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HomeMy WebLinkAboutAgenda - 06-26-2003-8OORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 26, 2003 Action Agenda Item No. ~ ` (~ SUBJECT: OWASA Conservation and Demand Management Ordinance DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 3/6/03 Cover Letter INFORMATION CONTACT: 2/27/03 OWASA Resolution Ed Kerwin, 968-4421 Proposed Water Conservation Ordinance/ Geof Gledhill, 732-2196 Standards Paul Thames, ext. 2303 OWASA Response to Question From Joint Meeting of 1/16/03 TELEPHONE NUMBERS: Table Of Guidelines For Water Hillsborough 732-8181 Conservation Triggers Chapel Hil'I 968-4501 Summary Of Existing And Proposed Durham 688-7331 Conservation Standards Mebane 336-227-2031 Revised Interim Ordinance PURPOSE: To consider adopting Orange Water & Sewer Authority's (OWASA's ) recommended revised Water Conservation and Demand Management Ordinance standards and provisions applicable to the OWASA customers within the unincorporated area of Orange County. BACKGROUND: At the request of OWASA in the Spring of 2002, Orange County as well as the Towns of Chapel Hill and Carrboro adopted a Water Conservation and Demand Management Ordinance providing for year round conservation of water and for temporary water use restrictions during water shortages and emergencies. The Orange County ordinance was adopted as an interim revision to the County's existing drought ordinance (which applies to the upper Eno River system as well as to OWASA) that was applicable only to OWASA customers in the unincorporated Orange County portion of the OWASA service area. In light of its experiences during the drought of 2002, OWASA has reevaluated the practices, standards and provisions specified by the ordinance. OWASA officials and staff have drafted proposed revisions to its own water conservation standards and practices and to the provisions of the ordinance. OWASA has held public forums open to its customers and met with the elected boards of Orange County, Chapel Hill and Carrboro to discuss water shortage issues, water conservation strategies and potential conservation ordinance requirements. The new/revised water conservation standards for OWASA customers include: • Requiring some basic year-round conservation practices such as irrigating no more than three times per week and with no more than one-inch of water per week. 2 • Allowing for greater flexibility in outdoor use by means of hand-watering and using drip irrigation and soaker hose systems during non-emergency levels of a water shortage. • Prohibiting the wasting of water with more detailed definition of water waste. By resolution of the OWASA Board of Directors (2/27/2003), OWASA has submitted its proposed Water Conservation Standards to the elected boards of Orange County, Chapel Hill and Carrboro for consideration. Furthermore, OWASA's Board of Directors has requested that each elected board adopt these standards into the appropriate codes and ordinances. The Town of Carrboro Board of Aldermen considered and approved the proposed revisions to the Town's water conservation ordinance on June 17th and the Chapel Hill Town Board will be considering revision to its ordinance on June 23~d Orange County's drought ordinance covers the water customers of three separate but interconnected water systems (OWASA, Hillsborough and Orange-Alamance). Each of these systems is also directly or indirectly (OWASA by virtue of its interconnection with Hillsborough) connected to the County's water supply infrastructure (Lake Orange) which is controlled - in terms of operational exigencies - by the provisions of the Eno River Capacity Use Agreement. All of the water system interconnections and water transfer options and possibilities have made the County's response to OWASA's proposals for revisions and modifications to the County's drought ordinance somewhat complicated. Accordingly, the County adopted the original ordinance revisions (2002) as an interim ordinance. While County staff have been working to develop permanent ordinance revisions ultimately addressing the needs of OWASA and the upper Eno water systems, those efforts are still underway. Therefore, what is proposed for BOCC consideration at this time is a revision to the interim ordinance (applicable only to the OWASA system and customers) that the Board adopted on June 4„ 2002. FINANCIAL IMPACT: None RECOMMENDATION(S): The Manager and the Attorney recommend that the Board adopt A REVISED 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. OWASA ORANGE WATER & SEWER ALITHORIT°Y°~%~`~~>~`. ;'r ~ ~~~ ualit Service ~ncer~-977 ~;~ ,, ~~ - w'ti %.,.4 t~ ~~ i March 6, 2003 • ~ , ...,. ~ ; ~~ ,- ~_-~ ~/' `-./ Ms. Margaret Brown Mr. Kevin Foy, Mayor Mr. Michael Nelson, Mayor Chair, Orange County Boazd Town of Chapel Hill Town of Carrboro of Commissioners 306 North Columbia Street 310 West Main Street Post Office Box 8181 Chapel Hill, NC 27516 Carrboro, NC 27510 Hillsborough, NC 27278 SUBJECT: PROPOSED NEW WATER CONSERVATION STANDARDS Deaz Margaret, Kevin, and Michael: On Thursday, February 27, 2003, the OWASA Boazd of Directors approved the enclosed water conservation standards for submittal to the Carrboro, Chapel Hill and Orange County governing boards. We request time on your respective agendas in the neaz future to present and discuss the new standazds and to work with you to incorporate them into your local ordinances. I would like to emphasize several points regazding the standards: • The OWASA Boazd's action followed a public information/participation process beginning with a public forum on November 20, 2002 and including numerous OWASA Boazd meetings and the January 16, 2003 Joint Meeting with our local governments. • The proposed standards reflect our experience from last year's drought as well as consideration of numerous comments from the public. • The proposed standards include yeaz-round water use restrictions that are consistent with good basic conservation practices. They also provide more flexibility for irrigating by hand and with more efficient types of irrigation systems. • In order for OWASA to enforce certain elements pertaining to excessive or wasteful water use during periods of declared shortage, our Boazd will consider adopting these as OWASA rules in the neaz future. ~,~ . NOGG ~ 400 Jones Ferry Road PO Box 366 Carrboro, NC 275 ] 0-0366 -SL~~V ~ QT' 3~~0/03 Equal Opportunity Employer Printed on Recycled Paper Voice (919) 968-4421 FAX (919) 968-4464 wH•w. owasa. org Proposed New Water Conservation Ordinance/Standards March 6, 2003 Page 2 We have enclosed two additional items of information that maybe useful to consider: • OWASA's response to comments received during the January 16, 2003 Joint Meeting. • Table of guidelines for water conservation triggers (we look forward to providing a more detailed explanation on how these guidelines would be applied}. We appreciate the guidance we have received from you and your respective boards and would further appreciate your consideration of the enclosed water conservation standards. I look forwazd to talking with you on March 20~'. Sincerely, Cie ~ Bernadette Pelissier, Chair Board of Directors Enclosures: Resolution adopted by the OWASA Board on February 27, 2003 Proposed water conservation ordinance/standards Responses to questions from the Joint Meeting of January 16, 2003 Information on "triggers" for guiding when water shortages