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HomeMy WebLinkAboutS ORD-2002-015 OWASA Conservation and Demand Management Ordinance Wo -y lJd2 lexlc 2- AN 0 1 S 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 Section I. Purpose This ordinance is enacted to support the following primary water conservation and demand management goals: 1. To reduce the rate of growth in overall water use so as to maximize the community's existing and planned water supply sources; and 2. To reduce the upward trend of seasonal peak day demands that drive the costly expansion of water treatment, storage, and transmission facilities; and 3. To provide an orderly process for reducing community-wide water demands during periods of water shortage or emergencies. Section II. Year-Round Practices 1. All Orange Water and Sewer Authority(OWASA) customers are encouraged to exercise voluntary water conservation practices at all times during the year;regardless of water shortage or emergency conditions. OWASA shall periodically provide informational guidelines and conservation tips to its customers. 2. All newly installed or substantially improved irrigation systems that are equipped with automatic timers and which use OWASA-supplied potable water shall be equipped with automatic rain or soil moisture sensors that are activated to prevent the operation of those irrigation systems while rain is falling and/or when soil moisture is adequate. Section III. Determination of Water Shortage or Emenzency A water shortage or water emergency shall be deemed to exist when OWASA cannot supply its customers with sufficient water to protect the public health and safety without substantial reductions in water demand. 1. Any of the following conditions, as determined by OWASA's Executive Director, shall constitute a Stage I Water Shortage: a) The total volume of water stored in OWASA's Cane Creek/University Lake/Stone Quarry reservoir system is equal to or less than 125 summer days of OWASA 1 customer demand, as determined on the basis of average raw water usage during the months of May through September of the previous calendar year; [Example: If the average raw water demand during the previous summer was 10.8 million gallons per day (MGD), and the OWASA reservoir system currently contained 2.8 billion gallons of water in storagd, the total volume of stored water would be equal to 2.8 billion/10.8 MGD =259 days of demand. This example would not constitute a Stage I Water Shortage]; or b) It is otherwise determined that the Cane Creek/University Lake/Stone Quarry system is unable or unlikely to continue meeting the demands of OWASA's customers without a substantial reduction in consumption; or c) The customer demand for water averaged over three successive days, as measured by OWASA production records, exceeds 90 percent of the target three-day peak limit established for that year. Target limits may be established each April by multiplying average finished water demands for the previous 12 months by a peaking factor of 1.65, or may be established by other production constraints— such as water treatment capacity-determined by OWASA's Executive Director. [Example: If average finished water demand for the previous 12 months was 9.5 MGD, then the target limit for the coming summer would be 9.5 MGD x 1.65 = 15.7 MGD. A water shortage would be declared if the demand, when averaged over three successive days, exceeded 90 percent of that target level; e.g., 0.90 x 15.7 MGD = 1 4.1 MGD.] 2. Any of the following conditions, as determined by OWASA's Executive Director, shall constitute a Stage II Water Shortage: a) The total volume of water stored in OWASA's Cane Creek/University Lake/Stone Quarry reservoir system is equal to or less than 75 summer days of OWASA customer demand, as determined on the basis of average raw water usage during the months of May through September of the previous calendar year; or b) It is otherwise determined that the Cane Creek/University Lake/Stone Quarry system is unable or unlikely to continue meeting the demands of OWASA's customers without a substantial reduction in consumption; or 2 c) If the customer demand for water averaged over three successive days, as measured by OWASA production records, exceeds 97 percent of the target three- day peak limit established for that year. Target limits may be established each April by multiplying average finished water demands for the previous 12 months by a peaking factor of 1.65, or may be established by other production constraints —such as water treatment capacity—determined-by OWASA's Executive Director. [Example: If average finished water demand for the previous 12 months was 9.5 A,IGD, then the target limit for the coming summer would be 9.5 AIGD x 1.65 = 15.7 MGD. A water shortage would be declared if the demand, when averaged over three successive days, exceeded 97 percent of that target level; e.g., 0.97x 15.7 MGD = 15.2 NIGD.] 3. Any other circumstances, including service losses caused by equipment failure, human error,weather, or other natural disaster,which constrain OWASA's water production capacity to less than the current level of customer demand, may constitute a Water Supply Emergency, as determined by OWASA's Executive Director. Section IV. Proclamation of Water Shortage or Water Sunaly Emergency In the event of a water shortage or water supply emergency as determined in Section III, the Chair of the Board of Commissioners of Orange County (hereafter"the Chair") is authorized to issue a public proclamation declaring to all persons the existence of such state and the severity thereof, and in order to more effectively protect the health and safety of the people within the unincorporated part of Orange County (hereafter"within Orange County")to place in effect the restrictive provisions hereinafter authorized. Section V. Mandatory Conservation During Stage I Water Shortage In the event the Chair issues any such proclamation of Stage I Water Shortage described in Section 11I.1,then and in that event, it shall be unlawful for any person,firm, or corporation to use or permit the use of potable water from the water system within Orange County supplied through the facilities of OWASA for any of the purposes hereinafter set forth until such time as this Ordinance is amended or repealed, or until the Chair,by public proclamation,has declared certain provisions no longer in effect. 