declared water shortage.
(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
foregoing year-round requirements of subsections (a)(1)a.b. above shall not apply to the
following:
a. Outdoor irrigation necessary for the establishment of newly sodded lawns and
landscaping within the first 45 days of planting, or watering of newly seeded turf within
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the first six months of planting, provided such watering must take place between the
hours of 6:00 pm and 10:00 am
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 when alternate methods are not
available.
d. Visually supervised operation of watering systems for short periods of time to check
system condition and effectiveness.
e. Water applied to protect public health or prevent or abate health, safety, or accident
hazards when alternate methods are not available, including washing out garbage trucks,
cleaning up hazardous or unsanitary materials, provided such use is in the least quantity
needed to accomplish the task.
f. Water used for construction or maintenance activities where the application of water
is the appropriate methodology and where no other practical alternative exists.
g. Water used for firefighting, firefighter training, fire hose testing, fire pumper testing,
and other emergency situation mitigation purposes.
(b) 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. Hotels, motels, and other facilities providing sleeping accommodations shall change
bed linens only upon request of the customer, or upon customer changeover, or every five
days for long-term customers.
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 asdevices -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 days of discovery and notification by OWASA.
(2) Unless superseded by the declaration of a water supply shortage or emergency, the
year-round requirements of subsection (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 when alternate
methods are not available.
c. Water used for construction or maintenance activities where the application of water
is the appropriate methodology and where no other practical alternative exists.
(3) OWASA shall periodically publicize and otherwise educate its customers on
additional methods to conserve the interior use of water.
(Ord. of 6-26-2003, § III)
Sec. 36-65. Determination of a water supply shortage or emergency.
13
(a) 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.
(b) Water treatment, storage, or distribution capacity shortage. In addition to
conditions caused by drought, OWASA may declare a water supply shortage or
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 supply shortage or 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.
(c) Natural and manmade disasters and catastrophic equipment and 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 supply shortage up to and
including a water supply emergency, requiring immediate action by OWASA.
(Ord. of 6-26-2003, § IV)
Sec. 36-66. Required actions under water supply shortage or emergency conditions.
In the event of a water supply shortage, OWASA shall, using its best professional
judgment, determine which of the following stages is the most appropriate response to the
estimated level of risk.
(a) In the event of a water supply shortage, OWASA shall, using its best professional
judgment, determine which of the following stages is the most appropriate response to the
estimatede level of risk considering the factors set out in subsections (a) and (b) of 36-65,
above.
(b) Stage one 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 water supply shortage. Under these circumstances, the Chair of the
Orange County Board of Commissioners is authorized to issue a proclamation invoking
the provisions of this division applicable to a stage one water shortage. Upon the issuance
of such a proclamation by the Chair of the Orange County Board of Commissioners, the
following actions shall be taken with the goal of reducing overall water demand by ten
percent:
1. Spray irrigation of turf grass 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
14
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 6:00 p.m. and 10:00
a.m. Owners of public purpose athletic fields, recreational fields, and or public purpose
botanical sites shall not be subject to the limitations of this subsection if those facilities
are operated in compliance with an OWASA-approved Water Conservation Plan. Spray
irrigation of non-turf materials may occur up to three days per week as provided under
the year round requirements set out above.
2. Irrigation of non-turf materials or plants 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.
(c) Stage two 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. Under these
circumstances, the Chair of the Orange County Board of Commissioners is authorized to
issue a proclamation invoking the provisions of this division applicable to a stage two
water shortage. Upon the issuance of such a proclamation by the Chair of the Orange
County Board of Commissioners, the following actions shall be taken with the goal of
reducing overall water demand by 15 percent:
1. Spray irrigation of turf grass with OWASA-supplied potable water shall not be
permitted, except at public purpose athletic and recreational fields and public purpose
botanical sites operating under OWASA-approved Water Conservation Plans. Spray
irrigation of non-turf materials and plants, including plants held for sale, my occur up to
three days per week as provided under the year-round provisions set out above.
2. 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.
3. No OWASA-supplied potable water shall be used to re-fill ornamental fountains,
ponds, and like devices, provided, however, that OWASA water may be used to fill and
re-fill bird baths and other backyard-scale facilities used to support wildlife.
4. 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.
5. 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.
7. No OWASA-supplied potable water may be used for fire department training or
equipment testing unless required by state or federal regulations.
(d) Stage three 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
15
issue proclamations of water supply shortage, if not already issued. Under these
circumstances, the Chair of the Orange County Board of Commissioners is authorized to
issue a proclamation invoking the provisions of this division applicable to a stage three
water shortage. Upon the issuance of such a proclamation by the Chair of the Orange
County Board of Commissioners, the following actions shall be taken with the goal of
reducing overall water demand by 20 percent:
1. 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.
2. No OWASA-supplied potable water shall be used for irrigation of turf grass, except
for public purpose athletic and recreational fields and for public purpose botanical sites
operating under water conservation plans approved by OWASA's Executive Director or
by his/her designee.
3. No OWASA-supplied potable water shall be used for irrigating non-turf plant
material unless applied (i) via hand-held hoses or watering cans, watering bags, drip
irrigation or soaker hoses, or (ii) at public purpose recreational or botanical sites
operating under an OWASA-approved Water Conservation Plan.
