Chapter 15.74
WATER SHORTAGE RESPONSE PLAN
Sections:
15.74.020 Declaring an emergency.
15.74.030 Stages of water shortage emergency.
15.74.010 Definitions.
For purposes of this chapter, the following terms shall have the following definitions:
(1) “City” is defined as the city of Longview.
(2) “Conservation” is defined as the voluntary reduction of use of potable water by customers.
(3) “Customer” means any individual, firm, organization, partnership, association, trust, company, business, corporation, public entity, political entity, or any agent thereof, that requests or receives water on a retail or wholesale basis within the city of Longview’s water system service territory.
(4) “Dormant” means alive but not actively growing; a state of minimal metabolic activity with cessation of growth.
(5) “Director” means the director of the city of Longview’s public works department, and/or public works staff designated by the director to carry out required activities.
(6) “Health and sanitation” includes use of water for: human consumption; bathing; personal hygiene; cooking; washing dishes and cooking equipment; cleaning equipment or surfaces for purposes of protecting human health; flushing toilets; medical, dental or veterinary procedures; sanitizing medical equipment and facilities, including clinics, hospitals, doctors’ offices, dentists’ offices and veterinary offices; and/or watering pets or livestock.
(7) “LMC” means the Longview Municipal Code.
(8) “Manager” means the city manager of the city of Longview as defined in LMC 15.40.020.
(9) “Potable water” means water that has been disinfected and otherwise treated to meet all federal and state drinking water laws and regulations as set forth by the Safe Drinking Water Act and the U.S. Environmental Protection Agency.
(10) “Salvaged potable water” means water that has not been used, but would normally be discharged to the wastewater system. For example, this includes water that is run while waiting for hot water to warm up at a sink, shower, or bathtub.
(11) “Waste” means discharge of potable water with no intended use, or loss of water ancillary to an intended use when such loss could be controlled with readily available technology or common practices associated with the use.
(a) Waste includes but is not limited to: (i) failure to repair a controllable leak, including a broken sprinkler head, a leaking valve or pipe, a broken pipe, or a leaking faucet; (ii) irrigation uses that allow water to run off a vegetated area and form a flow of water on an impervious surface for a distance of 50 feet or greater or to discharge to a storm drain or surface water body; (iii) irrigation uses that allow water to accumulate on an impervious surface to a depth of one-quarter inch or greater; (iv) running a garden hose longer than five minutes without putting the water to use.
(b) However, waste does not include the following:
(i) Flow resulting from temporary failures or malfunctions of water, plumbing or irrigation systems, where such failures are controlled or repaired as quickly as possible;
(ii) Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities;
(iii) Water applied as a dust control measure as required by local, state or federal laws or regulations or associated permits;
(iv) Water applied to abate spills of flammable or otherwise hazardous materials, where water is the appropriate control method;
(v) Water applied to prevent or abate health, safety or accident hazards when alternate methods are not readily available;
(vi) Flow resulting from routine inspection, repair or maintenance of the municipal water supply system;
(vii) Flow resulting from routine inspection or maintenance of irrigation systems;
(viii) Water used for construction or maintenance activities where the application of water is the standard methodology and no other practical or economical alternative exists.
(12) “Water” means any treated and potable water used in the city of Longview water system service area.
(13) “Water service area” means the geographical area being served water by the city of Longview, including retail customers; and wholesale customers or owners, where a formal agreement is in place to serve treated water.
(14) “Water shortage” is defined as the condition where the demand for potable water from the city of Longview and Cowlitz PUD treatment facilities and distribution systems is exceeded by the ability of the treatment facilities and distribution system to meet that demand, and the storage facilities are unable to refill within 24 hours to meet the demand for water. (Ord. 3002 § 1, 2007).
