Chapter 13.113
WATER CONSERVATION
Sections:
13.113.030 Policies and procedures.
13.113.010 Purpose.
It is in the public interest to promote the conservation of the city’s water supply in order to protect the health, welfare and safety of water users. To accomplish this declared purpose, the city reserves the right to exercise its police powers through emergency measures as set forth in this chapter. (Ord. 10-09 § 1, 2010)
13.113.020 Authority.
The public works director, when necessary for the protection of the public health, safety and welfare, shall have the authority to declare various stages of water emergencies and to implement the water conservation measures set forth in this chapter. The public works director shall also have authority to determine whether the various stages of water emergencies and water conservation measures apply to the entire city water service area or to such portions as the declared stage shall apply, and to determine the duration for which the declared stage and its limitations and restrictions shall be in effect. (Ord. 10-09 § 2, 2010)
13.113.030 Policies and procedures.
The following policies and procedures shall apply during the various stages of water emergencies as set forth in this section:
A. Stage I—Anticipated Water Shortage—Internal Preparations. The public works director may declare a Stage I water emergency when a water shortage is anticipated but not immediate. From June 1st through October 31st, the public works director shall conduct public education efforts regarding the benefits and necessity of conservation by the public.
B. Stage II—Serious Water Shortage—Voluntary Conservation. The public works director may declare a Stage II water emergency when a water shortage exists such that immediate voluntary reductions in consumption are necessary due to an unforeseen reduction in water supply and/or weather forecasts predict an extended high temperature event of ninety degrees or higher lasting five or more days. The public works director shall conduct an intensified public information campaign and shall institute a voluntary odd/even residential, commercial, industrial, and governmental alternate-day irrigation program. The city shall reduce usage for designated park irrigation systems that do not affect sports fields.
C. Stage III—Critical Water Shortage—Limited Outdoor Restrictions. The public works director may declare a Stage III water emergency when a water shortage exists such that water supplies are insufficient to meet demand resulting in the inability to replenish water storage reservoirs to an acceptable level. The public works director may, with the city manager’s authorization, institute mandatory water usage such that residential, commercial, industrial, irrigation and governmental customers shall water lawns and landscaping on alternate days only, as follows:
1. All such customers with a street address ending in an even number shall water on even-number days, and all such customers with a street address ending in an odd number shall water on odd-number days.
a. The limitations set forth in this section shall not apply to hand watering of flower pots and baskets and vegetable gardens.
b. Upon written request from the customer, the public works director may grant an exemption from the alternate-day watering restrictions for new lawns or landscaping, or other special circumstances such as the use of SMART irrigation controllers.
c. For any initial violation of this section, the customer shall be given a written notice of violation and shall have ten days to make corrections to its watering schedule. Subsequent violations shall be punished in accordance with BGMC 13.113.050.
2. Upon the declaration of a Stage III water shortage emergency, the finance director may impose a rate surcharge of ten percent on all water used by customers with stand-alone irrigation meters and on residential consumption of greater than two thousand one hundred cubic feet per month, without further city council action. All appeals shall be processed in accordance with Chapter 13.105 BGMC. If the surcharge is not sufficient to resolve the crises, the public works director has the authority to declare that the following nonessential uses of water may be regulated on all properties connected to the city’s water system, whether inside or outside of the city:
a. Prohibition of washing sidewalks, walkways, driveways, parking lots, patios, and other exterior paved areas by direct hosing, except as may be necessary to prevent or eliminate materials dangerous to the public health and safety;
b. Escape of water through breaks or leaks within the customer’s plumbing or private distribution system for any period of time beyond which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of forty-eight hours after the customer discovers a leak or break, or receives notice from the city of such leak or break, whichever occurs first, is a reasonable time in which to correct the same;
c. Noncommercial washing of privately owned motor vehicles, trailers, and boats, except from a bucket or hose using a shutoff nozzle for quick rinses. Commercial washing of motor vehicles, trailers, and boats, etc., will only be allowed with the use of recycled water systems in place;
d. Prohibition of lawn sprinkling and irrigation which allows water to run off or overspray the lawn area. Every customer is deemed to have knowledge of and control over his or her lawn sprinkling and irrigation at all times;
e. Prohibition of sprinkling and irrigation of lawns, ground cover, or other plants, between the hours of 9:00 a.m. and 6:00 p.m. or on any day not authorized by the established rotation schedule;
f. Such other uses as the public works director deems appropriate.
D. Stage IV—Emergency Water Shortage—Mandatory Outdoor Restrictions and Indoor Conservation. The public works director, with the city manager’s authorization, may declare a Stage IV water emergency when a water shortage exists such that water levels within water storage reservoirs drop down below the level of adequate fire flow. Water available to the city is insufficient to permit any irrigation, watering or sprinkling, and all available water is needed solely for human consumption, sanitation and fire protection. The public works director may prohibit all nonessential uses of water, including, but not limited to, all vehicle washing, all lawn watering, and all of the uses that may be prohibited for a Stage III water emergency. The public works director shall disseminate information using every available means to encourage customers to reduce indoor water usage to the maximum extent possible. Upon the public works director’s declaration of a Stage IV water shortage emergency, the finance director may impose a rate surcharge of ten percent on residential consumption of greater than one thousand three hundred cubic feet per month and a rate surcharge of fifteen percent on residential consumption of greater than one thousand five hundred cubic feet per month, without further city council action. All appeals shall be processed in accordance with Chapter 13.105 BGMC.
