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ORD-2009-028- Water Conservation Standards Orange Co Water Ord Affecting OWASA Service Area
~- s- ~o©~ ~~~, e~ ~' ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 5, 2009 Action Agenda Item No. ~- SUBJECT: Adoption/Incorporation of OWASA's Proposed Revisions to its Water Conservation Standards in the Section of Orange County's Water Conservation Ordinance Affecting the OWASA Service Area DEPARTMENT: County Manager ~ PUBLIC HEARING: (Y/N) No ATTACHMENT(S): OWASA Letter to Chair OWASA Board of Directors' Resolution Proposed Water Conservation Standards Statement of Background, Principles, Revision Highlights and Summary of Revisions to OWASA's Proposed Ordinance Revisions INFORMATION CONTACT: County Engineer ext 2303 Pat Davis, Utility Manager Generalist, OWASA 919-537-4210 PURPOSE: To provide for the Board's review and adoption a resolution effectively revising the portion of the County's Water Conservation Ordinance that applies to OWASA utility customers. BACKGROUND: Orange County's Water Conservation Ordinance contains a section of standards applicable only to OWASA, the County 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. The proposed 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; • The high "cut-ofP' limits on monthly water use has have been eliminated due to the confusion caused to OWASA customers and to the fact that OWASA's 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 hose, hand watering and other non-spray irrigation methods have been eliminated except during a Water Supply Emergency when all irrigation is prohibited; and • 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 arior 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 during a Water Supply Emergency (when water must be recaptured and returned to OWASA's system). FINANCIAL IMPACT: There are no financial impacts to Orange County government RECOMMENDATION(S): The Manager recommends that the Board approve the revisions to the County's Water Conservation Ordinance and direct staff to incorporate those changes into the ordinance. 3 owns Apri17, 2009 ORANGE WATER AND SEWER AiITHORITY Valerie Foushee, Chair Board of Commissioriers Orange County Post Office Box 8181 Hillsborough, NC 27278 Mark Chilton, Mayor Town of Carrboro 301 West Main Street Carrboro, NC 27510 Qaality Service Since 1977 Kevin Foy, Mayor Town of Chapel Hill 405 Martin Luther King Jr. Blvd. Chapel Hill, NC 27514 SUBJECT: REQUEST FOR REVISIONS IN LOCAL WATER CONSERVATION ORDINANCES TO REFLECT CHANGES IN OWASA'S WATER CONSERVATION STANDARDS Dear Chair Foushee, Mayor Chilton and Mayor Foy: On behalf of the OWASA Board of Directors, I am writing to request that your governing boards revise your respective water conservation ordinances to incorporate changes in OWASA's Water Conservation Standards (Standards) that were approved by the OWASA Board of Directors on March 26, 2009. To enable the new Standards to be in place and publicized before we enter the typical hot and dry season of the year, we~respectfully request your approval of revised ordinances this spring. The Board of Directors' resolution of approval and the revised Standards are attached, alolig with an overview of the key changes and'a summary table showing the applicable requirements for each Water Shortage stage. As noted in the resolution, the Standards will go into effect when . your three governing boards have approved revisions to the local conservation ordinances. The local conservation ordinances are a cornerstone of our community's water shortage response strategy. Your coordinated approval and implementation of consistent conservation _ordinances throughout our service area has been a key to the success of our drought response and conservation efforts. The changes to the Standards incorporate many of the comments received from the local governments, business commulvty and our customers during and after the 2007-200$ drought. The Board of Directors approved the Standards following the discussions with local elected officials on February 25, 2009 and with the Carrboro Board of Aldermen on March 10, 2009. Based on those meetugs, as well as the public comments received over the past several months, we believe there is broad support for the new Standards. As discussed at the February 25s' and March. 10'h meetings, the new Standards retain some basic, essential conservation requirements, while also giving our customers more flexibility in deciding how to use drinking water under normal conditions and during water shortages such as droughts. The Standards are reinforced by our conservation rate structure and our system of water rate surcharges that are implemented during declared water shortages 400 Jones Ferry Road ~ Equal Opporrunitr F.mplo~~er Voice (919) 968-4421 Carrboro, NC 27510-0366 Printed on Reryded Paper FAX (919) 968-44-64 x~+~v.orrusa.org 4 Request for Revisions to Local Water Conservation Ordinances Apri17, 2009 Page 2 E,d Kerwin will fallow-up with your respective managers to provide any additional information and assistance necessary as you consider this