15.74.020 Declaring an emergency.
Upon a finding by the manager, or his/her designee, that a potable water shortage exists or is imminent, or that any other situation exists that threatens seriously to disrupt or diminish the municipal water supply, the manager has the authority to declare an emergency condition exists and direct the director to implement any or all of the actions as outlined in LMC 15.74.030 and 15.74.040 for the period of the defined emergency within the city of Longview water system service area. (Ord. 3002 § 1, 2007).
15.74.030 Stages of water shortage emergency.
Upon a declaration by the manager that an emergency condition exists, as provided in LMC 15.74.020, the manager shall declare the degree of emergency and identify the applicable stage. The director shall determine appropriate demand reduction target(s), in relation to the supply shortage experienced or expected. Such stages shall be:
(1) Stage 1. The following measures shall apply:
(a) The director shall provide a water shortage emergency public notification in the city’s water service area. The notification requires city water system users utilizing city water for irrigation to conform to the following landscape-watering schedule:
(i) Even-numbered addresses water on even-numbered days.
(ii) Odd-numbered addresses water on odd-numbered days.
(iii) Irrigation watering shall be allowed only between the hours of 4:00 a.m. to 7:00 a.m. and 7:00 p.m. to 11:00 p.m.
(iv) Customers shall be requested to use the minimum quantity of water needed to maintain landscapes in a healthy, nondormant condition.
(v) Use of salvaged water shall conform to these restrictions.
(b) Restaurants are prohibited from serving water to customers except upon request.
(c) The director shall determine demand reduction targets and disseminate water conservation guidelines for both indoor and outdoor use to all customers within the city’s water service area, and request voluntary water use reduction suitable to meet the defined demand reduction target(s).
(d) The director shall activate a communication plan using appropriate resources such as the news media, the city’s web site, newsletters, and/or other methods, to provide information to the public informing them of the emergency conditions, the reduction targets, and means of reducing water usage for different customer categories and end uses.
(e) The director shall make emergency water supply interties with adjacent water systems and/or suppliers ready to supplement the available water supply if necessary.
(f) No person shall waste water, as defined in LMC 15.74.010.
(g) Notwithstanding the prohibited uses identified above, the following uses of water are permitted under Stage 1:
(i) New Plantings. Newly planted flowers, plants, shrubbery, groundcover or trees may be hand watered any day of the week if the watering done is the minimum needed to sustain plant life.
(ii) Commercial Nurseries. Commercial nurseries may water bedding plants on any day of the week between 4:00 a.m. and 11:00 p.m. if the plant is in a container pot of four inches or smaller; and if the temperature is 80 degrees or higher, and if the watering is done by hand; or if water waste by overspray and overflow is kept to a minimum, and if the watering done is the minimum needed to sustain plant life. This exception is allowed as plants in small containers experience higher rates of evaporation and may be unable to sustain life during warmer weather.
(iii) Children. Water may be used on any day of the week, including but not limited to hoses and sprinklers, to cool off children if the temperature is 80 degrees or higher and the children are actively involved in the water, the water activity is supervised, water waste by overspray and overflow is kept to a minimum, and the water use occurs no more than one hour per day. This exception is allowed as day care providers may be prohibited by the State Department of Health from using wading pools.
(2) Stage 2. All restrictions identified in Stage 1 shall apply during Stage 2, except as further restricted under Stage 2. In addition, the following restrictions and measures shall apply:
(a) The director shall review water use data for the 25 largest water using customers and communicate directly with such customers with a request to achieve voluntary water use reductions to meet the defined demand reduction target(s).
(b) Operation and introduction of water into an ornamental fountain is prohibited.
(c) Washing of streets, sidewalks, driveways, or decks is prohibited, except as necessary for public health and safety.
(d) Washing of buildings, fences and windows is prohibited. However, such washing is permitted if:
(i) It was contracted prior to declaration of the Stage 2 emergency; or
(ii) It is required in order to prevent an imminent damage to property; or
(iii) To allow for painting or other maintenance that cannot be deferred; or
(iv) For window washing, if washing is performed using a bucket and hand tools rather than spray equipment.