may be declazed c: Mr. Michael Brough, Interim Cazrboro Town Manager (w/enclosures) Mr. Calvin Horton, Chapel Hill Town Manager (w/enclosures) Mr. John Link, Orange County Manager (w/enclosures) OWASA Boazd (w/enclosures) Ed Kerwin (w/enclosures) Robert Epting, Esquire (w/enclosures) 4 RESOLUTION TO TRANSMIT REVISED WATER CONSERVATION STANDARDS TO THE CARRBORO BOARD OF ALDERMEN, CHAPEL HILL TOWN COUNCIL, AND ORANGE COUNTY BOARD OF COA~IlVIISSIONERS WHEREAS, the citizens of Carrboro, Chapel Hill, and Orange County have demonstrated a strong commitment to responsible stewardship of the community's water resources, including the conservation of water during periods of drought and shortage; and WHEREAS, the Towns and County adopted new ordinances in the spring of 2002 with water conservation requirements to be used during periods of drought and other water shortages; and WHEREAS, OWASA has examined water use patterns during the record-setting drought of 2002 and has reviewed the experience with the Towns' and County's recently adopted conservation ordinances; and WHEREAS, OWASA held a public forum about drought management and conservation on November 20, 2002; has encouraged and received numerous comments from interested customers regazding the 2002 conservation ordinance; and has drafted, discussed, revised and received comments on proposed revisions to the 2002 water conservatYOn ordinance, including comments from the elected boazds of Carrboro, Chapel, Hill and Orange County in a joint meeting held on January 16~', 2003. NOW THEREFORE, BE IT RESOLVED that the Board of Directors of Orange Water and ~ Sewer Authority hereby submits its Proposed Water Conservation Standards, February 19, 2003, a copy of which is attached to this Resolution, to the Carrboro Board of Aldermen, the Chapel Hill Town Council, and the Orange County Board of Commissioners and recommends the adoption of these Standards - either by reference, or by incorporation into appropriate Town and County codes or ordinances - at the earliest appropriate date. Adopted this the 27m day of February, 2003. P~ Bernadette Pelissier, Chairman Boazd of Directors ATTEST: Joni or ' Ass' tSecretary-Treasurer 1.1 WL"1Jt1 - Llclll VV GIIGl VV115G1 YL1.UV11 AU1GD LULU ~710.11UCL1 UJ fir. aa~~e Water and Se~:~rer ~.~th~rit~ 1'rc>E~ased Water ~onselr-~a~~oir~ Standards Februarg~ ~7, Q3 E4~ticle I - I'ut-~ose att~ efii~i;i~ic~ns 1. A.I'E~rpose 'These ~~,%ater Conse~•~ation Standards are enacted by- tl~e Ch-~Enge ~~%ater and Se~~~er :~~tihority~ (C)1~~ASA) for the purposes of: Reducing the rate of increase in o~°erall water rise through year-round ~~~ater conservation lractices that will help maximise the ec>mtnunity's existing and planned tivater supply soturces and help reduce seasonal peal. day derryands that res~.~lt in the need fcn• costly expansion of water treatment, storage, and tr~ulsm.ission facilities. ;such year- e•c~und practices shall. include: a. Reducing indoor ~~rater waste by encouraging the. installation and maintenance of ultra-la«• flow toilets, faucet aerators, loch-flo~~~ slloweRrheads and similar devices, a.s l~~ell as other creative and commonsense indoor cor~sei~~ation practices. b. Reducing irrigation and irrigation-related water ~~aste without sacrificing landscape quality through. the cultivatie~n of lo~vcr ~~-ater use plants; i~npro~-ed landscape design and planting practices: ~x~ore efficient «~atering practices; and unproved i:t-~•igation system. design and i~nainte2~a«ce. Increasing tl~e use of reclaimed ~vastet~~ter and storm~~vater for irri:~sation and other uses that do not require grater of pi~table quality. 2. Providing an orderly .process far reducing co~~-~r~~unity-~~-ide ~~~~ater demands clc~ring periods of drought or other n~itt~rally occun•ing causes of waiver shortages; and 3. Providing atl orderly process for reducing community-«ride water demands during periods of «Tater shortages due to natural disaster (other than drou~glrt), maj«r f~}~'AS:'~ .facilities fai.hire, or other unexl3ected and sudden. loss of ~~~ater supply, t~•eatmcnt, or distribution capacitor that constitutes a water supply emergency. 1. I3. Definitions l~'c~r the purpose of these Standards, the follo~~-ing defg.nitions shall apply unless i:ho co~~text cleari~ indicates or requires a different meaning. 1EJTfJMATIC CC3NTRQLLER. A mechanical or electronic deli-ice capat~le of operating an irrigation system. and its component valve stations according to a pre- determined schedule of irrigation frequency a~~d duratioF~. ;[STERN. A tankk ar container, typically located underground, i:or the storage anal http://www.owasa.org/pages/2003consord.asp 5/29/2003 OWASA -Draft Water Conservation Rules and Standards rago ~ ~l 11( . ofrainwater collected from r-oc~ftops csr other iln}~ert-'ions surfaces that !~ subsequent reuse l~oulcl 17a~-e othe~•~~%ise evaporated. or drained oi'i~ the E~ren~lises. l~I2IP IRI2IGAT10N. The application of irri~~<~tion ~~ niter through drip emitter devices at }ow pressure, vc.~lulne, and velocity near or at ground }eve} in order to Ininixnize rclnoff and. evaporative losses. Drip irrigation c~~~itters typic~:~l]y re]ease ~~~<Itcr in t:ho range of 0.{.)4 to {).4t.) canons pe.r. ~~~il~ute. I<:~'El~-NLTIi-I~ERED PROI'EItTIES. Properties ~~~ith street addresses that encl. in e~'c.n-nunthered digits, or other pl-ope.rties so clcsignatud :(:or tl~e purposes of these ~stand.ard.s through special al•r~~t~gaments with ~~~'AS~~. ~~IZAy~4%t~TER. Domestic tn~aste~~~ater collected frol~l ]~ousellold fixtures and appliances; such as washing machines, d.ish~~-ashers, shoi~rers, sinks, and bathtubs, but e~nt fi•v~at toilets ar urinals. GrayF~~ater may ol~ly be reused in accordance ~~ith practices ~:~pproved by public health ant}~orities. l-[AI~I3 WATF.:E2:[l~C~. The application. of «-ater for irri~~atiol~ purposes tl~rou~Th a hand- lleEd hose or watering container. I-IAI2VESTED WATER. Precipitation. or irrigation I•unoff collected, stored and ai~-ailable for reuse far u•I•igation purposes. IRI3IGATI(~N SYSTEIt~I. Any permanently installed systelrl of pipes, loses, or other conveyance devices alld appurtel~:al~ecs that provides water to living plant material tl~rougl-I spray heads or other emission. devices located at, above, or Belo«~ the ground surface. por tl~e purposes of these St~uldards, a sprink]e;r, soaker base, or athe;r device col~necteci to its ~~-ater source via a Inoveah}e above-g~•ound garden hose is not considered to be an i.rl•igation system. ~,ANDSCAPE AREA. That portion of a paE•cel tliat contai:~is turf or non-turf vegetation. LOVV-I'RECIPITATIO' BUBBLER. An irrgatic}« head ~vliic}~ typically operates 4~'Ithlll slx IllcheS Of ~,~round level and delivers 4~-ater at a rate o:fless than 0.45 gall.on.s per minute within a radius of less than two feat of the head.,. Low-precipitation buhh]ers are typically used for irrigating non-tlu-f vegetatiol.