request. Thank you very much for your assistance and commitment to sustainable management of our community's essential water resources. Best regards~,~-~ Randy Kabrick, P.E., Chair Orange Water and Sewer Authority Enclosures c: Ms. Laura Blackmon, Orange County Manager (w/encs.) Mr. Roger L. Stancil, Chapel Hill Town Manager (w/encl.) Mr. Steven Stewart, Carrboro Town Manager (w/encs.) OVITASA Board of Directors (w/encl.) F.d Kerwin, Executive Director s ~~ RESOLUTION APPROVING REVISED WATER CONSERVATION STANDARDS AND REQUESTING THE CARR1aOR0 BOARD OF ALDERMEN, CHAPEL HILL TOWN COUNCIL, AND ORANGE COUNTY BOARD OF COMMISSIONERS TO REVISE THEIR CONSERVATION ORDINANCES TO INCORPORATE SAID STANDARDS. WHEREAS, OWASA has established V4`ater Conservation Standards that are applicable to the use of water by OWASA customers throughout the year and during declared droughts and other waxer shortage conditions; and WHEREAS, the Carrboro Board of Aldermen, Chapel Hill To«~n Council, and Orange County Board of Conunissioners have adopted local waxer conservation ordinances that are consistent with OWA.SA's Water Conservation Standards; and WHEREAS, fallowing the exceptional draught of 2007--2008, and after receiving and considering comments from the public and local governments, OWASA has developed proposed revisions to the Water Conservation Standards; and WHEREAS, there has been strong public support for the proposed revisions to OVa'ASA's Water Conservation Standards: NOW THEREFORE, BE IT RESOLVED TIiAT THE BOARD OF DIRECTORS OF ORANGE WATER AND SEWER AUTHORITY: 1. Approves revised Water Conservation Standards dated March 26, 2009_ a copy of which is attached io this Resolution. 2. Respectfully requests that the Carrboro Board of Aldermen, Chapel Hill Totem Council, and Orange County Board of Commissioners amend their respective local v~~ater conservation ordinances to incorporate the revised Water Conservation Standards. 3. Declares that the revised Water Conservation Standards wilt become effective an the date on which the last local governing board approves its revised water conservation ordinance incorporating said Standards: Adopted this the 26th day of March 2409 G on M rklein, Vice Chair Secretary 6 Orange Water and Sewer Authority Water Conservation Standards (Approved 1Vlarch 26, 2009) Article I -Purpose and Definitions L A. Purpose These Water Conservation Standards are enacted by the Orange Water and Sewer Authority (OWASA) for the purposes of: 1. Reducing the rate of increase in overall water use through year-round water conservation practices that will help maximize the community's existing and planned ,water supply sources and help reduce seasonal peak day demands that result in the need for costly expansion of water treatment, storage, and transmission facilities. Such year-round pnactices 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 non-potable water, as pennitted by appropriate public health regulations, for irrigation and other uses that do not require water of potable quality. 2. Providing an orderly process for reducing community-wide water demands during periods of drought or other naturally occurring causes of.vrater shortages. 3. Providing 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. L B. Definitions For the purpose of these Standards, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AUTOMATIC CONTROLLER A mechanical or electronic device capable of operating an irrigation system and its component valve stations according to apre-determined schedule of irrigation frequency and duration. 7 OWASA Water Cot~sen=anon Standards March 26, 2009 Page 2 of 12 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. GRA.YWATER Wastewater removed from household wash basins, bathtubs, or showers. ~ Graywater may only be reused in accordance with practices approved by applicable regulatory agencies. HAND WATERING. The application of water for irrigation purposes through a hand- held hose or watering container. HARVESTED WATER. Precipitation or irrigation runoff. collected, stored and available for reuse for. irrigation purposes. IRRIGATION SYSTEM. Any permanently installed system of pipes, hoses, or other conveyance devices and appurtenances that provides water to living plant material through spray heads or other emission devices located at, above, or below the ground surface. For the purposes of these Standards, a sprinkler, soaker hose, or other device connected to its water source via a moveable above-ground garden hose is not considered to be an imgation system. LANDSCAPE AREA. That portion of a parcel that contains turf or non-turf vegetation. LOW-PRECIPITATION BUBBLER An irrigation head which typically operates within six inches of ground level and delivers water at a rate of less than 0.45 gallons per minute within a radius of less than two feet of the head. Low-precipitation bubblers are typically used for irrigating non-turf vegetation. MICRO SPRAY. The application of irrigation water through small, low volume sprayer heads in order to minimize runoff losses. Micro sprays are typically used for irrigating non-turf vegetation. Individual micro spray heads typically operate less than 12 inches above ground level and typically deliver water in the range of 0.10 to 0.50 gallons per minute within a radius of five feet or less of the head. MULCH. A protective covering of organic material, such as sawdust, wood chips, compost, or other vegetative matter, spread on the ground to reduce evaporation and increase water retention. 