1. Irrigation of lawns, gardens,trees, or shrubs with OWASA-supplied potable water applied through any system or device other than a hand-held hose or watering can shall be allowed only three days out of each week. Properties with odd-numbered street addresses shall be allowed to irrigate only on Mondays, Wednesdays, and/or Fridays;properties with even-numbered addresses shall be allowed to.irrigate only on Tuesdays, Thursday, and/or Saturdays. A total of no more than one inch of water(as measured in a shallow container, such as an empty tuna fish can) should be applied. during any given week. The restrictions of this section shall not apply to any persons regularly engaged in the sale of plants,who shall be allowed to irrigate their commercial stock in trade. 3 2. Irrigation of lawns, gardens, trees, or shrubs with OWASA-supplied potable water that is sprayed through the air via any system or device other than a hand-held hose or watering can shall occur only after dusk or during pre-dawn hours. 3. No OWASA-supplied potable water shall be used on sidewalks, driveways,patios, cars, buildings, or other impervious surfaces of a similar nature. 4. No OWASA-supplied potable water shall be served-in public restaurants except on request. 5. Institutional customers, including the University of North Carolina at Chapel Hill (UNC), shall: a) Cease the use of OWASA-supplied potable water for outdoor purposes, except as provided in items 1 and 2 above. UNC shall develop a three-day irrigation schedule for campus facilities in consultation with OWASA. b) Curtail the use of OWASA-supplied potable water for the cleaning of facilities such as window air conditioning units, chilled water coils, closed loop heating systems, and.government-owned vehicles. c) Reduce the heating/cooling load demand from lower priority facilities to the extent allowable with regard to indoor air quality standards and employee health and safety requirements. Section VI. Mandatory Conservation During Stage II Water Shortage In the event that the Chair issues any such proclamation of Stage II Water Shortage described in Section III.2,then and in that event, it shall be unlawful for any person,firm, or corporation to use or permit the use of potable water from the water system within Orange County supplied through the facilities of OWASA for any of the purposes hereinafter set forth until such time as this Ordinance is amended or repealed, or until the Chair, by public proclamation,has declared certain provisions no longer in effect. 1. All the mandatory provisions of a Stage I Water Shortage, as described in Section V, shall remain in effect, except that the irrigation of lawns, gardens,trees, or shrubs with OWASA-supplied potable water applied through any system or device other than a hand-held hose or watering can shall be allowed only one day out of each week. Unless otherwise recommended by the OWASA Executive Director, properties with odd-numbered street addresses shall be allowed to irrigate only on Mondays; and properties with even-numbered addresses shall be allowed to irrigate only on Thursdays. No more than one-half inch of water(as measured in a shallow container, such as an empty tuna fish can) should be applied during any given week. UNC shall develop a one day a week irrigation schedule for campus facilities in consultation with OWASA. The restrictions of this section shall not apply to any 4 persons regularly engaged in the sale of plants, who shall be allowed to irrigate their commercial stock in trade. 2. 'No OWASA-supplied potable water shall be introduced into any decorative fountain, pool, or pond; or to fill any swimming pool; or to replenish any f lled swimming pool, except to the minimum essential for operation Section VII. Mandatory Conservation Durina Water Supply Emergency In the event the Chair issues any such proclamation of Water Supply Emergency described in Section III.3, then and in that event, it shall be unlawful for any person, firm, or corporation to use or permit the use of potable water from the water system within Orange County supplied through the facilities of OWASA for any of the purposes hereinafter set forth until such time as this Ordinance is amended or repealed, or until the Chair, by public proclamation, has declared certain provisions no longer in effect: 1. No OWASA-supplied potable water shall be used for any outdoor purposes other than emergency fire suppression. 2. Water service may be discontinued or reduced, as determined by OWASA's Executive Director, in designated portions of the OWASA service area through the manipulation of valves,pumps, and other appurtenances in order to preserve the availability of water for public health and safety facilities; such as hospitals,medical clinics, etc., fire protection, and other critical community needs. 3. UNC and any other customers that use OWASA-supplied potable drinking water for heating/cooling systems shall reduce the heating/cooling demand in all but the most essential facilities to the extent allowable with regard to indoor air quality standards and employee health and safety requirements. Section VIII. Penalties and Remedies 1. A violation of any of the provisions of this Ordinance shall constitute a misdemeanor, punishable as provided in G.S. 14-4. 2. A violation of any of the provisions of this Ordinance shall subject the offender to a civil penalty of twenty-five dollars for the first offense, fifty dollars for the second offense within a thirty-day period, and one hundred dollars for the third or any additional offense that occurs within any thirty-day period. 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. 3. The County may seek to enforce this Ordinance through any appropriate equitable action. 4. Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense. 5 5. The County may seek to enforce this Ordinance by using any one or a combination of the foregoing remedies. Section IX. Severability If any section, subdivision, clause, or provision of this Article shall be adjudged invalid, such adjudication shall apply only to such section, subdivision, clause, or provision so adjudged, and the remainder of this Article shall remain fully valid and effective. Section X.Effect on Other Laws: Effective Date 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 Ordinance, 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. This Ordinance shall become effective upon adoption. Upon motion of Commissioner &1A10 ft/J, seconded by Commissioner ,9H , the foregoing Ordinance was adopted this the 611'X day of TU.rP_, 2002. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange,North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on � 2002 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County,this day of tw e , 2002. Clerk to the Bq&d of Commiss' ners 1sg:orangecounty\OWASA Water Conservation Ordinance 6