(e) Filling of privately owned swimming pools, spas, ponds, and artificial lakes is prohibited, except as needed to prevent physical damage to these facilities or associated equipment, and fish and wildlife.
(f) Washing of any vehicles or boats is prohibited, unless at a vehicle washing facility equipped with water recycling equipment.
(g) The director shall provide information to restaurants, hotels and motels informing them of means of reducing indoor water uses and assisting them to inform customers of the need for demand reductions.
(h) Exceptions to prohibited uses identified under Stage 1 are rescinded under Stage 2. However, notwithstanding the prohibited uses identified above, the following uses of water are permitted under Stage 2:
(i) Commercial Nurseries. Commercial nurseries may water bedding plants on any day of the week between 4:00 a.m. and 11:00 p.m. if the plant is in a container pot of four inches or smaller; and if the temperature is 80 degrees or higher, and if the watering is done by hand; or if water waste by overspray and overflow is kept to a minimum, and if the watering done is the minimum needed to sustain plant life. This exception is allowed as plants in small containers experience higher rates of evaporation and may be unable to sustain life during warmer weather.
(ii) Children. Water may be used on any day of the week, including but not limited to hoses and sprinklers, to cool off children if the temperature is 80 degrees or higher and the children are actively involved in the water, the water activity is supervised, water waste by overspray and overflow is kept to a minimum, and the water use occurs no more than one hour per day. This exception is allowed as day care providers may be prohibited by the State Department of Health from using wading pools.
(iii) Fire, Health, and Sanitation. Where there is a demonstrable need in order to meet public health or safety requirements, such as to alleviate immediate fire, health, or sanitation hazards or any other mandates of the Washington State Departments of Health or Ecology.
(iv) Dust Control. For dust control to meet air quality requirements under local, state or federal law or associated regulations.
(v) Window washing with a bucket and sponge.
(vi) Building Repair/Painting. Power washing of buildings, roofs and homes, prior to painting, repairing, remodeling or reconstruction, and not solely for aesthetic purposes.
(vii) Washing of Vehicles. Where the health, safety and welfare of the public is contingent upon frequent vehicle cleaning, such as to clean garbage trucks, and vehicles that transport food and other perishables or vehicles transporting sick or injured persons such as ambulances, or otherwise required by law.
(3) Stage 3. All restrictions identified in Stages 1 and 2 shall apply during Stage 3, except as further restricted under Stage 3. In addition, the following restrictions and measures shall apply:
(a) All persons are prohibited from using water from the city of Longview water system for irrigation, except for minimum quantities needed to preserve landscape and turf plant life in a dormant condition.
(b) The manager shall set a mandatory nonirrigation water use reduction level of up to 20 percent for all customers, as compared to each customer’s average water use during the nonirrigation months of November through March in the most recent previous period without water shortage restrictions. Based on quantity of water use, certain commercial, industrial, and other significant water users may be required to reduce their water use by an amount greater than that required of other customers.
(c) All swimming pools, wading pools, splash facilities, and similar recreational facilities shall be closed and not filled or their water levels maintained.
(d) All activities receiving water from a city hydrant are prohibited from using water for any purpose other than those required for fire fighting or by regulatory agencies for health and sanitation reasons. The director shall temporarily suspend all other permits for use of hydrants and shall not issue any new permits.
(e) Exceptions to prohibited uses identified under Stage 2 are rescinded under Stage 3. However, notwithstanding the prohibited uses identified above, the following uses of water are permitted under Stage 3. However, the director may modify the exceptions as needed to achieve the goals of this chapter.
(i) Household Food Production. Domestic or community food gardens may be watered according to the schedule and time restrictions described under Stage 1, at minimum quantities needed to ensure food production for human use.
(ii) Fire, Health, and Sanitation. Where there is a demonstrable need in order to meet public health or safety requirements, such as to alleviate immediate fire, health, or sanitation hazards.
(iii) Minimum Residential Use. Single-family and multifamily residential customers using less than 400 cubic feet of water per month per customer or per housing unit shall be exempt from the requirement to reduce nonirrigation use.