8 OWASA Water Conservation Standards March 26, 2D09 Page 3 of 12 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 druiking, 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 warning of the water for dishwashing, other washing, shav'uig, 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 (a) operated for the use of the public pursuant to general invitation, and (b) 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-r~vay shall include curbs, streets, sidewallcs, and storm water drainage inlets, but shall not include adjacent landscaped areas that also may 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. RECr.ATnnFn WATER. Highly treated effluent from a wastewater treatment plant that can. be safely used for non-potable purposes approved by applicable regulatory agencies. 9 OWASA Water Conservation Standards March 26, 2009 Page ~ of 12 RUNOFF. Water that is not absorbed. by the soil or landscape to which it is applied. Runoff occurs when water is applied too quickly (application rate exceeds infiltration rate), particularly if there is a severe slope. These Standards do not apply to stormwater runoff. which is created by natural precipitation rather than human-caused or applied water use. SERVICE AREA. The geographic area in which OWASA provides or is authorized to provide water and/or sewer service. SHUT-OFF NOZZLE. A device attached to the end of a hose that completely shuts off the flow, even if left unattended SOAKER HOSE. A flexible hose designed to emit a trickle of water along its entire length, either through numerous small-diameter (less than 1/32-inch) perforations or through the permeable material of its composition. SPRAY IRRIGATION. The application of water to landscaping by means of a device, 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. UNDERGROCTND 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 atliletic 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 triodes that will be employed year-round at those public purpose facilities and the specific .practices that will be employed to achieve Stage 1, 2, and 3 Water Shortage conservation goals enumerated in these Standards. WATER WASTE. The non-beneficial use of OWASA potable water. Non-beneficial uses include but are not restricted to: a. Landscape water applied in such a manner, rate and/or quantity that it overflows the landscaped area being watered and runs onto adjacent property or public right-of--way; or landscape water applied during periods of rainfall or when soil moisture is already adequate. b. The use of water for washing vehicles, equipment, or hard surfaces, such as parking lots, aprons, pads, and driveways in such quantities to flow onto adjacent property or the public right-of--way. 10 OWASA Water Conservation Standards March 26, 2009 Page S of 12 c. Water applied in sufficient quantity to cause ponding on impervious suifaces. ' d. Water lost through plumbing leaks that can be readily identified and corrected. WATERING BAG. A container used to hold and slowly dispense water around the base of a tree or shrub. These are commonly called "Gators: ' XERISCAFING. 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. Article II -Water Waste Prohibited, Penalties for Violating Standards II. A. Water Waste Prohibited No person, party, or entity shall use, cause, waste, or permit to be wasted any OWASA-supplied potable water in violation of the Standards set out herein. D. B. Penalties OWA5A may discontinue water service to any customer where, after notice of a prohibited use is delivered to the service address, OWASA-supplied potable water continues to' be used or wasted in violation of the Water Conservation Standards set out herein. Article III -Year-Round Requirements, Policy and Practice III. 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 imgation shall occur only between the hours of 6:00 p.m. and l 0:00 a.m., and shall apply no more than one inch of water in any given week. 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. 1~ 1 4WASA Water Conservation Standards March 26, 2009 Page 6 of 12 b. 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. c. All hoses used for hand watering, vehicle washing, or other allowable outdoor uses shall be equipped with shutoffnozzles. d. 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. e. Outdoor water leaks on property or facilities of OWASA customers shall be repaired within ten (10) days of discovery by the customer and/or notification by OWASA. 2. Owners of public purpose athletic fields, recreational fields, and/or public purpose botanical sites shall not be subject to the year-round limitations of III.A.I.a-e if those facilities are operated incompliance with an OWASA-approved Water Conservation Plan that specifies the conservation measures and irrigation operating modes to be employed at that facility year-round and during successive stages of a declared water shortage. 