4. OWASA-supplied potable water may be used to fill, re-fill, or top off swimming
pools or to fill or re-fill birdbaths and other backyard facilities used to support wildlife.
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.
5. No bulk sale of potable OWASA water will be allowed except for the wholesale
transmission f potable water to neighboring communities, or for other purposes necessary
to maintain public health, safety, or welfare.
6. No OWASA-supplied potable water may be used for washing any vehicles.
8. No OWASA-supplied potable water may be used for pressure washing building
exteriors.
(e) 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 that they issue a
proclamation of a water supply emergency. Under these circumstances, the Chair of the
Orange County Board of Commissioners is authorized to issue a proclamation invoking
the provisions of this division applicable to a water supply emergency. Upon the issuance
of such a proclamation by the Chair of the Orange County Board of Commissioners, the
following actions shall be taken in addition to those applicable measures listed above for
a stage three water shortage:
1. 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.
2. No OWASA-supplied potable water may be used to fill, re-fill or top off the water
level in any private or public purpose swimming pool. 3. No OWASA-supplied potable
water may be used for the flushing or pressure testing f new distribution lines unless the
water is returned to the OWASA water system through methods approved by OWASA.
This provision shall not apply to the testing of in-building fire control sprinkler systems.
16
4. 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 practical in consideration of
indoor air quality standards, weather conditions, and health and safety requirements.
5. 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.
6. Exceptions for Public Health and Safety. Notwithstanding any other provisions of
this Ordinance, the protection of public health, safety and welfare may under special
circumstances require the use of limited amounts of OWASA-supplied water for such
purposes as washing out garbage trucks, cleaning up hazardous or other materials. Such
uses shall be permitted during all declared Water Shortages or Emergencies, provided
that other practical alternatives are not available and water is used in the least practical
amount necessary to accomplish such purposes.
(Ord. of 6-26-2003, § V)
Sec. 36-67. Penalties and remedies.
(a) A violation of any of the provisions of this division shall constitute a misdemeanor,
punishable as provided in G.S. 14-4.
(b) A violation of any of the provisions of this division shall subject the offender to a
civil penalty of $25.00 for the first offense, $50.00 for the second offense within a 30-day
period, and $100.00 for the third or any additional offense that occurs within any 30-day
period. If a person fails to pay this penalty within ten days after being cited for a
violation, the county may seek to recover the penalty by filing a civil action in the nature
of debt.
(c) The county may seek to enforce this division through any appropriate equitable
action.
(d) Each day that a violation continues after the offender has been notified of the
violation shall constitute a separate offense.
(e) The county may seek to enforce this division by using any one or a combination of
the foregoing remedies.
(f) In addition to the foregoing penalties, OWASA may discontinue water and/or
wastewater collection service to any customer address, 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 Water Conservation Standards contained in this
ordinance.
(Ord. of 6-26-2003, § VI)
Sec.36-68. Severability.
If any section, subdivision, clause, or provision of this division shall be adjudged invalid,
such adjudication shall apply only to such section, subdivision, clause, or provision so
adjudged, and the remainder of this division shall remain fully valid and effective.
(Ord. of 6-26-2003, § VII)
17
Sec. 36-69. Effect on other laws; effective date.
(a) Effect on other laws.
(1) An ordinance providing for the conservation of water during a water shortage
restricting the use of water and water withdrawals, and allocating augmented streamflow
from reservoirs is, on the effective date of this division, suspended insofar as it relates to
water usage by OWASA customers, the water level of University Lake and any raw
water supply within Orange County used by OWASA other than the Upper Eno River.
(2) An interim ordinance providing for the year-round conservation of water and for
temporary restrictions during water shortages and emergencies related to all orange water
and sewer authority customers located in the unincorporated part of Orange County
adopted and effective June 4, 2002 is repealed and the foregoing provisions substituted in
lieu thereof.
(3) All provisions of any County ordinance in conflict with this ordinance are hereby
repealed.
(b) Effective date. This division shall become effective upon adoption. Adopted the
_th day of June, 2009.
(Ord. of 6-26-2003, § VIII)
18
ARTICLE IL WATER CONSERVATION*
*Editor's note: The tables I and II referenced in this article are not printed herein but are
on file and available in the county offices.
State law references: Declaration of water emergency, G.S. 143-354(b).
DIVISION I. GENERALLY
Sec.36-31. Restrictions.
(a) While water is flowing over the Lake Orange spillway, normal conditions will be
deemed to exist with no withdrawal or conservation restrictions to be enforced. A water
shortage shall be declared to exist with respect to Lake Orange whenever the level of
Lake Orange reaches the second of seven stages shown on table I, or whenever
emergencies develop such that citizens cannot be supplied with water to protect their
health, safety and welfare without curtailing the water demand. Conservation measures
and a limit on withdrawals shall be instituted upon reaching the alert stage and made
more restrictive through successive stages of drought in an effort to prolong the
availability of water. Each public water user must make allowance to pass below its
intake facilities the prescribed minimum flow established for its service area plus the
proportionate share of other water users' share plus instream flow need calculated for the
Eno River below Lake Ben Johnston. Water withdrawal rates for public water users and
instream flow releases shall be instituted in the amounts and per the conditions shown in
table II.