~. ~'II:CRO SPRAY. The application of irrigation water through slna}1, low v°olun~e sprayer heads in artier to minimi-re runoff losses. Micro sprays are typically used for irrigating non-t11rf vegetation. Individual micro spray heads t~~pically operate Tess than 12 inches above ground. level and typically deliver tivater in the range of 0.10 to 0.50 gallons per minute tivithi.n a radius of.' five feet ~}r less of the head.. ~'[LLCH . A protective covering of~organir. material, such as sawdust. «~ood chips, compost, or other vegetative matter, spread on the ground to reduce eval~oratic}n and iX~crease water retention. ()I)D-NUIt~BERFD PROPERTIES. Properties with. street addresses th:3t e~~d in odd- http://www.owasa.org/pages/2003consord.asp 5/29/2003 OWASA -Draft Water Conservation Mules and Standards rage ~ ui ~ - i. Tits. or tither _ro ~erties so de•sis~nated for the lnirposes of these St~u~dc~rds t~zun~bcred d ~ p } ~ ~,~. tl~rou.gh special arrangements Fi ith (}t>4•':151. I~I)TABLE '4'4'ATEI2. Treated l~~ater proviclecl b~- (~~~'.-~Sr'~ 'that is suits~.ble for drinking; cooking, and other domestic u.se. ~~'atcr that is cc>]lected indoc}rs in containers from indoor faucets or spigots that ~-oz~ld others-isc be discharged into drainpipes ti~~hile a user awaits the t~~arming of the ~~-titer f~~r dish~~-a5hin~. other «-ash.ing, shaving, bathing, or sho~~~ering is not considered to lze pc}table «~<~ter f.`or the purposes c7i• these Standards. ~2EC"IYITATI®l~i E2ATIr. The aai~ount o1.'~~ater applied ]~E°r unit oftime, usuall}~ expressed in inches per hour. I-LJI3LIC RIGHT-OF-~~VAY. 'I~he area of lard c~~~7~ecl or mai~~t:air~ed by municipal; counttir, or state govenunent pri.tnarily for the ~tse of tl;e: public for the moven~r:nt of people, gaocls, vehicles. or storm water. For tl~e purposes of these Standards, the public right-of-w•ay shall. include curbs, streets, side«°all:s, and storm «-titer drainage inlets, but shall not. include adjacent landscaped areas that nay also be located. within the legally delineated public right-of=~vay. RAIN BARREL r1 tanl: or container, typically located on tl:~e ground beneath a roof drainage s}%stem, that captures and stores rain~~-titer fEZr subsequent .reuse. 121lV «%ATER. ~~'ater drawn from a reser~-•oir or other water source before treatment. 1"2ECLAIlV1ED V4'ATER. Highly treated efi7ucnt froi~~ a w~~stewater treatment plant that can. be safely used for such. non-potable purposes as inflation, heating.cooling, street cleaning, dust: control, firefighting; a~.rd other applications that do not require t~•ater of potable qu~rlity. I2LINOFF. Va'ater ~vhiclz is not. absort-~ed by the soil or landscape to ~n~hich it is applied. runoff occurs ~h°l~en. F}pater is applied too quickly (application rato exceeds infiltration. rate); particularly if there is a severe slope. These Sta~~da~•ds do not apply to stormivater runoff which. is created by nahual precipitation rather than Inu~~an-caused. or applied ~,vater use. SERVICE AREA. The geographic area in ~j laich O~?~"~'~Sl~. prov=ides or is authori~ecl to prc.~vide ~~•ater al~dior sewer. se2ti-ice. SHtiT-OFF NOZZLE. A deg°ice attached to the end. of a hose that completely shuts off the flow, even if left tulattended. SOAKER HOSE.: flexible h.osc designed to emit a t:rick:le of «~ater along its entire lef~gth, either through numerous s~yiall-diameter (less than U3~ inch) perforations or through the permeable material of its composition. S>~IL~Y IRRIGATION. The application of t~~ater to landscaping by mea~~s of a device that projects water through the air in the ft>rn~ of sma11 particles or droplets. SPRINKLER HEAD. A device, that pre?jests ~~,-ater through the air in the fcn•m of sn-~al] http://www.owasa.org/pages/2003consord.asp 5/29/2003 OWASA -Draft Water Conservation Rules and Standards rage 4 or 1 x :,:x~~ticl.es or droplets. { tT;~:DERGKQUNI} SY5"TEM. fin ia•rigatioax s~~stenx «~ith emitters installed beaaeath th.e ground surface. '~'~'A"TEIt WASTE. -I'he non-beneficial use of C)VJ:'~5:~ potable water. ~lc.~n-beneficial uses include but are not restricted to: a. Landscape «~ater applied. in such a nxamxer, rate andlor qu~uxtity that it overilaws the landscaped area being ~~-atered aJ~d rGans onta adjacent property or public right-of-~~~ay; or landscape ~v~ater applied. dxu•in<~ l~eriocls of rainfall or when soil anoisture is already adequate. h. The use of water for «~ashing vehicles; equipa,lea~t; or hard surfaces, such as parking lots, aprons, pacts, d.rivei~~ays. c?r othe~• surfaced areas, in such quantities to flow onto adjacent property or tlxe public right-cif-~~<ay. c. Water applied in sufi:icient: quantity to cause pondi.xlg on impervious surfaces. d. ~?v'ater lost through plaux~bing leaks tlxat Cara be readily ide~ztified and con•ected. ~ETZISCAPING. Aal approach to landscape design and maintenance that. uses small amounts of 1~•ater but sustains a traditional lac>l: through the: proper ccanditioning of soil, the selection of appropriate drought-tolerant plants; geaxerc~txs use of mulch, efficient use of 1~•ater, axed other proven techniques. Article II -Water Waste Prohibited, ~'enaltles f'or Violating Staodard II. i~. ~'~'ater Waste Prohibited Nc~ person, party, dr entity shall use, cause, waste, or permit to L-se wasted atly t_~~T~':~SA supplied potable ~;°ater, in violation of the Staxxdards set c>u1: l~aerei~l. I3. Tema[ties (:}~~'ASA may discontinue water sea-~~ice to and- customer where, after notice of <i prflhibited use is delivered to the service address, OW;~.SA supplied potable water continues to be used or «~asted in violation of ille Water Conservation Standards set out herein. Article III - Vear-D"toottcl )l2egttire~a~ents III. a. llxtericar L1se I . 'I he following outdoor or exterior use rcquiremeaxts steal I apply to all customers using O~'ASA supplied. potable «~ater: a. Spray irrigation shall not occur more tha.~~ three Clays per week. E~-en- http://www.owasa.org/pages/2003consord.asp 5/29/2003 OWASA -Draft Water Conservation Kules and Standards ~~ Ilumber.~d properties }i1a}• be irri~itt:d tir~itl~ spray systenls oI11y on fur}dad-s, Wednesdays, and.'or I;ridays. Ocld-numbs}•ed. I)rc)perties Inay be in"igated wvith. spray systems only an 'Tuesdays; Thursdays, alzdJa:r Saturdays. ~!! spray irrigation shall €)ceur only betE~~een the hen.Irs t)f'B:Ot} pn1 alld ~):()0 am. T11ese restrictions shall n.ot al~~ply to properties using.: un.derbroullcl, dI•il~ irrigation, micro spray, lore precipitation l•}ubblers, h<~T1d r~~ateeing, c)r rvllere watering of containerized plants atld Ca}11111erC}a.l plant StaCIC I:11 trade }s nlat}Italiled tOr 1`esale. b. I~egardlL'sS f1t' IrI'}gatlOn I11ethOds l}S;'d., I1C3 }110 re (hall One Itlch of r~'ate}' n1ItV be applied to p1allt material. in a}1~ even rieek.. All irrigation systen'}s shall be e~:fuipped rvith automatic controllers t1.1at activate the system aca)rding to a desired frequency and duration. and. shall also be equipped ri-ith rain or soil l~~oisture sensors that ~~~i13. pre4•ent irrigation during periods of rainfixll i)r w11e.n t}lere is sufficient maistlire ill the grolwd for plant health anal. Burr ival. d. All hoses used for hand ~~-atering. car rvaslling, ar other allowable aut:daor uses shall be equipped with sllutt?ff~ }1c?zrles. e. No exterior Ilse of OWAS:~-supplied potable water s11a11 result in the f1c)t~r of «~ater onto adjacent property or public right-of-rn~ay, and al.l irrigatiall systems s11a1[ be desit,~ned and. mail,tainecl ti) prevent water front f7c}~vtng onto paved or atller ill~pervious s€}}-tiaces. l: E?utdaor «~ater leaks oI1 property c-lr :facilities of Ot~'A;'A customers I11ust be repaired «ithi}1 ten (10) days of discovi:t~r and. notiftcatian by C)WASA. "?. The use of reclaimed or ha}rested. crater .t-or outdoor I~.ses is stI•angly encouraged. C?WASA shall periodically publicize rn~tl~ods c)f collt,cti.ng aald storill€t harvested water in apprc)priate devices, such. as mill barrel a}1d cisterns; appropl•iate practices, such as xeriscaping, drought tolerant landscaping and Irlulclling; anal shall othel•cvise educate its customers c)n water canservation strategies alld techniques. ~. Ln.less sllperceded by the declaration e?f~ a ~?v'ater Supply Shortage or Imes=~ency, the year-round requirements of III.