3. Unless superseded by the declaration of a Water Supply Shortage or Emergency, the year-round requirements of III.A.I .a and III.A. l.b above shall not apply to the following: a. Outdoor irrigation necessary for the establishment of newly sodded or seeded lawns and for the establishment of new non-turf plant materials within the first 45 days of planting, provided that such imgation occurs.only between the hours of 6:00 p.m, and 10:00 a:m. ~ . 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 ~ new landscape, provided that such irrigation occurs only between the hours of 6:00 p.m. and 10:00 a.m. 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 used for construction or maintenance activities where the .application of water is the appropriate methodology and where no other practical alternative exists. 12 OWASA Water Conservation Standards March 26, 2009 Page 7 of 12 f. Water used for firefighting, firefighter traming, fire hose testing, fire pumper testing, and other emergency situation mitigation purposes. g. For situations in which there is no practical alternative, OWASA-supplied potable water may be used for other special purposes, such as washing out garbage trucks, cleaning up hazardous or unsanitary materials, etc., or for other purposes necessary to protect public health, safety, and welfare -provided that such water is used in the least quantity needed to accomplish the task. IIL 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 upon 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. Indoor water leaks on property or facilities of OWASA customers shall be repaired within ten (10) days of discovery by the customer and/or notification by OWASA. 2. Unless superseded by the declaration of a Water Supply Shortage or Emergency, the year-round requirements of III.B.I .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 used for construction or maintenance activities where the use of water is the appropriate methodology and where no other practical alternative exists. III. C. Year-Round Policy and Practice 1. It shall be OWASA's policy and practice to publicize periodically water conservation methods, including but not limited to, methods of conserving water both indoors and outdoors; methods of collecting and storing harvested water in appropriate devices, such as rain barrels and cisterns; as well as information about the availability, feasibility and allowable uses of reclaimed water from OWASA. It shall be OWASA's policy to strongly encourage and promote the following voluntary conservation measures year- round, regardless of water supply conditions: 13 OWASA Water Cwaservation Standards March 26, 2009 Page 8 of 12 a. Operate dishwashers and clothes washers only when loaded to their maximum capacity or at water level settings appropriate for the size of the load. b. Where not otherwise required, install ultra-low flow toilets, tank dams, flow restrictors (aerators) and low-flow showerheads. c. Repair and maintain plumbing systems to prevent water leaks. d. Use harvested rainwater and/or reclaimed water. for indoor and outdoor purposes where allowable and practical. Article N -Determination of a Water Supply Shortage or Emergency IV. A. Drought Condition~Shortage OWASA's drought response strategy and Water Supply Shortage declarations will be guided primarily by the risk that OWASA's water supplies will decline to 20 percent or less of total storage capacity within the next 12-month period. A Stage One Water Shortage declaration will generally correspond to a two percent (or greater) risk that reservoir levels will decline to 20 percent or less of total storage capacity within the next 12 months; provided, however, that in noaldng such a determination, OWASA will also consider the actual and projected severity of the ongoing drought relative to historical droughts included in OWASA's water supply simulation models; existing and anticipated demand, including. expected customer response to water use restrictions; availability of supplemental supplies, including water purchases from neighboring communities; regional water supply conditions, including, but not limited to, the concurrent drought response status of neighboring jurisdictions; guidance or directives from the State of North Carolina; and other elements of reasonable professional judgment and management. More severe Water Supply Shortage Stages will subsequently be declared if the risk level increases and/or if other factors indicate that further action is needed. Similarly, OWASA will reduce the severity of, or rescind, a Water Supply Shortage declaration as the risk level and related factors improve. N. 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 -exceeds 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. 