(b) A water shortage shall be deemed to exist, with respect to University Lake whenever
the level of University Lake reaches the second of the six stages shown on table I, or
whenever emergencies develop such that citizens cannot be supplied with water to protect
their health, safety and welfare without curtailing the water demand.
(c) In the event of a water shortage in either University Lake or Lake Orange, or both,
the chair of the board of commissioners is authorized, empowered and directed to issue a
public proclamation declaring to all persons the existence of such state and its severity,
and place in effect the restrictive provisions authorized in section 36-33.
(Ord. of 7-10-1986, art. 1, eff. 7-10-1986)
Sec. 36-32. Unlawful to use water contrary to provisions of this article.
(a) The streamflow requirements of the Eno River set forth in table II shall be in effect
at all times after July 10, 1986. It shall be unlawful and a violation of this article for any
water user to cause the streamflow to be reduced below five written substantiation of the
need for the exception with its request.
(b) If the chair of the board of commissioners issues any proclamation authorized by
section 36-31(c), it shall be unlawful for any person to use or permit the use of water
from the Eno River through the facilities of the Orange-Alamance Water System, Inc.,
the Town of Hillsborough, or the Orange Water and Sewer Authority (when supplied by
the Town of Hillsborough) and water from any raw water supply within the county used
19
by the Orange Water and Sewer Authority, in violation of any of the mandatory
restrictions contained in the proclamation until the chair, by public proclamation, has
declared a particular stage of the water shortage to be over and the restrictions applicable
to it no longer in effect.
(c) In light of the many benefits that can be derived by conserving water, all persons in
the county using any of the water supplies that are the subject of this article should follow
water conservation practices regardless of the time of year or whether or not a water
shortage exists. Water conservation should be followed during all phases of construction-
related activities. Water needed should be obtained from supplemental sources other than
the Eno River portion lying above the Hillsborough Waste Treatment Plant. Where water
for construction is needed from the Eno River, written permission shall be obtained from
a water providing utility. All such water shall be considered as a portion of the utility's
water allocation. A copy of the written approval shall be delivered to the county manager
immediately.
(Ord. of 7-10-1986, art. 2, eff. 7-10-1986)
Sec. 36-33. Restrictive measures in effect at each stage of a water shortage.
The severity of the water shortage shall be determined by the emergency or the level of
University Lake and Lake Orange as shown on table I.
(1) If the water level of University Lake declines to a stage II level above mean sea
level, in feet, a stage II water shortage alert shall be deemed in effect. If the water level of
Lake Orange declines to a stage II elevation of water below Lake Orange spillway, in
feet, a stage II water shortage alert shall be deemed in effect. When a water shortage alert
is in effect, the following voluntary water restrictions are imposed:
a. Use shower for bathing rather than bathtub and limit shower to no more than four
minutes.
b. Limit flushing of toilets by multiple usage.
c. Do not leave faucets running while shaving or rinsing dishes.
d. Limit use of clothes washers and dishwashers and when used, operate fully loaded.
e. Limit lawn watering to that which is necessary for plants to survive.
f. Water shrubbery the minimum required, reusing household water when possible.
g. Limit car washing to the minimum.
h. Do not wash down outside areas such as sidewalks, patios, etc.
i. Install water flow restrictive devices in shower heads.
j. Use disposable and biodegradable dishes.
k. Install water saving devices such as bricks, plastic bottles or commercial units in
toilet tanks.
1. Limit hours of operation ofwater-cooled air conditioners.
(2) If the water level of University Lake declines to a stage III level above mean sea
level, in feet, a stage III water shortage warning shall be deemed in effect. If the water
level of Lake Orange declines to a stage III elevation of water below Lake Orange
spillway, in feet, a stage III water shortage warning shall be deemed in effect; and in
addition to the restrictions heretofore imposed, the following moderate mandatory water
restrictions shall be in effect. It shall be unlawful to use water from the public water
system supplied by the Town of Hillsborough, Orange-Alamance Water System, Inc., or
the Orange Water and Sewer Authority for the following purposes:
20
a. To water lawns, grass, shrubbery, trees, flower and vegetable gardens except as
follows:
1. Customers located outside the Orange Water and Sewer Authority service area may
water lawns, grass, shrubbery, trees, flowers and vegetable gardens during Saturday or
Sunday evenings between the hours of 6:00 p.m. and 9:00 p.m.
2. Customers within the Orange Water and Sewer Authority service area located to the
south of the centerline of NC 54 West, Main Street in Carrboro, Franklin Street, and US
15/501 Boulevard may water lawns, grass, shrubbery, trees, flower and vegetable gardens
on Saturday evening between the hours of 6:00 p.m. and 9:00 p.m. Customers located to
the north of the centerline of NC 54 West, Main Street in Carrboro, Franklin Street, and
US 15/501 Boulevard may water lawns, grass, shrubbery, trees, flower and vegetable
gardens on Sunday evening between the hours of 6:00 p.m. and 9:00 p.m.