~~.1.a Ind III.A.1.b above shall nat apply to the fol.larc~ing: a. Uutdaor u-rigation necessary far tl~le establislunent of newly sodded lawns and- landscaping ~c~itllin the first. }c} days c:}f'p1ar.Eting, or watering; of ner~•ly seeded tuI•f within the first six Inca 1t11s of planting. b. I:rricati.on necessary fc~r one day on;y ~~°heI-e treatlx}ent «~itl1 aal application of chemicals requires i}nmediate. rc~atering tc) preserve all existing landscape or to establish. a ne~~~ landscape. c. Water used to control dust or to compact sail er~llen alten~ate methods are not available.. http://www.owasa.org/pages/2003consord.asp 5/29/2003 pWASA -Draft Water Conservation Rules and Stanaaru~ aeration of «ateri3~g systems for short periods cif time d. Visually supe~~~ised ol. to check system condition and effectiveness. ter a lied to prevent or abate l~ealtl~, safety, or accident hazards «.hen e. ~~ a pP alternate methods are not. availabte. • used far construction or m~~iniena~ice actiu~~ln~ ~t~her era ~i~ ~i~atio~~ k. W atc2 of water is the appropriate methciclology and ~~ ~~ alternative eXiSts. ~~V ater used for Eircf~r<~rllting, ~ireti<,g~hter training, file hose testing., dare g• ~, pumper testing, and other emer~c;ncy situation mitigation purposes. ii pi. tnteriar Use p Iv to all customers 1. The folloti~•ing indoor or interior use requirelnent:s shall a p , using pVv:'SSA supplied potable water: v ~staurants and dil~ing facilities shall. serie ~y`atcr only inn request eat the a. Rc customer. Hotels, motels, and other facilities provyd~~ ~t ~}zee~i5t~~mer,~or up~azkons b. shall change bed linens only upon reque:~t c. customer changeover, or eve~:y~ live days fc>r long-term customers. eration of dishwashers a~~d clothes t~ a.shexs shall only be operated ~. The op ~7en loaded to maximum capacity or at ~~~at 7r 1 en c urtage~ al?[?ropriate tor. ~~ 1 the size of load being washed. sl-~all tie stront,ly he use of ultra-flow' toilets, tank dams, t~lo~~, redstr't~all be Strongly and lo«'- d. T fla«' showerheads, where nc~t «then~•ise require , encouraged; and additional indoor con.servanon. practices - as z~'ell as devices -shall also be. encouraged. e. Plumbing systems shall be pr~?l?erly maintained and repaired- to prey-ent ~~rater leaks. ~~or water leaks on property or facilities of C)~VASA customers must: be f. Ind re aired within ten (10} days of discovery ~.uld notification by ~>~~=~~~'. p ~ i111ess superceded by the deelaratian of a E~v~ater Supply Shortaga or I~m.ergency~ ~. L lv to tl~e folloti~°ing: the year-round requirements of I1.1.B.1. above slxatl not app ~ f:or short a. Visually supet-~-ised operation. and flushing of plumbing systems periods of tinge to check system condition. anal effectiveness. . Water ap}~lied to prevent or abate hetrlth, safety, or accident haz~u'ds ~~~l~en b alternate methods are not a~ zilable. 5/29/2003 http://www.owasa.org/pages/2003 consord.asp OWASA -Draft Water Conservation Rules and Standards Page 7 of 11 c. ~~'ater used for construction ar Illaintenance activities r~~here the al~plica.tion af~va.ter is the apllrc)p1•iate methedolagy ~Slld ~~'llere Il0 other 131'~lCtlCal alternative exists. 3. O~ti'ASA shall periodically publicize aI>d ath.er~.ise educate its custolllers on additional methods to cc)nserve the interior use of wafer. ~rtic)le ITT - Determinat>cat~ of a ~atet• Supp~T Shortage or l~e~erge~cy 1V. :'~. I3raught Cc-rtditian Shortage C)~~~ASA shall base its determination of existing or potential water short~I.ge. cc)Ilditions oll its analysis of reservoi~• levels, strealnflow, existing arld ;anticipated dem~Illd, availability of supplemental supplies, as well. as other elements of reasonable professicnlal _judgnle.nt and management. The d~:tenllillatic)n of drought shortage canclitians shall be guided by periodic estilllates aftlle risk (i.e.; probability} that tivater stc)red i.ll (?~~'ASA's resel•~~oir system ~~-iil deeli_ne to «naccei7tably lo«~ levels witlllll the foreseeable future. lintel Unproved or alternative cl7tel-ia are developed, such guidance shall be based on a five percent or greater risk. that tc.)tal reservoir storage v4~i11 daclille to ~'() percent or less of total storage capacity ~vitllin ali 18 month period. This gllidrlnce shall apply to the initial declaratiall of a 1~'ater Supply Shortage or Emergency and shall inform subsequent declarations af~nlare or less severe t~'ater Supply Sl1ol-tages or 1.~;IIlergencies. I3. ~'Vater Treatment, Storage, t?r Distribution ~'allacity Sh~lrtarie lIl additi.art to conditions caused. by drought, C)`t~%AS~~. Inay declare a Water Supply Shal•tage or Elnergellcy «~henever customer demands - as averaged aver tllrce cc)nsecutive days - exceed. 8a percent of OttJ,~SA's capability of treating and delivering r~%ater. 'The stage and duration of such a t~'atc;r Supply Shortage ar Emergency shall be guided by the degree to whicl2 customer demands approach or exceed Oy~i%ASA's capacity to nleei those demands, ~tlld by the dec}ree to «-hich. cc)nsel•vation effc)rts successfully reduce short-term. demands. C. :Natural and Klan-Ib'Lac1e Disasters anti C;atastrvphic lEquipment a>ad l:'lant failure Shortage .-any other circumstaalces, including ser~-ice lcssses caus~.d by aquipnlent car facility failure, hulnall el~•or, deliberate act, Eveathcr, ar other natural disaster, which constrain C)~k'ASA's water supply, treatment, or di.stl-ibrztion capacity to less than that reasonably lleecled by its customers, shall constitute a. Vv`ater Supply Shortage up to alld including a ~~%ater Supply Emergency, requiring ilnnlediate action by Ot~'t1SA. Article V -Required Actions >Llettl~:lr V6'ater S~~P~Y Shortage or E~~ergency ~`c~nditi~ns V. III the event ofa water supply shortage, O~~'ASA shall, using its best proessiarlal.juclgnlent, httn://www.owasa.or~/nas?es/2003consord.asn 5/29/2003 OWASA -Draft Water Conservation Rules and Standards Yage u or t t detenni_ne ~~=hich of the folle~wing stages is the most appropriate response to the estimated I level. of risk. A. ~~'ater Supply Advisory :'1 tA'ater Supply Advisory shall represent ajl alert to the public of a potential shorta~~e and. notifiication that ~~•ater u.se restrictions lnay be imposed if the watet• supply andior dernat~d conditions do not improve in the near firture. In tl~e evet~.t of a declared Water Sit.pply Advisory: 1. 1~1o mandatory «=ater use restrictions otlle.r tliatl y=ear-round regl.rirerne-rts already= in place will be implemented. ?. O~~~ASA shall make extensive use of nleclia releases, advertising, arld other reasonable means ofpublicizing lire ti~-ater suppl}- advison~ and t1~e need fc~t• i.mrnediate voluntary conservation. 