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HomeMy WebLinkAbout1991-03-05; Municipal Water District; 35; Water conservation program...I 1 2 3 4 5 6 7 8 9 10 11 12 u I* 13 15 16 17 18 19 2o il 21 22 23 24 I 25 26 27 I >%“.“-sTfiF yppla.” e.- ORDINANCE NO. 35 --...--”-~ L?%d!k6Urn!‘X..b dcr.dt.dh”d~; AN ORDINANCE OF THE CARLSBAD MUNICIPAL WATER DISTRICT FINDING THE NECESSITY FOR AND ADOPTING A WATER CONSERVATION PROGRAM BE IT ORDAINED by the Board of Directors of the Car Municipal Water District as follows: Section 1. Declaration of Policy. California Water Sections 375 et. seq. permit public entities which supply at retail to adopt and enforce a water conservation progr reduce the quantity of water used by the people therein fo purpose of conserving the water supplies of such public en The Board hereby establishes a comprehensive water conserv program pursuant to California Water Code Sections 375 et based upon the need to conserve water supplies and to avo minimize the effects of any future shortage. Section 2. Findinss. The Board finds and determines a water shortage could exist based upon the occurrence of o more of the following conditions: (A) A general water supply shortage due to increased d or limited supplies. (B) Distribution or storage facilities of the Metropc Water District of Southern California, the San County Water Authority, the District, or other age become temporarily or permanently inadequate- The Board also finds and determines that the condi. prevailing in the San Diego County area require that the sources available be put to maximum beneficial use to the e to which they are capable, and that the waste or unreasc use, or unreasonable method of use, of water be preventel that the conservation of such water be encouraged with a vi the maximum reasonable and beneficial use thereof ir interest of the people of the District and for the F welfare. Section 3. ApDlication. The provisions of this ordi shall apply to all water served to persons, customers, property by the District. Section 4. Authorization. The District General Mar or a designated representative, is hereby authorizec directed to implement the provisions of this ordin Additionally, the General Manager, or designated representa is hereby authorized to make minor and limited exceptio: 28 prevent undue hardship or unreasonable restrictions, pro' that water shall not be wasted or used Unreasonably and I 1 2 3 4 5 a purpose of this ordinance can be accomplished. Section 5. Water Conservation Stases. No person I knowingly use water or permit the use of wate? supplied bl District for commercial, industrial, agricultural, governme] or any other purpose in a manner contrary to any provisic this ordinance, in an amount in excess of the amounts autho: by this ordinance or during any period of time other thar periods of time specified in this ordinance. At no time I water be wasted or used unreasonably. 6 7 Water Ethic," a policy adopted by the Board to establish a Unreasonable uses of water are those that violate the "Car The following stages shall take effect upon declaratic availability of local or imported water supplies. of prudent water uses to be followed regardless of a 9 herein provided: 10 11 12 (B) STAGE 1 - VOLUNTARY COMPLIANCE - WATER WATCH. Stage 1 applies during normal periods to enco. conservation by the reasonable use of wate accordance with the Carlsbad Water Ethic. I 13 14 15 16 17 18 19 I 20 21 22 23 24 I; I 25 26 27 28 (C) STAGE 2 - ENFORCEMENT REQUIRED - WATER ALERT. Stage 2 applies during periods that the Dist determines that water usage should be rec approximately 10% in order to meet all of the 1 demands of its customers, either now or in foreseeable future. Implementation of STAGE 2 s: result in an average of 10% reduction in water use a base period to be determined at the timi declaration. Specific mandated restrictions in > use for Stage 2 are as follows: 1.) Construction Usage - All construction water be reclaimed water or nonpotable water available. 2.) Development Construction - a.) After declaration of Stage 2 and pric issuance of any building permit, the deve will be required to certify that a 10% redu of the projected average water usage for development shall be achieved. 1 b. ) In addition to the requirements in para 2. ) a. ) , developer shall be required to pres Plan to identify how 10% of the projected av water usage generated by the development wi: offset by reduction in water use by exir customers. The Plan must be approved bl -2- I I I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I General Manager and its implementation guara before a building permit will be issued. The implementation may be guaranteed by install or construction of the required improvement! through payments of fees as determined by General Manager. (D) STAGE 3 - ENFORCEMENT REQUIRED - WATER WARNING. Stage 3 applies during periods when the Disi determines that water usage should be re( approximately 15% in order to meet all of the demands of its customers now or in the forese future. Implementation of STAGE 3 should result minimum of 15% reduction in water use from a period to be determined at the time of declara Specific mandated restrictions in water use for St are as follows: 1.) Construction Usage - All construction water be reclaimed water or nonpotable water available. 