3. All such watering is to be done by hand-held hose or container or drip irrigation
system.
b. To fill newly constructed swimming and/or wading pools or refill swimming and/or
wading pools which have been drained. A minimal amount of water may be added to
maintain continued operation of pools which are in operation at the time the provisions of
a stage III warning are placed into effect.
a To operate water-cooled air conditioners or other equipment that does not recycle
cooling water, except when health and safety are adversely affected.
d. To wash automobiles, trucks, trailers, boats, airplanes or any other type of mobile
equipment, including commercial washing.
e. To wash down outside areas such as streets, driveways, service station aprons,
parking lots, office buildings, exteriors of existing or newly constructed homes or
apartments, sidewalks or patios, or to use water for other similar purposes.
f. To operate or introduce water into any ornamental fountain, pool or pond or other
structure making similar use of water.
g. To serve drinking water in restaurants, cafeterias, or other food establishment, except
upon request.
h. To use water from public or private fire hydrants for any purpose other than fire
suppression or other public emergency.
i. To use water for dust control or compaction.
j. To intentionally waste water.
(3) The owner or occupant of any land or building that receives water from Orange
Water and Sewer Authority and that also utilizes water from a well or supply other than
that of Orange Water and Sewer Authority shall post and maintain in a prominent place
thereon a sign furnished by Orange Water and Sewer Authority giving public notice to
the use of the well or other source of supply.
(4) It shall be unlawful to use water from the Eno River through the facilities of the
Town of Hillsborough, the Orange-Alamance Water System, Inc., and the Orange-
Alamance Water Corporation for the following purposes:
a. To water lawns, grass, shrubbery, trees, flower and vegetable gardens except between
the hours of 6:00 p.m. and 9:00 p.m. on Saturdays and Sundays.
b. To fill newly constructed swimming and/or wading pools or refill swimming and/or
wading pools that have been drained. A minimal amount of water may be added to
21
maintain continued operation of pools that are in operation at the time the provisions of a
stage III warning are placed into effect.
c. To operate water-cooled air conditioners or other equipment that does not recycle
cooling water, except when health and safety are adversely affected.
d. To wash automobiles, trucks, trailers, boats, airplanes or any other type of mobile
equipment, includmg commercial washing.
e. To wash down outside areas such as streets, driveways, service station aprons,
parking lots, office buildings, exteriors of existing or newly constructed homes or
apartments, sidewalks, or patios, or to use water for other similar purposes.
f. To operate or introduce water into any ornamental fountain, pool or pond or other
structure making similar use of water.
g. To serve drinking water in restaurants, cafeterias, or other food establishment, except
upon request.
h. To use water from public or private fire hydrants for any purpose other than fire
suppression or other public emergency.
i. To use water for dust control or compaction.
j. To intentionally waste water.
(5) The owner or occupant of any land or building that receives water from the Orange-
Alamance Water System, Inc., or the Town of Hillsborough and that also utilizes water
from a well or supply other than that of Orange-Alamance Water System, Inc., or the
Town of Hillsborough shall post and maintain in a prominent place thereon a sign
furnished by the county giving public notice to the use of the well or other source of
supply.
(6) If the water level of University Lake declines to a stage IV level above mean sea
level, in feet, a stage N water shortage danger shall be deemed in effect. If the water
level of Lake Orange declines to a stage IV elevation of water below Lake Orange
spillway, in feet, a stage IV water shortage danger shall be deemed in effect, and in
addition to the restrictions heretofore imposed, the following severe mandatory water
restrictions shall be in effect. It shall be unlawful to:
a. Water or sprinkle any lawn.
b. Water any vegetable garden or ornamental shrubs except during the hours of 6:00
p.m. to 9:00 p.m. on Saturday.
c. Make any nonessential use of water for commercial or public use, and the use of
single-service plates and utensils is encouraged and recommended in restaurants.
(7) If the water level of University Lake declines to a stage V level above mean sea
level, in feet, a stage V water shortage emergency shall be deemed in effect. If the water
level of Lake Orange declines to a stage V elevation of water below Lake Orange
spillway, in feet, a stage V water shortage emergency shall be deemed in effect, and in
addition to the restrictions heretofore imposed, the following stringent mandatory water
restrictions shall be in effect; and in addition to the restrictions heretofore imposed, the
following severe mandatory water restrictions shall be in effect. It shall be unlawful to:
a. Use water outside a structure for any use other than an emergency use involving fire.
b. Operate an evaporative air conditioning unit that recycles water except during the
operating hours of the business.
c. Introduce water into any swimming pool.
22
(8) If the water level of University Lake declines to a stage VI level above mean sea
level, in feet, a stage VI water shortage crisis shall be deemed in effect. If the water level
of Lake Orange declines to a stage VI elevation of water below Lake Orange spillway, in
feet, a stage VI water shortage crisis shall be deemed in effect; and a system of water
rationing shall be put in effect in addition to all previously imposed restrictions. In the
event of water rationing in which water will be supplied in the minimal quantities
required for the health, welfare and safety of the citizens in accordance with a program
determined by the county:
a. It shall be unlawful to fail to act in accordance with such rationing or use water in any
manner or attempt to evade or avoid such water rationing restrictions.
b. Fire protection will be maintained, but where possible tank trucks shall use raw water.