14 OWASA Water Conservation Standm~ds March 26, 2009 Page 9 of 12 lV. C. Disasters and Catastrophic Equipment or 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. . Article V -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 considering factors in IV.A above. V. A. Stage Oue~(1) Water Shortage In the event that OWASA declares a Stage One Water Shortage, OWASA shall advise the Mayors of Canboro and Chapel Hill and the Chair of the Orange County Board of Commissioners of its declaration and shall request that they issue Proclamations of a Stage One Water Supply Shortage. Upon OWASA's declarafion of a Stage One Water Shortage, the following actions shall be taken with the goal of reducing overall water demand by ten (l0) 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 material in any given week. Odd-numbered properties shall be allowed to -spray irrigate only on Tuesdays; even numbered properties shall be allowed to spray irrigate only on Thursdays. Spray irrigation of turf grass 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 V.A.I if those facilities are operated in compliance with an OWASA-approved Water Conservation Plan. 2. Spray irrigation of non-turf plant materials may occur up to three days per week as provided under the year-round requirements specified in Section Ill.A.l.a. 3. Irrigation of non-turf plant materials 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. Notwithstanding the restrictions specified in Sections V.A.1 through V.A.3, the protection of public health, safety, and welfare may, under special circumstances, require the use of limited amounts of OWASA-supplied potable water for such purposes as washing out garbage trucks, cleaning up hazardous or other materials. Such uses shall be permitted during declared Water 15 OWf1SA Water Conservation Standardr March 26, 2009 Page 10 of 12 Shortages or Emergencies, provided that other practical alternatives are not available and water is used in the least practical amount. V. S. Stage Two (2) Water Shortage In the event that OWASA declares a Stage Two Water Shortage, OWASA shall advise the Mayors of Carrboro and Chapel Hill and the Chair of. the Orange County Board of Commissioners of its declaration and shall request that they issue Proclamations of a Stage Two Water Supply Shortage, if not already issued. Upon OWASA's declaration of a Stage Two Water Shortage, the following actions shall be taken with the goal of reducing overall water demand by fifteen (l5) 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 OW:4SA-approved Water Conservation Plans. 2. Spray irrigation of non-turf plant materials shall not occur more than one day per week according to the schedule specified in Section V.fi,..l and in quantities of no more than %z inch per week, except at public purpose botanical sites operating under OWASA- approved Water Conservation Plans. 3. Irrigation of non-turf plant material by underground, drip irrigation, micro spray, low precipitation bubblers, soaker hose systems with automatic shutoffs, tree or shrub watering bags, or by hand held hoses or watering cans may occur at any time or frequency. 4. 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. 5. 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 either been recycled, is from anon- potable source, or is supplied by a well. 6. No OWASA-supplied potable water shall be used for cleaning or washing exterior building surfaces, decks; or paved areas, such as sidewalks, driveways, roadways, and pazking lots. This restriction shall not apply to the cleaning of exterior building surfaces or decks prior to painting or re-painting. 7. No OWASA-supplied potable water shall be used for fire department training or equipment testing unless required bX State or Federal regulations. Notwithstanding the restrictions specified in Sections V.B.I through V.B.7, the protection of public health, safety, and welfaze may, under special circumstances, require the lase of limited. amounts of OWASA-supplied potable water for such purposes as washing out garbage trucks, cleaning up hazardous or other materials. Such uses shall be permitted during declared Water 16 OWASA Water Conservation Standards March 26, 2009 Page I 1 of 12 . Shortages or Emergencies, provided that other practical alternatives are not available and water is used in the least practical amount. V. C. Stage Three (3) Water Shortage In the event that. OWASA declares a Stage Three Water Shortage, OWASA shall advise the Mayors of Carrboro and Chapel Hill and the Chair of the Orange Courity Board of. Commissioners of its declaration and shall request that they issue Proclamations of a Stage Three Water .Supply Shortage, if not already issued. Upon OWASA's declaration of a Stage Three Water Shortage, the following actions shall be taken with the goal of reducing overall water demand by twenty (20) percent: l . 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. 2. No OWASA-supplied potable water shall be used for irrigation of turf grass, except for public purpose athletic and/or recreational fields and public purpose botanical sites operating under water conservation plans that have been approved by OWASA's Executive Director or by his/her designee. No OWASA-supplied potable water shall be used for irrigating non-turf plant material unless applied (a) via hand held hoses or watering cans, watering bags, drip irrigation or soaker hoses, or (b) at public purpose botanical sites operating under OWASA-approved Water Conservation Plans. 