2.) Development Construction - a. ) After declaration of Stage 3 and pric issuance of any building permit, the deve will be required to certify that a 15% redu of the projected average water usage for development shall be achieved. b. ) In addition to the requirements in para 2. ) a. ) , developer shall be required to pres Plan to identify how 15% of the projected av water usage generated by the development wi offset by reductions in water use by exi customers. The Plan must be approved b] General Manager and its implementation guara before a building permit will be issued. The implementation may be guaranteed by install or construction of the required improvement, through payments of fees as determined bq General Manager. (E) STAGE 4 - ENFORCEMENT REQUIRED - WATER WARNING. Stage 4 applies during periods when the Dis determines that water usage should be re approximately 20% in order to meet all of the demands of its customers now or in the forese future. Implementation of STAGE 4 should result minimum of 20% reduction in water use from a period to be determined at the time of declara Specific mandated restrictions in water use for St are as follows: -3- I1 I2 1 3 4 5 6 7 8 9 10 11 12 13 I x* 15 16 17 18 19 20 21 22 23 24 I 25 26 ' 27 28 I 1.) Construction Usage - All construction water be reclaimed water or nonpotable water, available. 2.) Development Construction - - - a. ) After declaration of Stage 4 and prio issuance of any building permit, the deve: will be required to certify that a 20% reduc of the projected average water usage for development shall be achieved. b. ) In addition to the requirements in parac 2. ) a. ) , developer shall be required to pres6 Plan to identify how 20% of the projected av( water usage generated by the development wil offset by reductions in water use by exir customers. The Plan must be approved by General Manager and its implementation guara: before a building permit will be issued. The implementation may be guaranteed by install' or construction of the required improvements through payments of fees as determined by General Manager. (F) STAGE 5 - ENFORCEMENT REQUIRED - WATER WARNING. Stage 5 applies during periods when the Disl determines that water usage should be rec approximately 30% in order to meet all of the 3 demands of its customers now or in the forese, future. Implementation of STAGE 5 should result minimum of 30% reduction in water use from a period to be determined at the time of declara Specific mandated restrictions in water use for St are as follows: 1.) Landscape (except residential) - Elim: watering of ornamental turf areas. Water actively used turf areas no more than twicc week. Trees and shrubs may be watered only per week using a hand held hose with a pos shutoff nozzle or drip irrigation. us reclaimed water, however, is exempt. 2.) Household and Household Members (Reside] landscapes) - Water no more than twice per using only hand held hose with positive sh nozzle or drip irrigation systems. Elim. sprinkler use. 3.) Construction Usage - All construction water be reclaimed or nonpotable. Issuancc construction meters will be only for testinc disinfection of potable waterlines. -4- I 'I I 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.) Development Construction - a.) After declaration of Stage 5 and prior tc issuance of any building permit, the deve: will be required to certify that a 30% reduc of the projected average water usage for development shall be achieved. b. ) In addition to the requirements in parac 4. ) a. ) , developer shall be required to pres€ Plan to identify how 30% of the projected avc water usage generated by the development wil offset by reductions in water use by exi: customers. The Plan must be approved by General Manager and its implementation guarai before a building permit will be issued. The implementation may be guaranteed by install; or construction of the required improvements through payments of fees as determined by General Manager. (GI STAGE 6 - FNFORCl?" R'EQUIRED - WATER WARNING. Stage 6 applies during periods when the Disl determines that water usage should be re( approximately 40% in order to meet all of the demands of its customers now or in the forese future. Implementation of STAGE 6 should result minimum of 40% reduction in water use from a period to be determined at the time of declara Specific mandated restrictions in water use for St are as follows: 1.) Landscape (except residential) - Same require as Stage 5 plus irrigate playing fields only. 2.) Household and Household Members (Reside] landscapes) - Same as Stage 5 and no ou' irrigation except with water reclaimed indoor use with hand held bucket to effect cutback. 3.) Construction Usage - Same as Stage 5. 4.) Development Construction - a.) After declaration of Stage 6 and prior to iss of any building permit, the developer will be req to certify that a 40% reduction of the proj average water usage for that development sha: achieved. b.) In addition to the requirements in paragraph 4 developer shall be required to present a P1z identify how 40% of the projected average water -5- I2 1 3 4 5 6 I generated by the development will be offset reductions in water use by existing customers. Plan must be approved by the General Manager and implementation guaranteed before a building permit be issued. The Plan implementation may be guara~ by installation or construction of the requ improvements, or through payments of fees as deten by the General Manager. RECOMMENDATIONS ON METHODS OF CONSERVING WATER Dl THE VARIOUS STAGES ARE ATTACHED AS EXHIBIT (RESPONSE STAGE ACTIONS). 