(Ord. of 7-10-1986, art. 3, eff. 7-10-1986)
Sec.36-34. Penalties.
Any violation of the provisions of this article shall constitute a misdemeanor, punishable
upon conviction in accordance with section 1-7, as provided by G.S. 14-4. Any such
violation may be enjoined, restrained or abated as provided by G.S. 153A-123(d) and
153A-123(e).
(Ord. of 7-10-1986, art. 4, eff. 7-10-1986)
Secs. 36-35--36-60. Reserved.
DMSION 2. YEAR ROUND CONSERVATION OF WATER AND FOR
TEMPORARY RESTRICTIONS DURING WATER SHORTAGES AND
EMERGENCIES RELATED TO ALL ORANGE WATER AND SEWER AUTHORITY
CUSTOMERS LOCATED
IN THE UNINCORPORATED PART OF ORANGE COUNTY*
*Editor's note: Ord. of 6-26-2003, § VIII, repealed the former Div. 2, §§ 36-61--36-69,
and enacted a new Div. 2 as set out herein. The former Div. 2 pertained to similar subject
matter and derived from Ord. of June 4, 2002(2), §§ I--VIII, X.
Sec.36-61. Purpose.
The purpose of this division is to:
(1) Reduce 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
23
planting practices; more efficient watering practices; and improved irrigation system
design and maintenance.
a. Increasing the use of reclaimed wastewater and stormwater for irrigation and other
uses that do not require water of potable quality.
(2) Provide an orderly process for reducing community-wide water demands during
periods of drought or other naturally occurring causes of water shortages; and
(3) Provide an orderly process for reducing community-wide water demands during
periods of water shortages due to natural disaster (other than drought), major OWASA
facilities failure, or other unexpected and sudden loss of water supply, treatment, or
distribution capacity that constitutes a water supply emergency.
(Ord. of 6-26-2003, § IA)
Sec.36-62. Definitions.
The following definitions shall apply to this division 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 predetermined 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. T'he 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.
Grawater. 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 handheld 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
24
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.
Overall Water Demand. The total water demand for any given month as projected by
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 Purpose Athletic or Recreational Field. An athletic or recreational field owned or
leased by a public or not-for-profit entity and which is (i) operated for the use of the
public pursuant to general invitation, and (ii) not operated for the purpose of profit. For
purposes of this defmition, a golf course is not considered to be a public purpose athletic
field or recreational field.
Public Purpose Botanical Site. A landscaped area which is owned or leased by a public
or not-for-profit entity in which a variety of plants are grown to be categorized and
documented for scientific purposes and/or which may also be open to the public for
entertainment and educational purposes.
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 stormwater 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. ___ _.- deleted: system, it,at
- - ---
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 nonpotable purposes as irrigation, heating/cooling, street cleaning,
dust control, firefighting, and other applications that do not require water of potable
quality.
25
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) perforationspf its _
composition.
Spray irrigation. The application of water to landscaping by means of a device, other
than ahand-held hose or watering container, 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 Conservation Plan (OWASA Approved). A written document submitted by the
owner or operator of a public purpose athletic field ,recreational field, and/or a public
purpose botanical site, and approved by OWASA's Executive Director or his/her
designee, that specifies the conservation measures and irrigation operating modes that
will be employed at those public purpose facilitie4s, and the specific practices that will be
employed to achieve Stage 1, 2, and 3 Water Shortage conservation goals enumerated in
these OWASA's Water Conservation Standards.
Water waste. The non-beneficial use of OWASA potable water. Nonbeneficial uses
include but are not restricted to:
(1) 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.
(2) 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.
(3) Water applied in sufficient quantity to cause ponding on impervious surfaces.
(4) Water lost through plumbing leaks that can be readily identified and corrected.
Watering Bag. A contained used to hold and slowly dispense water around the base of a
tree or shrub. These are commonly called "Gators."
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.
(Ord. of 6-26-2003, § IB)
-' D21EtEd: performations or through the
rmeable material
Sec. 36-63. Water waste prohibited.
26
No person, party, or entity shall use, cause, waste, or permit to be wasted any OWASA-
supplied potable water, in violation of the provisions of this division.
(Ord. of 6-26-2003, § II)
Sec. 36-64. Year round requirements.
(a) 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 6:00 p.m. and,10:00 a.m. These restrictions shall not apply to properties using__ _ _.,--- Deleted: s
underground, drip irrigation, micro spray, low precipitationpubblers, soaker hoses hand -- Deleted: 9
watering, tree or shrub watering bags, or where watering of containerized plants and ~~ Deleted: bnbmers,
commercial plant stock in trade is maintained for resale.
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.
f. Outdoor water leaks on property or facilities of OWASA customers must be repaired
within ten days of discovery and notification by OWASA.
g. Owners of public purpose athletic fields, recreational fields, and/or public botanical
sites shall not be subject to the year-round limitations set out above if those facilities are
operated in compliance with an OWASA-approved Water Conservation Plan that
specifies the measures and modes to be employed at that facility year-round and during
successive stages of a declared water shortage.
