Chapter 13.12
WATER USE EFFICIENCY AND USE GUIDELINES
Sections:
13.12.010 Purpose and scope.
13.12.020 Definitions.
13.12.030 Prohibitions and limitations.
13.12.040 Water use guidelines.
13.12.050 New development.
13.12.060 Residential remodeling.
13.12.070 Appeals.
13.12.080 Responsibility of customers, employers, property managers and contractors.
13.12.090 Civil fines authorized.
13.12.100 Violations—Penalties.
13.12.110 Remedies not exclusive.
13.12.010 Purpose and scope.
This chapter adopts regulations to deal with the limited supply of water which the city council has found to exist. (Ord. 04-2 (part): Ord. 01-11 § 2 (part): prior code § 18.40)
13.12.020 Definitions.
The following terms are defined for the purpose of this chapter:
“Customer” means the person responsible for paying for each water service account on the water enterprise’s water distribution system, both inside and outside the city limits.
“Domestic use” means any treated water used by a person for cooking, cleaning, bathing, washing clothes, drinking and sanitation.
“Efficient” means performing or conducting effectively with a minimum of waste, expense, or water use as set forth by the U.S. Environmental Protection Agency.
“New development” means any of the following construction projects that have not received a certificate of occupancy from the city or county building department prior to September 13, 1994, or that was issued a building permit and did not construct a foundation prior to September 13, 1994:
1. Any freestanding building that contains water-using fixtures;
2. Any floor area additions to existing nonresidential structures;
3. Any residential additions or remodeling that increases the number of independent living units.
“Person” means any individual, firm, partnership, association, corporation, company, organization or governmental agency.
“Retrofit” means to replace all toilets, showerheads and faucet aerators in the building not complying with the flow regulations as stated in this chapter.
“Ultra-low flush (ULF) toilet” means any toilet which uses no more than 1.6 gallons per flush and meets performance standards established by the American Society of Mechanical Engineers Standard A112.19.2.M.
“Water” means any treated water that is supplied by the city’s water enterprise water distribution system unless otherwise indicated. (Ord. 04-2 (part): Ord. 01-11 § 2 (part): prior code § 18.41)
13.12.030 Prohibitions and limitations.
A. No customer or person shall waste water. As used in this chapter, the term “waste” means:
1. Use of water for decorative fountains where the water is not recirculated and including use of fountains during Phases II through V water shortage emergencies as described in Section 13.04.220 and following;
2. Washing cars, boats, trailers, aircraft or other vehicles by hose without a shutoff nozzle except commercial or fleet vehicle washing facilities operated at fixed locations;
3. Watering lawns or gardens in a manner which results in runoff in gutter or other waterway, or excessive overspray of patio, driveway, walk or street;
4. Withdrawing water from fire hydrants, except for fire fighting, fire fighting training, and water system maintenance purposes;
5. Use of water for cleaning streets during or following construction activities; flushing storm drains; and flow testing for fire sprinkler design except as approved by city director of public works;
6. Washing sidewalks, walkways, driveways, parking lots, and other hard-surfaced areas by direct hosing when runoff directly flows into a gutter or storm drain;
7. Use of potable water for grading, dust control, street, pipeline or similar construction.
B. In emergency situations only, water for hauling may be supplied at a city designated location upon prior approval from the water department. Tanker trucks hauling for domestic use must be certified to carry potable water. Hauled water may be supplied to existing customers only.
C. All projects for which the planning department requires approved landscape plans must adhere to the city’s xeriscape standards in order to obtain plan approval.
D. Draining and refilling of swimming pools shall be permitted only as needed for the purpose of pool repair or to correct a severe chemical imbalance. Draining and refilling of decorative ponds and lakes shall be permitted only as needed for the purpose of lining the bottom to prevent absorption.