(4) Stage 4. All restrictions identified in Stages 1 through 3 shall apply during Stage 4, except as further restricted under Stage 4. In addition, the following restrictions and measures shall apply:
(a) All irrigation and outdoor use of water from the city water system is prohibited.
(b) The manager shall set a mandatory nonirrigation water use reduction level of 20 percent or greater for all customers, as compared to each customer’s average water use during the nonirrigation months of November through March in the most recent previous period without water shortage restrictions. Based on the quantity of water use, certain commercial, industrial, and other significant water users may be required to reduce their indoor water use by an amount greater than required of other customers.
(c) All commercial, industrial, and institutional customers shall eliminate water usage, except for health and sanitation, and fire protection. However, the director may make exceptions, if appropriate, given the severity of the supply shortage experienced or expected. The director shall communicate directly with the city’s largest water-using customers, review their water use and verify compliance with the mandatory water use reductions.
(d) Exceptions to prohibited uses identified under Stage 3 are rescinded under Stage 4. However, notwithstanding the prohibited uses identified above, the following uses of water are permitted under Stage 4. The director may modify the exceptions as needed to achieve the goals of this chapter.
(i) Fire, Health, and Sanitation. Where there is a demonstrable need in order to meet public health or safety requirements, such as to alleviate immediate fire, health, or sanitation hazards.
(ii) Minimum Residential Use. Single-family and multifamily residential customers using less than 400 cubic feet of water per month per customer or per housing unit shall be exempt from the requirement to reduce nonirrigation use.
(5) Should the above measures fall short of maintaining enough water supply for the basic functions of health, sanitation and fire protection, the manager is authorized to implement further mandatory water use reductions as necessary.
(6) Notice shall be given advising water customers that the potable water curtailment and rationing program is to be implemented. For Stage 1 conditions, at a minimum, such notice shall be published at least two days in the official newspaper of the city as defined in LMC 1.20.010, and shall contain a description of the programs, the effective date and time of implementation, and penalty for violation. For Stage 2 conditions such notice shall be published for at least one day. For Stages 3 and 4 conditions, notification shall be by the most expedient means possible with a follow‑up published if the Stages 3 or 4 conditions are expected to last more than three consecutive days. Assistance of other local media will be sought throughout the duration of the water shortage in an attempt to advise water customers further; however, such additional media assistance shall not be deemed a condition precedent to effectuating the program on the date and time specified.
(7) Notice of cessation of the water shortage shall be given by publication in the official newspaper of the city as defined in LMC 1.20.010, provided, however, that notice of cessation need only be published one time. (Ord. 3002 § 1, 2007).
15.74.040 Enforcement.
The city may read any customer’s meter at any time to assist with implementing voluntary and/or mandatory water use reductions and determining compliance by the customer.
The following mechanisms for enforcement shall be implemented in the following order:
(1) Notice of Warning. For a first violation of a requirement of LMC 15.74.030, the director or his/her designee shall send a notice of warning to the customer. A notice of warning shall be in writing, shall specify the violation and the relevant section of this code, and shall outline compliance measures. The notice of warning shall be delivered to the customer either personally, by the leaving of a notice in a conspicuous location at the customer’s address or at the location of the water use if not the customer’s address, by officer or substitute service, by normal mail, by certified mail, or by registered mail, return receipt requested.
(2) Notice of Violation – Surcharge on Water Bill. For violation of each restriction or banned water use, a customer will receive one notice of warning prior to receiving a notice of violation. A notice of violation of LMC 15.74.030 shall be in writing, shall specify the violation, may require compliance measures, shall assess a water use surcharge that is applied to the customer’s water bill, and shall be delivered to the customer either personally, by leaving of a notice in a conspicuous location at the customer’s address or at the location of the water use if not the customer’s address, by officer or substitute service, by normal mail, by certified mail, or by registered mail, return receipt requested. Such surcharge, if not paid, can be applied as a lien for nonpayment of water service, as per LMC 15.56.010.