(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
foregoing year-round requirements of subsections (a)(1)a.b. above shall not apply to the
following:
a. Outdoor irrigation necessary for the establishment of newly sodded lawns and
landscaping within the first 45 days of planting, or watering of newl~_ seeded turf within ____ Deleted: so
27
the first six months of planting, provided such watering must take place between the
hours of 6:00 pm and 10:00 ark ______
--------- - - ---------------------------------------------
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 when alternate methods are not
available.
d. Visually supervised operation of watering systems for short periods of time to check
system condition and effectiveness.
e. Water applied to protect public health or prevent or abate health, safety, or accident
hazards when alternate methods are not available, including washing out garbage trucks,
cleaning up hazardous or unsanitary materials, provided such use is in the least quantity
needed to accomplish the taskt_
--
f. Water used for construction or maintenance activities where the application of water
is the appropriate methodology and where no other practical alternative exists.
g. Water used for firefighting, firefighter training, fire hose testing, fire pumper testing,
and other emergency situation mitigation purposes.
(b) 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. Hotels, motels, and other facilities providing sleeping accommodations shall change
bed linens only upon request of the customer, or upon customer changeover, or every five
days for long-term customers.
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 days of discovery and notification by OWASA.
(2) Unless superseded by the declaration of a water supply shortage or emergency, the
year-round requirements of subsection (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 when alternate
methods are not available.
c. Water used for construction or maintenance activities where the application of water
is the appropriate methodology and where no other practical alternative exists.
(3) OWASA shall periodically publicize and otherwise educate its customers on
additional methods to conserve the interior use of water.
(Ord. of 6-26-2003, § III)
ueleted:.
_--- deleted:.
Sec. 36-65. Determination of a water supply shortage or emergency.
28
(a) 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.
(b) Water treatment, storage, or distribution capacity shortage. In addition to
conditions caused by drought, OWASA may declare a water supply shortage or
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 supply shortage or 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.
(c) Natural and manmade disasters and catastrophic equipment and 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 supply shortage up to and
including a water supply emergency, requiring immediate action by OWASA.
(Ord. of 6-26-2003, § IV)
Sec. 36-66. Required actions under water supply shortage or emergency conditions.
In the event of a water supply shortage, OWASA shall, using its best professional
judgment, determine which of the following stages is the most appropriate response to the
estimated level of risk.
(a) ~_ In the event of a water supply shortage, OWASA shall using its best professional
judgment, determine which of the following stages is the most appropriate response to the
estimatede level of risk considering the factors set out in subsections (a) and (b) of 36-65,
above.
(b) Stage one 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 water supply shortage. Under these circumstances, the Chair of the
Orange County Board of Commissioners is authorized to issue a proclamation invoking
the provisions of this division applicable to a stage one water shortage. Upon the issuance
of such a proclamation by the Chair of the Orange County Board of Commissioners, the
following actions shall be taken with the goal of reducing overall water demand by ten
percent:
~ . _ Spray irrigation of turf grass 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
DCIC'1tEd: Water supply advisory. A
water supply advisory shall represent an
alert to the public of a potential shortage
and notification that water use restrictions
maybe imposed if the water supply
and/or demand conditions do not improve
in the neaz future. In the event of a
declazed water supply advisory: ¶
1. No mandatory water use restrictions
other than yeaz-round requirements
already in place will be implemented.¶
2. 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.¶
3. OWASA shall inform the Mayors of
Carrboro and Chapel Hill and the Chair
of the Orange County Boazd of
Commissioners of its declazation of a
water supply advisory.
Deleted: 1. Water use by individually
metered residential customer accounts
and by individually metered imgation-
only accounts shall be limited to no more
than an average of 1,000 gallons per day
during any monthly billing cycle
beginning afrer the declazation of a water
supply shortage or water supply
emergency and ending while such
restrictions are still in effect.¶
2
29
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 6;00 p.m. ands 0:00 __ ____,- Deleted: g
a.m. Owners of public purpose athletic fields, recreational fields, and or public purpose - Deleted: 9
botanical sites shall not be subject to the limitations of this subsection if those facilities
are operated in compliance with an OWASA-approved Water Conservation Plan. Spray
irrigation of non-turf materials may occur up to three days per week as provided under
the year round requirements set out above. _ -- Deleted: These restrictions shall not
Irr> anon of non turf materials or ]ants b under ound dri irri anon micros ra apply to the watering of containerized
---- g ---- ------------- - ---p ------y ----- ~ ----' p- --~ ------' --- -p- y' Plantsanaoommeroialplaatstockin
low precipitation bubblers, soaker hose systems with automatic shutoffs, or by hand held ~~ trade.