3. OWASA shall inform the 'vlayors of C'arrboro a.nd Chapel l-li.ll anal the Chair of the Orange County= Board of Commissioners of its declaration of a 1~'ater Supply Advisory. B. Sta;;e One (1 } ~'Vater Shortage In the event that OWASA declares a Stage One Vti'ater Shortage, O~rv'ASA shall advise the :Mayors of Carrboro ar~d Chapel 1-lill and the Chair ctf the Ot•artge County= Board of Commissioners of its declaration and. shall request that they issue Proclamations of~ t~'ater Supply Shorta~,~e. Upon Utfi.'ASA`s declaration of a Stage One Vv'ater Shortage, the follav~~v~rg acticros shall be t~i:en «~th the gt~al of reducing overall «•ater d.emartd by tern (10} percent: t~'ater use by individually metered residential custorn.er accounts arld by individually metered irrigation-only accounts shall be limited to no mare than all average of one thousand (1,000) gallons ]rer day during ally months}= bii[ing cycle beginning after the declaration oi~a ~rv'ater Supply= Shortage or Water Sul-±ply Erxrergency anal ending while such restrictions are still in effect. ?. Spray irrigation using Oti~'ASA potable ;~-ater shall 1TOt: occur. more than one day per ~~°eeL. with a ni~.~:imuni of one-half inch of ~.~rater applied to plant material in anv given week. Evers-numbered properties shall be allowed to spray irrigate only on Tuesdays; odd-numbered properties shall be allo«=ed. to spray irrigate only on Thursdays. Spray irrigation shall occur only betweer~~ the• hours of ~:Ot? pan. and 9:00 a.m. These restrictions shall not apply to the ~vaterin~ of containerized plaa~ts and commercial plant stock in trade. 3. Iit•igation by underground, drip irrigation, micro spray, low precipitation bubblers, soaker hose sy=stems vF-ith automatic shutoffi's, or by hand Reid hoses c}r ~vatertng cans may occur at ally trine or frequency, but shall be limited to a maxirnutn of one-half inch of water applied to plant. material. in any given ~~reek. http://www.owasa.org/pages/2003 consord.asp 5/29/2003. OWASA -Draft Water Conservation Rules and Standards Page 9 of 11 ~~~ 4. l~io potable OWAS:~ water nia~r be used t.o re-1-E11 orn.an).ental foczntains. ponds, anti. like d.e~~ices. ~i. No O~~':15:~-supplied potable e=ater nay l)e used far the routine cleaniE~g or ~~•ashin`T of paved areas, such as side~~=alks, decks, drive~~•ays, road~~%ays, or parking lots. This restrictio~i shall not ap}~1~- to the pressure cleaning ai exterior building surfaces. C. Stage Ts~ro (2} ~'~'ater Shortage In tl~e event that OW:1SA declares a Stage'['«c) ~~v'ater Shortage. O~~'AS.A shall advise the 1~layor~ of Caxrboro and Chapel Flil1 az~d the Chair of the Orange County Board. of CoEnEnissioners of its declaration and shall regzzest that they issue l'roclan~atiEms c)f ~~%ater Supply Shortage, if not alz•e.ady issued. ~_?pon. C)~~'ASA's decfaratiazz of a Stage "l`~~=n Water Shoz~age, the following actic)ns st~ali be taken «-ith the goal of ro~:{ucing t~ve;rall Dater demand by fzfteen { 15} percent: Vl%ater use by individually metered residential czzstan~er accounts anal t~•,= individually metered irrigation-only accounts shall be limited to no more tlzaz~ an average of eight hundred (80()) gallons p~ r day during, ~~z1y zl~anthly billitzg cycle beginning after the declaration of a Water Supply Shortage or Water Supply Emergency arzd ending while such restrictions are still. in effect. 2. Spray iz-r-igation with OWAS~'1-supplied p=otable ih•ater shall. not be perz.~nitted, except by persons regul.az•I}= engaged in the sale of plants, «°ho shall be a:Ita~h~ed to irrigate their commercial stock. in txade. 3. Irrigation by underground, drip irrigation, micro spray, lo~v precipitation. bubblers, soaker hose systems ~~,=ith autc?z3iatie shutoff's, ar by band held. l~c>ses or watering cans shall be l.in~ited to a maxirz)uEn of one-Half inch of ~~.at:er applied. to plant material in any given ~~=eek. ~. No OWASA-supplied potable «•ater n~av be used to re-fill. ornamental fauntttins, ponds, and tike devices. ~. l~ia Ot?~'ASA-supplied potable water sl~atl be used far waslzin.g vehicles, except at commercial ar institutional c.ar j~'ashes En which at least 50 l3ercent of tl~e water has been recy-clod. 6. Itio U~~'ASA-supplied potable ~~~ater zr~ay be used for filling or re-f l1in~; empty s~~zmzning pools. OWASA-supplied potable c~-titer may be used may be used to tap off operating s«-imrning pools. 7. ItiTo Ot~'ASA-supplied patat~le water mar- be used for tl~e routine cleaning ar «=ashing of exterior building szufaees; decks, or pave+~ areas, such as sidewalks, drive~~=ays, roadways, and parking lots. "l~l~is restriction shall not apply to the pressure cleaning of exterior building surfaces c)r decks prior to paintizzg or re- painting that is necessary to protect or maintain the phyiscal integrity af't}~e stz-ucture. httn://www.owasa.ors/napes/2003consord.asp 5/29/2003 OWASA -Draft Water Conservation Rules and Standards rage i~ ui i i ~. Ira O~~-AS<~-supplied petal}le «~ater n~~Ey be used for fire dep~ulnzont training. or equipment testing unless required by State or federal regulations. D. Surge Three (3} Water Shartag€~ ll~ the event that C)WAS:1 decl~u-as a Stage: 'I,l~r~e i~~ater Sl~ortago, C}WASA sl~a(I advise ihi; >~lavors of Canboro and Chapel hill ~u~d tl~e Chair of the Orange t;ouni.y .[3oard of Conunissioners of its declaration and shall request that then issue Proclamations of ~~'ater Supply Shortage, if not already= issued. Lfpon Cl~?~'r~S.A's declaration c}f a Stage '1'luee ~~r'ater Shortage, the foilo~~=ing actions shall be taken ~~~ith the Baal of reducing oti=erall e=ater demand by twenty (20} percent: 1. Water use by individually metered residential customer accounts and by individually metered irrigation-only accounts shall be limited to no more than an average of si.x hundred (600} gallons per clay during any n~rntthly bi_Iling cycle beginning after the declaration of a Water Supply Sliortage or Water Supply I~.mergency and ending thhile such restrictions are still in effect. 2. The use of Oti~i'ASA-supp.li.ed potable ~~•ater for l~eati:ng andor cooling pui-l~oses shall be reduced in all but the most esse2rtial facilities to the extent allowable in consideration of indoor air quality standards, ~~•eather conditions, and l:~ealth aJ~d safety requirements. 3. T?o irrigation ~~v7th potable OWASA ~~rater shall be pc:r~nitted, except ~-ia hand held hoses or «=atering cans. Such irrigation steal l not occur more than. three days each week, according to the schedule peescribed in III.A.I .a of these Rules ~u7d Standards; shall. be applied to non-turf plant n~.aterial only; and shall be limited to a maximum of one-half inch of water per ~v-eel:. ~. OVi'ASA supplied potable. e=ater may not. be used for a~~v other. outdoor purposes, except for emez-gency fire suppression car other activities necessary to maintain. public health, safety, or welfare. :~. 1`o bulk sale of potable O1~v'~15.:'~ ti~-ater ~~-i11 be allo~i-cd eYCept for p~u-poses necess~rry to maintain public health, safety, or «=elfare. fi. loo OWASA-supplied potable water may be used for washing any vehicles. '7. Igo OtW~'~SA-supplied potable «~ater may be used for pressure washing buildin<~ exteriors. 8. ~'o O~~'ASA-supplied potable water 7~~ay be used for the flushing or pressure testing of ne«= distribution lines unless that water is returned to the O~~%ASe1 v~=ater supply system through. methods approved by (:>~~%~~SA. This restriction shall not apply to the testing of in-building f ~•e control sprinkler systems. 9. No OttiASA-supplied potable water shall be used for filling or re-filling emptti• http://www.owasa.org/pages/2003consord.asp 5/29/2003 OWASA -Draft Water Conservation Rules and Standards Page 11 of 11 swimming Dols or for to in~~ coif operating s~~•in~n~.ii~g pools. ~~ p pp l f). No O~~'ASA-supplied potable water mat tie tESed :for i-ire depar°t~nent training or equipment test~t~g. 1. ~,~'ater Su~Sply Err~ergency lc~ the event that Ol~'ASA declares a ~~'ater S~rl~~ply E~~~~ergency, ()VJ:~S:~ shall so advise the IVlayors tof Carrboro and Chapel Hill and the Chair of tl~e Orange C.