Chapter 13.07
WATER CONSERVATION PROGRAM
Sections:
13.07.030 Conservation and rationing program levels.
13.07.040 Nonessential residential uses.
13.07.050 Nonessential commercial or industrial uses.
13.07.060 Accountability of owner, occupant.
13.07.070 Violations – Service disconnections – Penalties.
13.07.010 Purpose and policy.
The conservation and efficient use of water is found and declared to be a public purpose of highest priority. It will result in the preservation of natural resources and enhancement of public health, safety and welfare. To accomplish this declared purpose, the city reserves the right to exercise its police powers through conservation measures as set forth in this chapter. (Ord. 822 § 1, 2005)
13.07.020 Administration.
The water distribution superintendent/manager of the city shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the superintendent may be delegated by the superintendent to other city personnel. (Ord. 822 § 1, 2005)
13.07.030 Conservation and rationing program levels.
The superintendent is authorized to impose a water conservation rationing program, as provided in this section, at any time when the water contained in the city reservoirs is reduced below minimum levels. The water conservation rationing program, as established in this section, shall remain in effect until such time as the water levels in the city reservoirs can be maintained above the minimum levels to a point which provides a significant water safety margin, as determined by the superintendent, and notice of cessation has been given. The water conservation rationing program, when implemented, and after due notice as provided in this chapter, shall consist of the following:
A. Level I Water Supply Problem.
1. At the discretion of the superintendent for the city of Deer Park, a Level I water supply problem may be declared. During a Level I water supply problem, the superintendent may request voluntary water conservation measures by notice published as provided in subsection D of this section and education of the customers of the water utility, particularly with regard to nonessential uses as defined in DPMC 13.07.040 and 13.07.050.
2. In addition, items listed below are prohibited when a Level I problem has been declared:
a. No potable water shall be used for dust control within construction projects or city streets.
b. No potable water shall be used for irrigation on any municipal grounds or parks.
c. No bulk water sales shall be made to any agencies including Spokane County, private well drillers or other requests for water outside the city limits of the city.
B. Level II Water Supply Problem.
1. In the event that the water conservation measures specified in subsection A of this section, are insufficient to maintain the water in city reservoirs to a point which provides a sufficient water supply margin, or in the event of system failure or any other situation in which water usage exceeds the rate of supply, the superintendent may declare a Level II water supply problem. During a Level II water supply problem, the superintendent shall implement voluntary water conservation measures by notice published as provided in subsection D of this section, particularly with regard to nonessential residential and commercial or industrial uses as defined in DPMC 13.07.040 and 13.07.050.
2. In addition, items specified in subsection (A)(2) of this section shall be implemented along with:
a. Notice shall be given to an authorized representative of the Deer Park School District, prohibiting the use of any city domestic water for irrigation purposes on school premises or playgrounds until after the date and times specified in the notice, and that such irrigation should not be reinstated until further notice. Exception: Water may be used for irrigation of the designated football fields at the Deer Park High School and Middle School, which shall be limited to irrigation hours of 7:00 p.m. to 11:00 p.m. and on alternate days of the week.
b. Notice shall be given to an authorized representative of the Deer Park Golf Course, prohibiting the use of any city domestic water for irrigation purposes on the golf course or any portion of its grounds except those areas designated as tees and greens and irrigated on alternate days of the week.
c. No potable water shall be used to raise or maintain the water levels required for operations of the municipal swimming pool.
C. Level III Water Supply Problem.
1. In the event that water conservation measures, which are specified in subsections A and B of this section, are insufficient to maintain the water levels in the city reservoirs to a point which provides sufficient water supply margin, the superintendent shall implement mandatory water conservation measures and notice published as provided in subsection D of this section.
2. Mandatory water conservation measures shall include:
a. Compliance with subsections A and B of this section.
b. Residential domestic and commercial water irrigation shall be permitted only as follows:
i. For residences, buildings or accounts bearing street addresses the last digit of which is an even number, city-supplied water shall be allowed only on even-numbered days of the month.
ii. For residences, buildings or accounts bearing street addresses the last digit of which is an odd number, city-supplied water shall be allowed only on odd-numbered days of the month.
iii. Irrigation watering shall only be allowed between the hours of 4:00 a.m. to 7:00 a.m. and 7:00 p.m. to 11:00 p.m.
iv. The quantity of water used shall be kept at a minimum. Potable water used for irrigation which is found running upon the streets or walkways shall be prima face evidence of excessive use.
D. Notice to Water Customers.
1. Notice shall be given advising water customers that the city potable water conservation and rationing program is to be implemented. Such notice shall be published for at least two consecutive days in the official newspaper of the city, and shall contain a description of the water level (I, II, III) problem, the effective date and time of implementation, and penalty for violation. Assistance of other local media will be sought throughout the duration of the program in an attempt to further advise water customers; however, such additional media assistance shall not be deemed a condition precedent to effectuating the program on the date and time specified in the notice of water level problem published as required in this section.
2. Notice of cessation of the program shall be given by publication in the official newspaper of the city; provided, however, that cessation need only be published one time.