4. OWASA-supplied potable water may be used to fill, re-fill, or top off swimming pools, or to fill or re-fill bird baths and other backyard-scale facilities used to support wildlife. OWASA supplied potable water shall not be used for any other outdoor purposes, except for emergency fire suppression or other activities necessary to maintain public health, safety, or welfare. No bulk sale of potable OWASA water shall occur except for the wholesale transmission of potable OWASA 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. 7. No OWASA-supplied potable water maybe used for pressure washing building exteriors. 8. No OWASA-supplied potable water may be used for fire department training or equipment testing. Notwithstanding the restrictions specified in Sections V.C.1 through V.C.8, the protection of. public health, safety, and welfare may, under special circumstances, require the use of limited amounts of OWASA-supplied potable water for such purposes as washing out garbage trucks, 17 OWASA Water Conservation Standards March 2b, 2009 Page 12 of 12 cleaning up hazardous or other materials. Such uses shall be permitted during declared Water Shortages or I~mergencies, provided that other practical alternatives are not available and water is used in the least practical amount. V. D. Water Supply Emergency In the event that OWASA declares a Water Supply Emergency, OWASA shall so advise the Mayors of Carrboro _ and Chapel Hill and the Chair. of the Orange County Board of Commissioners and shall request the issuance of a Proclamation of a Water Supply Emergency. In addition to those applicable measures listed above for a Stage Three Water Shortage, the following actions shall be taken upon OWASA's declaration of a Water Supply Emergency: 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 shall be used to fill, refill or top off the water level in any private or public purpose swimming pool. 3. No OWASA-supplied potable water shall 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 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 requ'u~ements, such as fire protection, hospitals, clinics, and other critical community needs. 18 OWASA' S REVISED WATER CONSERVATION STANDARDS March 26, 2009 B$_ On March 26, 2009 the OWASA Board of Directors approved revisions to OWASA's Water Conservation Standards which apply to water use by all OWASA customers. The Standards were originally developed in 2003 and subsequently incorporated into the local water conservation ordinances of. Carrboro, Chapel Hill, and Orange County. The revised Standards, which reflect the "lessons learned" from the drought of 2007-2008, will go into effect as soon as the three local governing boards approve revised waxer conservation ordinances that incorporate the new Standards. This document provides an overview of (1) the general principles that have guided OWASA's efforts to revise the Standards and (2) key changes to the Standards. The revised Standards were developed with input from local governments, businesses, and OWASA customers during and following the 2007-2008 drought. OWASA distributed proposed Standards revisions for public review and comment and hosted a community meeting on September 24, 2008 that had been publicized through new releases, paid newspaper advertising, and a-mail messages to more than ] ,000 recipients. On February .25 and March l 0, 2009, the OWASA Board met with local elected officials to present and discuss the proposed revisions. Based on the positive feedback received from the public and local elected officials, the OWASA Board has approved the revised Standards and formally requested that the Carrboro, Chapel Hill, and Orange County governing boards revise their respective local water conservation ordinances to incorporate the new Standards. Gaidin~ Principles In developing the revised Standards, OWASA was guided by the following principles and "Lessons learned" during the 2007-2008 drought: The original set of Standards focused ,predominantly on outdoor water use, which represents only about 7 percent of OWASA's total annual demand. By comparison, other utilities estimate that outdoor use accounts for 20 percent of their total water use, which reflects significant differences between OWASA's and their customer bases. • Significant reductions in OWASA water demand persisted through the winter months of late 2007 and early 2008 when little or no outdoor use was taking place, indicating that substantial indoor reductions had occurred and were being sustained in the absence of any indoor regulatory requirements. These behavioral changes were likely a response to several factors, including OWASA's Stage 2 and 3 water rate surcharges; the community's longstanding commitment to sustaining its drinking water resources; OWASA's public information work; and extensive media coverage of the drought and uncertain regional waxer supply conditions. 