E. All new or replacement industrial and commercial clothes washers shall be high efficiency as defined by the U.S. Environmental Protection Agency. All new or expanded car washing facilities shall include water-saving methods. (Ord. 04-2 (part): Ord. 01-11 § 2 (part): prior code § 18.42)
13.12.040 Water use guidelines.
All persons are encouraged to use the following water use efficiency guidelines:
A. Establish procedures in the home and business to recycle water where possible;
B. Install water-saving devices in existing facilities including low flow showerheads, faucet aerators, ULF toilets, and appliances;
C. Refrain from additional irrigation and unnecessary use of water, such as car washing, when the temperature exceeds ninety (90) degrees Fahrenheit;
D. All customers are encouraged to limit the expansion or installation of new water-using appliances, plumbing or improvements, such as lawns, landscaping, pools, sprinkler irrigation systems, wash-down equipment, larger washing machines or garbage disposal units. In the event that a new water-using appliance is necessary, installation of water efficient automatic dishwashers and clothes washers is encouraged;
E. All persons are encouraged to place an increased emphasis on fire protection;
F. All schools, social and professional groups, churches, etc., are encouraged to discuss water conservation as a regular agenda item and to forward worthwhile suggestions to the department for consideration and implementation;
G. All public facilities are encouraged to establish the following water program: hand watering for all plants and shrubs, shutoff nozzle on hoses used for hand watering, maintenance watering of lawns and fields a maximum of forty (40) minutes per week, night watering of fields and lawns between seven p.m. and eight a.m.;
H. Restaurants shall be encouraged to supply water to patrons only upon request. (Ord. 04-2 (part): Ord. 01-11 § 2 (part): prior code § 18.43)
13.12.050 New development.
A. All new development shall apply the following water use efficiency measures, as applicable:
1. Installation of ultra-low flush (ULF) toilets, low flow showerheads and faucet aerators;
2. Installation of water efficient hot water instantaneous dispensing systems;
3. Installation of swimming pool covers.
Except as allowed in subsections B and C in this section, new development shall completely offset its water requirement by installing city-approved ULF toilets and associated water-efficient hardware in a sufficient number of existing homes or nonresidential properties having toilets that use greater than 1.6 gallons per flush.
B. If the city council determines that actual retrofitting of existing residential or nonresidential buildings is impractical or constitutes an unusual hardship on an applicant, it may authorize the payment to the city of an in-lieu retrofit fee equivalent to the cost of retrofitting a sufficient number of existing homes with the ULF toilets and other required water-saving devices as described in subsection E of this section. The in-lieu fee shall also include the cost of staff time to accomplish the required retrofitting using the fees collected. The in-lieu fee may be established by resolution. The public works department is authorized to require retrofitting and not accept in-lieu retrofit fee, regardless of hardship, if it appears likely that existing home retrofitting prior to the expected occupancy by the new development can be completed. In the event that an in-lieu fee is accepted, the city will administer a rebate program to retrofit existing homes using the fees collected or may use the fees for another water use efficiency purpose as approved by the council. In-lieu fees must be paid upon issuance of a building permit.
C. In place of or in combination with retrofitting and/or payment of an in-lieu retrofit fee as allowed in subsections A and B of this section, an applicant may petition the city council to allow an alternative innovative method of mitigating water use for new development.
D. All structures that are retrofitted with toilets shall also be retrofitted with the following water-saving devices, as applicable: showerheads emitting no more than 2.5 gallons per minute, interior faucet aerators that emit no more than 2.2 gallons per minute, urinals that use no more than 1.0 gallon per flush.
E. If a developer of residential units elects to retrofit existing residential units, the number (rounded to the next unit) a developer will be required to retrofit per single-family unit is as follows:
|
1. |
Single-family detached |
5.0 per unit |
|
2. |
Condominium/townhouse/duplex |
4.0 per unit |
|
3. |
Apartment (three units or more) |
3.5 per unit |
|
4. |
Mobilehome |
3.5 per unit |
|
5. |
Guest homes/second dwelling unit |
3.5 per unit |
F. The developer shall be responsible for identifying residential or nonresidential properties eligible for retrofitting and verify to the department of public works that the required number of retrofits have been completed prior to the issuance of a certificate of occupancy. If the certificate of occupancy has been issued without completion of the retrofit requirement, in-lieu fees will be retained by the city. In-lieu fees will be maintained in a separate account and administered by the director of public works for water use efficiency program elements.