E. Emergency. Nothing in this chapter shall prevent the water superintendent from declaring an emergency and proceeding directly to a Level III water supply problem status, waiving the notification requirement specified in subsection D of this section. Should, in the opinion of the water superintendent, an emergency/disaster situation be more extreme than outlined by this chapter, the water superintendent shall have the authority to execute measures which curtail all use or loss of water from the municipal system until at the discretion of the water superintendent, the situation has been abated. The notification process identified in subsection D of this section shall be waived except that an attempt shall be made to notify the public, implementing the following procedures which are examples only, not requirements, nor listed with any particular priority:
1. Door-to-door notifications as is feasible.
2. Spokane County Emergency Broadcast System, radio/television. (Ord. 822 § 1, 2005)
13.07.040 Nonessential residential uses.
The following residential water uses are hereby determined to be nonessential and are prohibited during a Level II or III water supply emergency:
A. The use of water to wash any motorbike, motor vehicle, boat, trailer, airplane, or other vehicle, except at a commercial self-contained washing facility.
B. The use of water to wash down any sidewalks, walkways, driveways, parking lots, courts or other hard-surfaced areas, or buildings or structures.
C. The use of water to fill, refill or add to any indoor or outdoor swimming pool or jacuzzi, except where the pools have recycling water systems and evaporative covers, or where the use of the pool is required by a medical doctor’s prescription.
D. The use of water in a foundation or pond for aesthetic or scenic purposes except where necessary to support fish life. (Ord. 822 § 1, 2005)
13.07.050 Nonessential commercial or industrial uses.
The following commercial or industrial water uses are hereby determined to be nonessential and are prohibited during a Level III water supply emergency:
A. The use of water to wash items identified in DPMC 13.07.040(A) and other vehicles including, but not limited to, school buses, commercial tractors and trailers, construction equipment, golf carts, etc.
B. The use of water to wash down any sidewalks, walkways, driveways, parking lots, courts or other hard-surfaced areas, or buildings or structures.
C. The use of water to serve a customer in a restaurant unless requested by the customer.
D. The use of water for pools or use of water for scenic and recreational ponds and lakes, except for the minimum amount required to support fish life.
E. The use of water from hydrants for construction purposes, fire drills, or any purpose other than firefighting. (Ord. 822 § 1, 2005)
13.07.060 Accountability of owner, occupant.
For purposes of this chapter, the legal owner of any premises upon which a violation of this chapter occurs, and in the case of rented or leased premises, the legal occupant thereof, shall be deemed accountable for the conduct of all other persons being present therein, or having access to the premises. (Ord. 822 § 1, 2005)
13.07.070 Violations – Service disconnections – Penalties.
A. If the superintendent determines that any customer has failed to comply with any provisions of this chapter relating to a Level I, II or III water emergency, then one written notice shall be personally delivered to a responsible occupant of the customer’s service address, and in the case of rented property, to the owner or manager of record for the parcel. If there is no responsible occupant present, then the notice shall be posted at the front entrance to residence or building.
B. If the customer fails to respond to the violation notice within the time limit set forth therein, the superintendent shall authorize disconnection of the customer’s water service. In addition, the superintendent shall assess a penalty of $50.00 for each violation of this chapter, which will be a charge placed against the utility billing account of the customer.
C. Service so disconnected shall be restored only upon payment of turn-off/turn-on charges established pursuant to the fee resolution of the city, penalties assessed, and any other costs incurred by the city of Deer Park in the discontinuance of and reactivation of service, and the giving of suitable assurances to the city of Deer Park that the action causing the discontinuance will not be repeated.
D. For any second or subsequent violation of any provision of this chapter the violator, in addition to service disconnection, may be charged as a misdemeanor punishable by imprisonment in jail for a maximum term fixed by court of not more than 90 days, or a fine in an amount fixed by the court of not more than $1,000, or both such imprisonment and fine. (Ord. 822 § 1, 2005)
13.07.080 Appeals.
A. All actions taken by the water distribution superintendent with regard to DPMC 13.07.070 may be appealed by the customer impacted within the subsection to the mayor of the city of Deer Park. The format of the appeal shall be in writing, stating facts and conditions of actions being appealed. The mayor shall render his/her decision in writing within 14 days of the date of appeal.
B. All written decisions of the mayor with regard to subsection A of this section may be appealed to the city council. This appeal shall be in writing and filed with the city clerk within seven days of the written decision by the mayor as required in subsection A of this section. The city council shall entertain the appeal request at their next regularly scheduled city council meeting, and shall render their written decision not more than 15 days following the city council meeting. Any actions upon appeal requests of DPMC 13.07.070 by the city council are final. (Ord. 822 § 1, 2005)
13.07.090 Variances.
The superintendent may, in writing, grant temporary variances for prospective uses of water otherwise prohibited after determining that, due to unusual circumstances, failure to grant such variance would cause an emergency condition affecting health, sanitation, or fire protection of the applicant or the public.
A. The city council shall ratify or revoke any such variance at its next regularly scheduled meeting. Any variance so ratified may be revoked by later action of the city council.
B. No variance shall be retroactive or otherwise justify any violation of this chapter occurring prior to issuance of said variance. (Ord. 822 § 1, 2005)