`tiunty Board of Commissioners anal shall request tl~e issuance of a Proclamation of a Water `~upp.ly Emergency°. In addition to those applicable mea.sure~, listed above fc}r a 4ta~~e 't'hree Water Shortage, the foilo~~ing actions shell be i.al~.en. upon C?l?t-':a.SA's dcclaratic~n of a ~A~'ater Supply Fmergency: 1. 1~'o O~~'ASA-supplied potable water may be used for ,:tny oE~tdoor p~~il}oses other than emergency fire suppression. or other aeti~-hies ne~.essary to maintain public health, safety, or welfare. ?. The use of OWASA-supplied potable ~-~ ~~ter for heatiE,~~ a~3d,~or coolie{~ l:~urf+oses shall be reduced in all but the most esse~~tial facilities to tl~e extent allo~~--able in consideration of indoor air qualit}• sta«d~u~ds; «-eatf•~er conditions, ~a~d health Fund safety requirements. 3. Vi%ater service may be discc7nti~~ued or .reduced i.o desi;gnated users or in. designated portions of the C3WASi~ service al•ea in order to preserve the availability of ~h•ater for essential. public health and safety= requirements, such as fire protection, hospitals, clinics, and otter critical community needs. http://www.owasa.org/pages/2003consord.asp 5/29/2003 ~~ Orange Water and Sewer Authority Response to Comments Received During Ja les and St ndards t Meeting About Proposed Conservation Ru Irrication Issues Comment: Several suggestions were made for greater restrictions (and an exception for public playing fields) on the use of OWASA water for spray irrigation. Response: OWASA supports the irrigation restrictions as drafted, but recommends that total residential water use under a Stage 2 and Stage 3 shortage be limited to an average of 800 and 600 gallons per day, respectively, which is expected to help moderate the use of potable water for outdoor irrigation. Additionally, OWASA's proposed standards (February 19, 2003 version} include additional encouragement of water efficient landscaping, irrigation, and rainwater harvesting. Bich Water Use By Individual Customers Comment: How would OWASA enforce usage limits? Response: In general, usage limits would be monitored through OWASA's billing system. If, after due process (actual procedures have not yet been established), excessive usage were to continue, the customer's water service would be turned off. OWASA plans to implement a special Water Shortage Fee Surcharge that would substantially increase the cost of water during a declaredthSe wager Conservation Standards, OoWASA any such occurrences. For infractions of would contact the customers and ask for their cooperation, and would seek assistance from local law enforcement only if needed. Comment: OWASA should set very high rates or fines for customers who exceed established limits. Response: As noted above, OWASA will implement a special "excess use" or rate surcharge to be applied during decl efi~i water use b getheOTov ns and County may do so legal authority to levy fines for wart if they choose. Comment: How were the proposed consumption blocks for the residential inverted block rates determined? Response: These were based on the observed average consumption of 6,000 gallons per month by OWASA's residential 2002 more Bhan 600 res ~ntial acusoomers u~.sed more declared Water Shortage of July > than 30, 000 gallons of water. Orange Water and Sewer Authority f Response to Comments from the January 16, 2003 Joint Meeting Page 3 of 3 Comment: Customers need to understand OWASA's trigger points for water shortages. Cane these triggers be further defined? Response: Yes. OWASA has developed a clearer defuution and example of the shortage triggers and will provide these to the Towns and County when it transmits the new conservation standards for local consideration. Comment: How would OWASA handle water rationing during an emergency? Response: Water service could be temporarily valved offto certain portions of OWASA's distribution system in order to maintain pressure and flow to the most critical areas, such as the LJNC Hospitals. But, as reported during the January 16, 2003 joint meeting, these details haven't been developed. Comment: Greater conservation may result in higher water rates -this needs to be "squared" with the public. Response: Certain OWASA-sponsored conservation options that are still being evaluated, such as a toilet rebate program, water audits, etc., may indeed require additional funding, which could affect OWASA's annual operating budget; but, successful conservation efforts may also reduce long-term capital expenditures by slowing the rate of growth in water demand and associated facilities. These effects will be explored in further detail as OWASA budgets are developed in the coming yeazs. Comment: How does "purchased water" fit into OWASA's plans? Response: OWASA has agreements in place to buy from or sell water during emergencies to Durham, Hillsborough, and Chatham County when such water is available, but these agreements do not guarantee the provision of water during periods of prolonged drought or water shortage. OWASA's future water supply plans may include a partnership with Durham and/or Chatham County in which such guazantees might be provided under. appropriate conditions and compensation. 1 Reservoir Drawdown Frequency and Sample Trigger Levels Number of times (or percent of years) during the 77-year streamflow record in which reservoir storage would have declined to 20% or less during the following 18 months. Water Remaining in University Lake and Cane Creek Reservoirs X 100% 95% 90% 85% 80% 75°lro 70% 65% 60% 55% 50°l0 45% 40% 35°h 30% 25% IAG 3358 3190 3022 2854 2686 2519 2351 2183 2015 1847 1679 1511 1343 1175 1007 839 .~._ 2002 Reservoir Levels = Highlighted Gells Each cell of the table contains an integer and a percentage, which represent the probability that reservoir levels will decline to 20 percent or Less of full capacity during the following 18 months. These were calculated from spreadsheet model runs of 77+ years of daily streamflow data, updated through January 2003, and driven by initial reservoir storage volume at the beginning of any given month and water demand. These calculations assumed an average annual raw water demand of 9.15 mgd (adjusted by observed monthly ratios}, which was OWASA's average day demand during CY 2001 (i.e., before the drought), and after adjustment for the 10 percent process water recycle. Each row of the table corresponds to a month, and each column corresponds to a reservoir storage level at the beginning of that month. Storage is subdivided into increments of 5% and is also expressed as million gallons (MG). Colors indicate the corresponding conservation and risk levels proposed for each condition. One cell in each row is highlighted in black, representing actual reservoir storage conditions at the beginning of that month during 2002. NORM ADV #1 #2 #3 EMRG Conservation Stages and _ _ o-,x a-sx s-r~% Risk Levels ~~ ExISTING WATER G'ONSERV'ATIQN ORDINANCE SUMMARY Sear Round Conservation ti~'ater Supply Advisory Stage'One Shortage 'Stage T~~o Shortage ' Stage Three Shortage ' Water'Supply 'Emergency Moisture [No Advisory Triggered at 125 Triggered at 75 days [No Stage Three in Triggered by sensors required