G. Nonresidential projects will have their water demand evaluated during the project review or use permit review stage by the director of public works. They will be required to mitigate their water demand through off-site retrofitting according to a schedule of water use factors.
H. All new development shall use toilets and associated flush-o-meter valves, if any, which use no more than 1.6 gallons per flush and which meet performance standards established by the American Society of Mechanical Engineers Standard A112.19.2.M. and urinals and associated flush-o-meter valves, if any, which use no more than 1.0 gallon per flush and which also meet the above performance standards.
I. In the city, building permits, certificates of occupancy and/or water connections can be withheld pending compliance with these regulations. In the county, water service from the city of St. Helena water enterprise shall require a water agreement limiting water use and can be withheld pending compliance. (Ord. 04-2 (part): Ord. 02-5 § 18 (part): Ord. 01-11 § 2 (part): prior code § 18.44)
13.12.060 Residential remodeling.
Residential remodeling will trigger a retrofit of the remodeled residence only if the remodeling involves work that would increase water use (determined by the director of public works), such as adding or remodeling a bathroom, adding a bedroom, granny unit, hot tub, spa, pool, or laundry. Remodeling that does not increase water use, such as reroofing, adding a family room, or increasing the size of a room would not trigger a retrofit unless the remodel exceeds twenty-five percent (25%) of the total valuation of the building as determined by the building official. (Ord. 04-2 (part): Ord. 01-11 § 2 (part): prior code § 18.45)
13.12.070 Appeals.
Exceptions to the above allocations and prohibitions may be made for the protection of public health or safety or undue hardship. Any exceptions are subject to the following requirements and procedures:
A. Any person who wishes to make an appeal shall do so in writing by using the form provided by the water department.
B. The appeal shall be reviewed by the director of public works or his or her designee or designees.
C. It must be shown that there are no alternatives to the use of city water and that all appropriate conservation measures are being used.
D. Verification may be required of any condition/situation listed on the application for exception.
E. The decision of the director of public works may be appealed to the city council within ten (10) days.
F. The decision of the city council will be final.
(Ord. 04-2 (part): Ord. 01-11 § 2 (part): prior code § 18.46)
13.12.080 Responsibility of customers, employers, property managers and contractors.
A. Every customer who has requested city water service is responsible for civil penalties for water waste whether or not the acts of water waste are committed by that person or third parties. The civil penalty may be reduced or discharged if the water waste was beyond the control of the customer and if all reasonable means had been previously taken to prevent water waste. All reasonable means includes, but is not limited to, securing hose bibs, written warnings to tenants or other water users, and amendments to rental agreements where permitted by the lease.
B. Every employer is responsible for civil penalties for acts of water waste committed by employees if the employer shows gross negligence.
C. Every property manager is responsible for civil penalties for acts of water waste resulting from irrigation prohibited by this chapter if the property manager shows gross negligence.
D. Every licensed contractor or development owner is liable for acts of water waste committed on the job site. (Ord. 04-2 (part): Ord. 01-11 § 2 (part): prior code § 18.47)
13.12.090 Civil fines authorized.
A. Acts of water waste and other acts prohibited by this chapter are subject to civil fines as prescribed in this section. Any person receiving an administrative citation may appeal it within ten (10) business days from the date the citation was issued. The notice of appeal for administrative citations must be made in writing and filed in the public works department.
B. Civil fines are payable at City Hall. Fines must be paid within ten (10) business days. If an appeal is filed, the bail for the fine must be paid within the ten (10) days.
C. The finance department is authorized to collect all unpaid civil fines. (Ord. 04-2 (part): Ord. 01-11 § 2 (part): prior code § 18.48)
13.12.100 Violations—Penalties.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Ord. 04-2 (part): Ord. 02-5 § 18 (part): Ord. 01-11 § 2 (part): prior code § 18.50)
13.12.110 Remedies not exclusive.
Remedies herein are not exclusive. In addition to the remedies set forth in this chapter, the remedies established by Section 18.04.130 are also available to the city. (Ord. 04-2 (part): Ord. 01-11 § 2 (part): prior code § 18.51)