19 OWASA 's Reirised OFYA,SA 's .Ajater Conservation Standards March 26, 2009 Page 2 Stakeholders indicated that certain restrictions caused undue economic hardships to businesses such as landscapers, nurseries, power washers and house painters without achieving commensurate water savings. Similarly, it was noted that the marginal conservation benefits of not filling or topping off public swimming pools and not irrigating public recreational fields failed to justify the loss of these public resources to the community or the health and safety risks of improperly maintained athletic fields. • Many stakeholders noted the different values and replacement costs of grass lawns versus trees, shrubbery, and gardens. With proper turf selection and soil preparation, most grass lawns become dormant and will survive severe drought conditions, unlike certain trees and shrubs, which may die without sufficient water and then require years of growing tune to replace. OWASA believes that turf grass irrigation represents a low priority, non- essential use of drinking water. . • OWASA believes that an effective local conservation program should provide a mix of actual conservation benefits, customer information/education as well as a sense of. individual and community empowerment, and that no set of restrictions or rates can be perfectly effective, fair, and practical. Hiahli~hts of Revisions to the Standards 1. The "Water Supply Advisory" stage has been eliminated from the Standards. From past experience, the Advisory stage has little beneficial effect and is confusing to the public. 2. The high "cut-off' limits on monthly water use by residential customers are removed, because they were confusing to the public. Based on our experience during the 2007-2008 drought, the increasing block rates and Water Shortage rate surcharges reduce excessive residential water use without need for further incentives or customer-specific use reduction requirements. 3. Allowances are made for irrigating "Public Purpose Athletic and Recreational Fields" and "Public Purpose Botanical Sites". at different times and frequencies than generally specified for spray irrigation; provided that such exceptions comply with an.OWASA-approved Water Conservation Plan for each site. 4. Spray irrigation restrictions for turf grass remain unchanged except that hours during which spray irrigation is allowed are slightly extended to promote consistency with other communities' ordinances. Spray irrigation restrictions are relaxed for non-turf vegetation, such as trees, shrubs, and gardens. Drip irrigation, underground hose emitters, soaker hose, hand-watering, and other non-spray methods are allowed at any time, duration, or frequency except during a Water Supply Emergency, when all irrigation is prohibited. OWASA recognizes that it is impractical for customers to know whether these irrigation methods comply with the %2 or 1 inch per. week limits specified in the prior Standards and which are continued for spray irrigation. zo OI~ASA's .Revised OI~ASA's Dater Conservation Standards March 26, 2009 Page 3 5. Ornamental ponds, fountains, etc. may be filled, refilled, or topped off with OWASA supplied potable water during Stage 1, but not during Stages 2, 3, or Emergency Shortages. (Under the previous Standazds, they could not be refilled during any stage of a declared shortage.). Birdbaths and backyard-scale facilities used to support wildlife may be filled and re-filled in Stages 1, 2 and' 3, but not during an Emergency. 6. Washing building exteriors prior to paintings is allowed during Stages l and 2, but not during Stage 3 or Emergency Shortages. The more general cleaning of building exteriors (not associated with painting) and the washing of paved areas, etc. is allowed only during Stage 1. (Under the previous Standazds, water could not be used for routine cleaning or washing during any stage, but Stage 2 allowed pressure cleaning of building exteriors necessary to protect integrity of the structure. Pressure cleaning was not allowed in Stage 3 or Emergency.) 7. Swimm'u~ig pools are allowed to be filled, refilled, or topped off at any time except during a Water Supply Emergency (regardless of whether they are public or private pools). (Under the prior Standards, in Stage 2, water could not be used to fill or refill empty pools, but could be used. to top off operating pools. Topping off pools was not allowed in Stage 3 or Emergency.) 8. New water lines may be flushed or pressure-tested at any time except during a Water Supply Emergency, when flushing or pressure testing is allowed only if the water is captured and returned to OWASA's system. (The prior Standards prohibited the use of water for pressure testing and flushing in Stage 3 unless water is captured and returned.) 9. Provisions to encourage conservation measures have been moved from sections of the Standards in which actual restrictions are listed to a new section under "Year-Round Policy and Practice." 