(a) Each separate occasion in which a violation occurs shall be considered a separate violation. No more than one violation per restricted or banned use per day shall be issued, except that no more than one violation for failing to achieve the mandatory use reduction level (i.e., failing to achieve the required percent reduction in water use) shall be issued per month. For customers who are billed every other month, a violation may be issued each month for failing to achieve the required reduction in use (i.e., the customer’s water bill may contain two surcharges if the required use reduction was not achieved each month in the billing cycle).
(b) Schedule of Surcharges. The surcharge for each violation may be assessed in the following manner:
|
(1) First violation, following notice of warning: |
$100.00 |
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(2) Second violation: |
$200.00 |
|
(3) Third violation: |
$300.00 |
|
(4) Fourth and subsequent violations: |
$500.00 |
For violations of the mandatory nonirrigation use reduction levels (i.e., failing to achieve the required reduction in water use), the surcharge shall be double the amounts listed above.
(3) Restrict Water Flow. In addition to the enforcement provisions in subsections (1) and (2) of this section, the director or his/her designee, at his/her discretion, may install a flow restrictor on the customer’s water meter or service in the following situations:
(a) If the customer has not complied with the provisions of this chapter after receiving two violations; or
(b) If the director determines that the customer is using water in a manner that is inconsistent with the provisions of this chapter, and it is necessary to take immediate action to curtail the customer’s water use.
Installation of a flow restrictor shall result in charges to the customer, as fixed from time to time by resolution of the city council, for installation and removal of such flow restrictor.
(4) Discontinue Water Service. After unsuccessful attempts to enforce subsections (1) through (3) of this section, and if the director or his/her designee determines that the customer continues to use water in a manner that is inconsistent with the provisions of this chapter, and it is necessary to take immediate action to curtail the customer’s water use, water service may be discontinued. Service so disconnected shall be restored only upon payment of the reconnection charge and assessed penalties as set forth in Chapter 15.52 or 15.56 LMC, or as fixed from time to time by resolution of the city council, or a portion of those assessed penalties, to be determined at the discretion of the manager or his/her designee. In addition to the foregoing, the director or his/her designee may, prior to restoration of service, install a flow-restrictive device on the customer’s service.
(5) Other Action as Appropriate. Given the specific conditions of an emergency water shortage, and notwithstanding the provisions of this chapter, the manager may take other enforcement action as the manager deems appropriate, consistent with local, state and federal law. (Ord. 3002 § 1, 2007).
15.74.050 Variances.
(1) A person may seek a variance by filing an application with the director. The director may require the applicant to provide information that the director determines is necessary to evaluate the variance request.
(2) The director may grant a variance from a requirement of this chapter if the director determines that special circumstances exist and that compliance with this chapter:
(a) Adversely affects the health, sanitation, safety, or fire protection of the public or the applicant; or
(b) Substantially threatens the applicant’s primary source of income; or
(c) Will cause substantial, irreparable damage to the customer’s life, property, or income; or
(d) The impact of curtailment is substantially disproportionate to the customer’s water use.
(3) If the director approves a variance, the applicant shall keep a copy of the approval in a location on the affected property that is accessible and visible to the public.
(4) A variance shall expire at the time:
(a) The water shortage is upgraded from one stage to the next higher numbered and more restrictive stage; or
(b) The applicant is found by the director to have violated any other provision of this chapter, and the director declares the variance to be void.
The customer may file an application for a new variance from the upgraded stage restrictions. (Ord. 3002 § 1, 2007).
15.74.060 Appeals.
Any customer who feels aggrieved by any decision of the director or his/her designee under this chapter may appeal the decision of the manager or his/her designee. Any customer who feels aggrieved by any decision of the manager or his/her designee under this chapter may appeal the decision of the manager as per the provisions in LMC 15.40.030. (Ord. 3002 § 1, 2007).