Stage in days of available of available supply existing ordinance] OWASA's on all newly existing supply, or by or by OWASA's determination installed ordinance] OWASA's judgment due to irrigation judgment ~ conditions (no systems ~ All irrigation limited numerical All irrigation to 1 day/week trigger) limited to 3 between dusk and days/week dawn No OWASA between dusk and ~ supplied potable dawn All irrigation limited water for any to '/Z inch per week outdoor All irrigation ~ purposes other limited to 1 inch No OWASA water than emergency per week for cleaning or fire suppression washing exterior No OWASA water building surfaces or Institutional for cleaning or paved areas customers to washing exterior (impervious reduce heating/ building surfaces surfaces) cooling load or paved areas ~ demand in all (impervious Restaurants to serve but the most surfaces) water only upon essential -- request facilities to the Restaurants to ~ maximum extent serve water only No OWASA water allowable upon request to refill ornamental -- fountains, ponds, and Water service Institutional like devices may be customers to ~ discontinued or reduce heating/ No filling, refilling, reduced to cooling load or topping off designated users demand from swimming pools or in designated lower priority except to the portions of the facilities minimum essential OWASA service for operation 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 #11 1 ~ ~~ PROPOSED WATER CONSERVATION ORDINANCE SUMMARY -APRIL, 2003 Spray Irrigation limited to 3 days/week, between 8 PM and 9 AM All irrigation limited to 1 inch per week Automatic controllers and moisture sensors required on all irrigation systems Shut-off nozzles required on all hoses Wasteful water use prohibited Leaks must be repaired within 10 days Use of reclaimed or harvested water strongly encouraged Restaurants to serve water only on request Hotels to change bed linens only on request Dishwashers and clothes washers to be operated with full loads only Use of water saving fixtures strongly encouraged Public alert about potential shortage; notice that water use restrictions may be imposed in the near future No mandatory water use restrictions Qther than year- round requirements already in place Targeted conservation education and awazeness campaign Spray Irrigation limited to 1 day/week, between 8 PM and 9AM All irrigation limited to'/z inch ~ per week Imgation by underground, drip irrigation, soaker hose§, or hand - heldhoses or watering cans may occur at any time or frequency, but limited to %z inch per week No OWASA water to refill omamental fountains, ponds and like devices No OWASA water for routine cleaning of paved surfaces such as sidewalks and roadways. Restrictions do not apply to pressure cleaning of exterior building surfaces Water use by residential customers limited to 1,000 gallons Paz ~Y No Spray Irrigation, except by persons regularly engaged in the sale of plants Irrigation by underground, drip emitters, soaker hoses, or hand- held hoses or watering cans may occur at any time or frequency, but limited to %z inch per week No OWASA water to refill ornamental fountains, ponds, etc. No vehicle washing, except at commercial or institutional car washes in which 50% of water has been recycled No OWASA water for filling or refilling empty swimming pools. Operating swimming pools may be topped off: No OWASA water for cleaning or washing exterior building surfaces or paved areas. Pressure washing of buildings prior to painting is allowed Residential use limited to 800 gallons per day No irrigation, except with hand- held hoses or watering cans, limited to 3 days per week, no more than %i inch per week No outdoor use, except for emergency fire suppression or other activities necessaryto maintain public health, safety or welfare No OWASA water to refill ornamental fountains, ponds, etc. No washing of vehicles No pressure cleaning of building exteriors No OWASA water for flushing or pressure testing new lines unless water is recycled No filling, refilling, or topping off operating swimnung pools Water for heating and cooling to be reduced to the maximum extent allowable Residential use limited to 600 gallons per day No OWASA- supplied potable water for any outdoor purposes other than emergency fire suppression or other activities necessaryto maintain public health, safety, or welfaze Water for heating and cooling to be reduced to the maximum extent allowable 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 ~a A REVISED 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 TH)H; UNINCORPORATED PART OF ORANGE COUNTY. Article I -Purpose and Definitions I. A. Purpose The purpose of this Ordinance is to: Reduce the rate of increase in overall water use through year-round water conservation practices that will help maximize the community's existi ng 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 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. I. B. Definitions The following definitions shall apply to this Ordinance unless the context clearly indicates or requires a different meaning. a~ AUTOMATIC CONTROLLER. A mechanical or electronic device capable of operating an irrigation system and its component valve stations according to a pre- determined 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. GRAYWATER. 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 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 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 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 2 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. 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 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 storm water 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 non-potable purposes as irrigation, heating/cooling, street cleaning, dust control, firefighting, and other applications that. do not require water of potable quality. 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. 3 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 1/3:2-inch) perforations or through the permeable material of its composition. SPRAY IRRIGATION. The application of water to landscaping by means of a device 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 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, driveways, or other surfaced areas, in such quantities to flow onto adjacent property or the public right-of--way. c. Water applied in sufficient quantity to cause ponding on impervious surfaces. d. Water lost through plumbing leaks that can be :readily identified and corrected. 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. 4 a~ Article II -Water Waste Prohibited II. 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 provisions of this Ordinance. Article III -Year-Round Requirements 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 irrigation shall occur only between the hours of 8:00 p.m. and 9:00 a.m. These restrictions shall not apply to properties using underground, drip irrigation, micro spray, low precipitation bubblers, hand watering, 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 (10) days of discovery and notification by OWASA. a~ 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 year-round requirements of III. A.1. a and III . A .1. b above shall not apply to the following: a. Outdoor irrigation necessary for the establishment of newly sodded lawns and landscaping within the first 30 days of planting, or watering of newly seeded turf within the first six months of planting. 