21 SUMMARY OF KEY CONSERVATION STANDARDS PROPOSED FOR OWASA DRINKING WATER March 26, 2009 dNater Use Year-Round Stage 1 Stage 2 Stage 3 Emergenry 3 days per week, 1 day per week, Spray Irr~ation Applied to Turf up to 1 inch per up to ]/2 Mch per X X X ~~ week, 6 pm - ID week, 6 pm -10 am only am only 3 days Per week, 3 days per week, 1 ~y ~ week, up to :. Irrigation Applied to Non- SPray up to S inch per up to 1 inch per ~ inch per week, 6 X X Turf P~ RlFateriak week. 6 pm -10 week, 6 pm -10 ` pm -10 am only ` am only ' " am only Drip irtlgation, underground drip emitters, soaker hose, hand- X watering, and other nan-spray ~ ~ ~ ~ methods allowed at any time or frequency as noted. WashingofBuildingExteriors PAor to Feintin ~ (~ g Oenerol [kaning of Building ~( X X Exterwrs, Paved Areas. Etc Ornamental Ponds, fountains, ed Off or To etc Flped Refiged X ~( X pp , , . Only at canmerGai or institutlonal facilities where SD9e vehicM washing ~ ~ of the water has been X ~( reryded, is from a non-potable souroa, arfrom a well Swimming Pooh and Backyard- t d~ ~ ~ _ sp' ~ ~ X . FRled, Refllled, ot Topped Off Only ff captured HushMg or Pressure TestMg New Water Unes ~ ~ ~ . ! and returned to Y system Year-Round Requirements, Regardless of Water Shortage Condition > Automatic controllers and rainfall or soil mohtyre sensors required on all irrigation systems > "Wasteful" water use• prohibtted at ail times > Water leaks must be repaired withing 10 days of dhcarery andJor noNficdtion by OWASA > Water may be served In restaurants only upon customer request > Hotei/motel IMens may only be d~anged upon automer changeover, every 5 days, or upon customer request Symbols and Notes # Please refer ro actual text of OWAS4'sConservatlonSrondardsfordetalh. Water use fs allowed x Water use h oat allowed ,y . Resirktlovu may not apply ro pubBe purpose athletk fields, recreational fields, or public purpose boronlcnlsltes operated in mmp/Ianre wllh OWASA~opproved Water Conservation Plans *'C ie RestrkNons may not apply ro public purpose botanical sites operated in compliance with OWASA-approved Water Conservation Plans. ~=~~ ~ This item was removed and placed at the end of the consent agenda for separate consideration. d. Reappointment of Tax Collector The Board reappointed Jo Roberson as Orange County Tax Collector for afour-year term effective July 1, 2009. e. National Historic Preservation Month The Board approved the proclamation, which is incorporated by reference, designating the month of May as National Historic Preservation Month with the theme, "This Place Matters", and extended an invitation to the public to participate in the upcoming events. f. Proclamation Recognizing Children's Mental Health Awareness Dav The Board approved a proclamation, which is incorporated by reference, recognizing May 7, 2009 as Children's Mental Health Awareness Day in Orange County and authorized the Chair to sign. g_ National Travel and Tourism Week The Board approved a proclamation, which is incorporated by reference, recognizing the week of May 9 through 17, 2009 as National Travel and Tourism Week in Orange County and authorized the Chair to sign. h. Older Americans Month Proclamation The Board approved a proclamation, which is incorporated by reference, designating the month of May as Older Americans Month as a time to honor older citizens for their contributions to society and to Orange County and authorized the Chair to sign the proclamation. i. Lease Approval: Efland Rescue Building The Board approved a $1 per term lease for the Efland Rescue Building, Efland, NC for use by the Emergency Services Department from May 6, 2009 through May 5, 2019 and authorized the Chair to sign. L Child Support Attorney Contract The Board approved a contract with Coleman, Gledhill, Hargrave and Peek to provide legal representation for Child Support Enforcement and authorized the Chair to sign. k. Consolidated Housing Plan Annual Update/HOME Program This item was removed and placed at the end of the consent agenda for separate consideration. I. Adoption/Incorporation of OWASA's Proposed Revisions to its Water Conservation Standards in the Section of Orange County's Water Conservation Ordinance Affecting the OWASA Service Area The Board approved the revisions to the County's Water Conservation Ordinance and directed staff to incorporate those changes into the ordinance. m. Schools Adequate Public Facilities Ordinance -Approval and Certification of Annual 2009 Report This item was removed and placed at the end of the consent agenda for separate consideration. n. Census 2010 Complete Count Committee This item was removed and placed at the end of the consent agenda for separate consideration. o. Eno River Farmers' Market License Agreement Approval and Appropriation to the Eno. River Farmers' Market. Inc. The Board approved: 1) a License Agreement between the County and the Eno River Farmers' Market, Inc., anon-profit corporation; 2) the waiver of the annual license fee of one dollar per year for the initial three-year term; and 3) a one-time appropriation of $5,000 to the Eno River Farmers' Market, Inc. for the initial cost of a Market Manager. ~ Approval of FY 2009-19 Recommended County Capital Investment Plan (CIP)