hoses or watering cans may occur at any time or frequency. ~c)_ _ Stage two water _ ~' Deleted: 3
shortage. In the event that OWASA declares a stage two water shortage, OWASA shall ~ ` ~ De~~; ,but shall be limited to a
advise the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County maximum of one-half inch of water
Board of Commissioners of its declaration and shall request that they issue proclamations applied to plant material in any given
'• week.¶
of water supply shortage, if not already issued. Under these circumstances, the Chair of ~~ Deletes: a. No owASA-supplied
the Orange County Board of Commissioners is authorized to issue a proclamation potable water may be used to re-fill
invoking the provisions of this division applicable to a stage two water shortage. Upon ornamental fountains, ponds, and like
devices.¶
the issuance of such a proclamation by the Chair of the Orange County Board of 5. No OWASA-supplied potable water
Commissioners, the following actions shall be taken with the goal of reducing overall may be used for the routine cleaning or
washing of paved areas, such as
water demand by 15 percent: sidewalks, decks, driveways, roadways,
or parking lots. Tlus restriction shall not
~- - - - --- ----- ------ ----- ----- ----- ------- - apply to the pressure cleaning ofexterior
)r _ Spray irrigation of turf grass with OWASA-supplied_potable water shall not be `~,, building snrfaces.Q
permitted, except at public purpose athletic and recreational fields and public purpose ~~' Deleted: i. water rise by indiviauauy
botanical sites operating under OWASA-approved Water Conservation Plans. Spray_ __ _ ` meterearesiaentialenstomeraceounts
~ - - - and by individually metered itrigation-
irrigation of non-turf materials and plants, including plants held for sale, my occur up to only accounts shall be limited to no more
three days per week as provided under the year-round provisions set out above. than an average of goo gallons per say
• during an month] billing cycle
2v _ Irrigation by underground, drip_ u-rigation, micro spray, low precipitation bubblers `, ', be ~ m yafter the declaration of a water
---' - !~ g
soaker hose systems with automatic shutoffs, or by hand held hoses or watering cans supply shortage or water supply
emergency and ending while such
shall be limited to a maximum of one-half inch of water applied to plant material in any ', `,, restrictions are still in effect.
given week. Deletes: z
3~ No OWASA-supplied potable water shall be used to re-fill ornamental fountains, _ _, •, 'Deleted; by persons regulazly engaged
ponds, and like devices, provided, however, that O WASH water may be used to fill and ;n the sale of plants, who shall be allowed
ga
re-fill bird baths and other backyard-scale facilities used to support wildlife '~. '~, to irri to their commercial stock in trade.
----- ----- - Deleted:3
4,, 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 ~ De1~~ a
recycled. ~' Deleted:.
5 ~No OWASA-supplied potable water shall be used for the routin_ a cleaning or _ _ ~' Deleted: s
washing of exterior building surfaces, decks, or paved areas, such as sidewalks, ~ ~1~; 6
driveways, roadways, and parking lots. This restriction shall not apply to the pressure ~` ~1~; No owASA-snpphed potable
cleaning of exterior building surfaces or decks prior to painting or re-painting that is water shall be used for filling or re-filling
empty swimming pools. OWASA-
necessary to protect or maintain the physical integrity of the structure. ,, snpphea potable water may be nsed co top
7,, No OWASA-supplied potable water mad be_ used for fire department_training or _ _ _ off operating swimming pools.Q
equipment testing unless required by state or federal regulations. ~ Deleted: ~.
(d) Stage three water shortage. In the event that OWASA declares a stage three water ~~' Deleted: s
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
30
issue proclamations of water supply shortage, if not already issued. Under these
circumstances, the Chair of the Orange County Board of Commissioners is authorized to
issue a proclamation invoking the provisions of this division applicable to a stage three
water shortage. Upon the issuance of such a proclamation by the Chair of the Orange
County Board of Commissioners, the following actions shall be taken with the goal of
reducing overall water demand by 20 percent:
~ --- ---- ---- -- --- - - ----- ---- ------ --
--------------------
T e use of OWASA-su lied otable water for heatlri and/or cooliri oses shall
---- --- --- - ---- - pp
p
~
~
p~ ..".- Deleted: 1. Water use by individually
-
metered residential customer accounts
-
----- --- ----
----- - --
-
--- ----
be reduced in all but the most essential facilities to the extent allowable in consideration and byindividuall metered irrigation-
Y
only accounts shall be limited to no more
of indoor air quality standards, weather conditions, and health and safety requirements. ~" an average of 60o gallons per say
'
2`. No OWASA-supplied potable water shall be used_ for irrigation of turf_grass, except , during any monthly billing cycle
',, beginning after the declaration of a water
__
for public purpose athletic and recreational fields and for public purpose botanical sites supply shortage or water supply
operating under water conservation plans approved by O WASA's Executive Director Or emergency and ending while such
~, restdotions are still in effect.
by his/her designeet____ `,~ ' Deleted: z
3,, _No OWASA-supplied potable water shall be used_for irrigating non-turfplant '~., 'Deleted: 3
__ _____
material unless applied (i) via hand-held hoses or watering cans, watering bags, drip '~ D
l
t
d
irrigation or soaker hoses, or (ii) at public purpose recreational or botanical sites e
e
e
; No irrigation with OWASA-
supplied potable water shall be permitted,
operating under an OWASA-approved Water Conservation Plan. except via Nana hela h°ses nr watering
4. WASA-supplied potable water may be used to fill, re-fill, or top off swimming pools cans. Such irrigation shall not occur more
chart three days each week, according to
or to fill or re-fill birdbaths and other backyard facilities used to support wildlife. the seheaule prescribes in subsection s6-
OWASA-supplied potable water may not be used for any other outdoor purposes, except 64(ax I)a. of these standards; shall be
applied to nonturf plant material only;
for emergency fire suppression or other activities necessary to maintain public health and shall be limited to a maximum of
~
,
safety, or welfare. , one-half inch of water per week.