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 prevent or abate health, safety, or accident hazards when alternate methods are not available. 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. III. B. Interior Use 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. 6 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 (10) days of discovery and notification by OWASA. 2. Unless superceded by the declaration of a Water Supply Shortage or Emergency, the year-round requirements of III.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. Article IV -Determination of a Water Supply Shortage or Emergency IV.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 7 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. IV. 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. T'he 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. IV. C. Natural and Man-Made 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. 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. V. A. Water Supply Advisory A Water Supply Advisory shall represent an alert to the public of a potential shortage and notification that water use restrictions may be imposed if the water supply and/or demand conditions do not improve in the near future. In the event of a declared Water Supply Advisory: 8 No mandatory water use restrictions other than year-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 Board of Commissioners of its declaration of a Water Supply Advisory. V. B. Stage One (1) Water Shortage In the event that OWASA declares a Stage One (1) 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 Ordinance applicable to a Stage One (1) 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 (10) percent: Water use by individually metered residential customer accounts and by individually metered irrigation-only accounts shall be limited to no more than an average of one thousand (1,000) gallons per day during any monthly billing cycle beginning after the declaration of a Water Supply Shortage or Water Supply Emergency and ending while such restrictions are still in effect. 2. Spray irrigation 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. 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 8:00 p.m. and 9:00 a.m. These restrictions shall not apply to the watering of containerized plants and commercial plant stock in trade. 3. Irrigation 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, but shall be limited to a maximum of one-half inch of water applied to plant material in any given week. 4. No OWASA-supplied potable water may be used to re-fill ornamental fountains, ponds, and like devices. 9 ~/ 5. No OWASA-supplied potable water may be used for the routine cleaning or washing of paved areas, such as sidewalks, decks, driveways, roadways, or parking lots. This restriction shall not apply to the pressure cleaning of exterior building surfaces. V. C. Stage Two (2) Water Shortage In the event that OWASA declares a Stage Two (2) 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 Ordinance applicable to a Stage Two (2) 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 fifteen (15) percent: 1. Water use by individually metered residential customer accounts and by individually metered irrigation-only accounts shall be limited to no more than an average of 800 gallons per day during any monthly billing cycle beginning after the declaration of a Water Supply Shortage or Water Supply Emergency and ending while such restrictions are still in effect. 2. Spray irrigation with OWASA-supplied potable water shall not be permitted, except by persons regularly engaged in the sale of plants, who shall be allowed to irrigate their commercial stock in trade. 3. 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. 4. No OWASA-supplied potable water shall be used to re-fill ornamental fountains, ponds, and like devices. 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 been recycled 6. No OWASA-supplied potable water shall be used for filling or re-filling empty swimming pools. OWASA-supplied potable water may be used to top off operating swimming pools. 7. 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 10 3a exterior building surfaces or decks prior to painting or re-painting that is necessary to protect or maintain the physical integrity of the structure. No OWASA-supplied potable water may be used for fire department training or equipment testing unless required by State or Federal regulations. V. D. Stage Three (3) Water Shortage In the event that OWASA declares a Stage Three (3) 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 Ordinance applicable to a Stage Three (3) 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 twenty (20) percent: Water use by individually metered residential customer accounts and by individually metered irrigation-only accounts shall be limited to no more than an average of 600 gallons per day during any monthly billing cycle beginning after the declaration of a Water Supply Shortage or Water Supply Emergency and ending while such restrictions are still in effect. 2. 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. 3. No irrigation with OWASA-supplied potable water shall be permitted, except via hand held hoses or watering cans. Such irrigation shall not occur more than three days each week, according to the schedule prescribed in III.A.l.a of these Standards; shall be applied to non-turf plant material only; and shall be limited to a maximum of one-half inch of water per week. 4. 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 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 may be used for pressure washing building exteriors. 11 ~~ 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. 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. V. 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 Ordinance 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 (3) 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. 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. 3. 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. Article VI -Penalties and Remedies VI. Penalties and Remedies A. A violation of any of the provisions of this Ordinance shall constitute a misdemeanor, punishable as provided in G.S. 14-4. B. A violation of any of the provisions of this Ordinance shall subject the offender to a civil penalty oftwenty-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 12 ~~ 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. C. The County may seek to enforce this Ordinance 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 Ordinance by using any one or a combination of the foregoing remedies. Article VII - 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. Article VIII -Effect on Other Laws; Effective Date VIII.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 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. AN INTERIM ORDINANCE PROVIDING FOR THE YEAR-ROUND CONSERVATION OF WATER AND FOR TEMPORARY RESTRI(:TIONS 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. VIII.B. Effective Date This Ordinance shall become effective upon adoption. Adopted this _ day of , 2003. Upon motion of Commissioner ,seconded by Commissioner , the foregoing Ordinance was adopted this the day of _, 2003. Ayes: 13 Noes: lsg:orangecounty\Conservation Ordinance Final.doc 35 14