E. Stage V—Regional Disaster—Water Rationing. In the event of a major catastrophe affecting the regional water supply, the city manager, in conjunction with Chapter 2.74 BGMC and the city of Battle Ground emergency management plan, may declare a Stage V regional disaster water emergency when a water shortage exists such that water rationing must be implemented and emergency water distribution may be necessary for customers without water. The public works director is authorized to restrict water use by rationing the amount of water used by residential users to a certain number of gallons per day per person residing within the dwelling unit, by rationing the amount of water used by nonresidential users based on a percentage of their historical usage as calculated by the city, and by any other type of rationing as the public works director deems necessary and appropriate in the circumstances.
F. Implementation Requirements. Prior to the implementation and enforcement of any of the above stages, the public works director shall take reasonable efforts to have information disseminated to affected customers and city council regarding the rationing plan, which shall include, at a minimum, publication in the official newspaper of the city at least once, not less than one week in advance of the effective date of the declaration, information of the declaration of the applicable stage, a description of the limitations and restrictions that would apply, and identification of the effective date of the declared stage and limitations and restrictions. Notwithstanding the publication requirements set forth in this chapter, if it is determined by the public works director that exigent circumstances exist that necessitate immediate implementation and enforcement of any particular stages of water emergency, notice to affected customers may be provided by personal service of the notice on such customers, or by posting notices at the customers’ residences (if the customers’ residences are the affected sites), or by posting notices at the locations where the customers’ utility services are received (if the affected sites are not their residences). (Ord. 10-09 § 3, 2010)
13.113.040 Variances.
The public works director may grant temporary variances for the prospective use of water otherwise prohibited by this chapter. Such temporary variances shall be in writing and shall be based on a determination by the public works director that, due to unusual circumstances, application of this chapter would cause an extraordinary hardship adversely affecting the health, sanitation, or fire protection of the applicant or the public. The public works director’s determination shall be final unless appealed as follows: a party adversely affected by the public works director’s determination may appeal the determination to the city manager within twenty-four hours of the public works director’s determination or such later time as the city manager may designate. The city manager’s determination shall be final and nonappealable. The twenty-four-hour period shall exclude Saturdays, Sundays and legal holidays. (Ord. 10-09 § 4, 2010)
13.113.050 Penalties.
Violations of this chapter shall be punishable as follows:
A. During a Stage III through Stage V water shortage declaration, a violation of any provision of this chapter shall be a civil infraction as provided for by RCW 7.80.120(1)(a). The monetary penalty for each violation per day or portion thereof shall be as follows:
1. First Violation. The public works director will issue a written warning and deliver a copy of this chapter by mail;
2. Second Violation. A second violation within the preceding twelve calendar months is punishable by a fine as follows: for residential not to exceed fifty dollars; for commercial and industrial not to exceed one hundred dollars;
3. Third Violation. A third violation within the preceding twelve calendar months is punishable by a fine as follows: for residential not to exceed one hundred dollars; for commercial and industrial not to exceed two hundred dollars;
4. Fourth Violation. A fourth violation within the preceding twelve calendar months is punishable by a fine as follows: for residential not to exceed two hundred dollars; for commercial and industrial not to exceed four hundred dollars;
5. Each additional violation beyond four violations within the preceding twelve calendar months is punishable by a fine as follows: for residential not to exceed four hundred dollars; for commercial and industrial not to exceed eight hundred dollars;
6. Discontinuing Service. In addition to any fines, the city may disconnect a customer’s water service for willful violations of mandatory restrictions in this chapter.
B. During a Stage IV and/or Stage V water shortage declaration, a gross violation may be charged as a misdemeanor punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety days, or a fine in an amount fixed by the court of not more than one thousand dollars, or both such imprisonment and fine. Using any lawful means, the city may enter upon the subject property and may remove or correct the condition which is subject to abatement. The city may seek such judicial process as it deems necessary to effect the removal or correction of such condition.
C. Recovery of Costs and Expenses. The costs, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and/or the owner, leaser, tenant or other person entitled to control, use and/or occupy the property and shall become due and payable to the city within ten calendar days. The term “incidental expenses” includes but shall not be limited to personnel costs, both direct and indirect, including attorney’s fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. (Ord. 10-09 § 5, 2010)
13.113.060 Enforcement.
The public works director or designee, code enforcement officers of the building division of the planning department, finance director, and sworn law enforcement officers of the city shall have the authority to enforce the appropriate provisions of this chapter. (Ord. 10-09 § 6, 2010)
13.113.070 Severability.
If any section, sentence, clause or phrase of this chapter is ruled invalid by a court of competent jurisdiction, the remaining portion of this chapter shall remain valid and in full force and effect. (Ord. 10-09 § 7, 2010)
13.113.080 Effective date.
The effective date shall be thirty days after passage by the city council and shall be published according to law. (Ord. 10-09 § 8, 2010)