'
5~ No bulk sale of potable
OWASA water will be allowed except#'or the
wholesale Deleted: a
_
_
- - --- --------- ------- -- - -- ------
transmission f potable water to neighboring communities, or for other purposes necessary ~- Deleted: 5
~
to maintain public health, safety, or welfare. Deleted: f°r
f,__No OWASA-supplied potable water mad be used for washing any_vehicles.__ ..._- Deleted: 6
_______
$,__No OWASA-supplied potable water may_be_used for pressure washing building _____ _
__._,- Deleted: ~
exteriors.
~(e)__ 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 that they issue a
proclamation of a water supply emergency. Under these circumstances, the Chair of the
Orange County Board of Commissioners is authorized to issue a proclamation invoking
the provisions of this division applicable to a water supply emergency. Upon the issuance
of such a proclamation by the Chair of the Orange County Board of Commissioners, the
following actions shall betaken in addition to those applicable measures listed above for
a stage three water shortage:
1. 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.
2. No OWASA-supplied potable water may be used to fill, re-fill or top off the water
level in any private or public purpose swimming pool.. No OWASA-supplied potable _ ,..
water may be used for the flushing or pressure testing f new distribution lines unless the
water is returned to the WASA water system through methods approved by OWASA.
This provision shall not apply to the testing of in-building fire control sprinkler systems.
Deleted: 8. 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.¶
Deleted: 9. No OWASA-supplied
potable water shall be used for filling or
re-filling empty swimming pools or for
topping off operating swimming pools.¶
10. No OWASA-supplied potable water
may be used for fire department training
or equipment testing.¶
Deleted: 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.¶
31
4. The use f WASA-supplied potable water for heating and/or cooling purposes shall be
reduced in all but the most essential facilities to the extent practical in consideration of
indoor air quality standards, weather conditions, and health and safety requirements.
S~,Water_service may be discontinued or reduced to designated users or in designated __ _ ,..- - ~eieted: s
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.
6. Exceptions for Public Health and Safety. Notwithstanding any other provisions of
this Ordinance, the protection of public health, safety and welfare may under special
circumstances require the use of limited amounts of OWASA-supplied water for such
purposes as washing out garbage trucks, cleaning up hazardous or other materials. Such
uses shall be permitted during all declared Water Shortages or Emergencies, provided
that other practical alternatives are not available and water is used in the least practical
amount necessary to accomplish such purposes.
(~od._of6-26-2003,_§ V) ________
Sec. 36-67. Penalties and remedies.
(a) A violation of any of the provisions of this division shall constitute a misdemeanor,
punishable as provided in G.S. 14-4.
(b) A violation of any of the provisions of this division shall subject the offender to a
civil penalty of $25.00 for the first offense, $50.00 for the second offense within a 30-day
period, and $100.00 for the third or any additional offense that occurs within any 30-day
period. If a person fails to pay this penalty within ten days after being cited for a
violation, the county may seek to recover the penalty by filing a civil action in the nature
of debt.
(c) The county may seek to enforce this division through any appropriate equitable
action.
(d) Each day that a violation continues after the offender has been notified of the
violation shall constitute a separate offense.
(e) The county may seek to enforce this division by using any one or a combination of
the foregoing remedies.
(f) In addition to the foregoing penalties, OWASA may discontinue water and/or
wastewater collection service to any customer address, 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 Water Conservation Standards contained in this
ordinance.
(Ord. of 6-26-2003, § VI)
Sec.36-68. Severability.
If any section, subdivision, clause, or provision of this division shall be adjudged invalid,
such adjudication shall apply only to such section, subdivision, clause, or provision so
adjudged, and the remainder of this division shall remain fully valid and effective.
(Ord. of 6-26-2003, § VII)
-- Deleted: Ord
32
Sec. 36-69. Effect on other laws; effective date.
(a) Effect on other laws.
(1) An ordinance providing for the conservation of water during a water shortage
restricting the use of water and water withdrawals, and allocating augmented streamflow
from reservoirs is, on the effective date of this division, suspended insofar as it relates to
water usage by OWASA customers, the water level of University Lake and any raw
water supply within Orange County used by OWASA other than the Upper Eno River.
(2) An interim ordinance providing for the year-round conservation of water and for
temporary restrictions during water shortages and emergencies related to all orange water
and sewer authority customers located in the unincorporated part of Orange County
adopted and effective June 4, 2002 is repealed and the foregoing provisions substituted in
lieu thereof.
(3) All provisions of any County ordinance in conflict with this ordinance are hereby
repealed.
(b) Effective date. This division shall become effective upon adoption. Adopted the
~h day_of June,_2009,
---------------------------------
(Ord. of 6-26-2003, § VIII)
. - Deleted: 26
Deleted: 3