7 8 9 10 11 12 13 14 15 Section 6. Implementation of Conservation Staqes. The District shall monitor the projected supply and demanc water by its customers on a daily basis. The Manager : determine the extent of the conservation required through implementation and/or termination of particular conservi stages in order for the District to prudently plan for supply water to its customers. Thereafter the Manager may ( that the appropriate stage of water conservation be implemc or terminated in accordance with the applicable provisic this Ordinance. The declaration of any stage beyone STE shall be made by a mass mailing and public announcement notice shall be published a minimum of three (3) consecl times in a newspaper of general circulation. The s designated shall become effective immediately upon announce] The declaration of any stage beyond STAGE 1 shall be report1 the Board at its next meeting. The Board shall thereupon ri the declaration, rescind the declaration, or direct declaration of a different stage. If3 17 I 18 19 I 2o 11 21 I 22 i 23 24 I 25 /I 26 27 Section 7. Penalty. (A) Penalties. It shall be unlawful for any custom€ the District to fail to comply with any of provisions of this Ordinance and of "The Carlsbad 1 Ethic. It Failure to comply with any of the provir of this Ordinance and of The Carlsbad Water Ethic ~ be as follows: 1. For the first violation by any customer of ai the provisions of this Ordinance or the Car Water Ethic, the District shall verbally notic fact of such violation to the customer. 2. For a second violation by any customer of a1 the provisions of this Ordinance or the Car Water Ethic, the District shall issue a per notice of the fact of such violation to customer. 28 -6- I2 1 3 4 5 6 7 I 8 9 10 I1 12 13 14 15 16 17 18 /i 19 I 20 21 22 23 24 I 25 26 27 28 I 3. For a third violation by a customer of provision of this Ordinance or the Carlsbad Ethic, the District may install a flow restri device of one gallon per minute (1 GPM) cap for services of up to one and one-half incl 1/2") size and comparatively sized restrictor; larger services upon a prior determination tha customer has repeatedly violated the provisio: this Ordinance or the Carlsbad Water 1 regarding the conservation of water and that action is reasonably necessary to assure compl with this Ordinance or the Carlsbad Water regarding the Conservation of water. Such a shall be taken only after a hearing held b! District Manager or designee, where the cus has an opportunity to respond to the Distr information or evidence that the customer repeatedly violated the provisions of Ordinance or the Carlsbad Water Ethic regardin conservation of water and that such actic reasonably necessary to assure compliance with Ordinance and the Carlsbad Water Ethic rega the conservation of water. As determined by the General Manager any restricted service may be restored upon applic of the customer made not less than forty-eight hours after the implementation of the a' restricting service and only upon a showing b customer that the customer is ready, willinc able to comply with the provisions of Ordinance or the Carlsbad Water Ethic regardin conservation of water. Prior to any restorati service, the customer shall pay all Dis, charges for any restriction of service anc restoration as provided for in the District's governing water service. Any willful tampering with or removal of any restriction device shall result in terminati service for a period to be determined bl General Manager. (B) Notice. The District shall give notice of violation to the customer committing such violati follows: 1. For any violation of the provisions of Ordinance or the Carlsbad Water Ethic, the Dis may give written notice of the fact of violation to the customer personally or by I States mail, First Class, Registered postage 1 -7- I 1 2 3 4 5 6 7 a 9 10 11 12 \I II la\ 13 15 16 17 18 19 20 21 22 23 24 1 25 26 27 2. If the penalty assessed is, or includes, installation of a flow restrictor to the cust notice of the violation shall be given ir following manner: - (a) By giving written notice thereof to customer personally; or (b) If the customer be absent from or unavai at either his place of residence or his as place of business, by leaving a copy with person of suitable age and discretion at e place, and sending a copy through the United S mail, First Class, Registered postage pre] addressed to the customer at his place of busi residence, or such other address provided b] customer for bills for water or electric sewi such can be ascertained; or (c) If such place or residence, business or address cannot be ascertained, or a persc suitable age or discretion at any such place c be found, then by affixing a copy in a conspi place on the property where the failure to c is occurring and also be delivering a copy person of suitable age and discretion . residing, or employed, if such person can be f and also sending a copy through the United S mail, First Class, Registered postage pre] addressed to the customer at the place when property is situated as well as such other ad provided by the customer for bills for watc electric service if such can be ascertained. Said notice shall contain, in addition to the of the violation, a statement of the posr penalties for each violation and stat1 informing the customer of his right to a heari the violation. - (C) Appeals. Any customer against whom a penalty is 1 pursuant to this section shall have a right t appeal , in the first instance to the District Ge Manager or designee with the right of appeal tc District’s Water Commissioners, on the merits 0: alleged violation, upon written request of customer to the District within fifteen days 0: date of notification of the violation. Section 8. CEOA Exemption. The Carlsbad Municipal District finds that this Ordinance and actions taken here pursuant to this Ordinance are exempt from the Calif Environmental Quality Act as specific actions necessa: 28 -8- ll I2 1 3 4 5 6 7 8 9 10 11 12 I I* 13 15 16 prevent or mitigate an emergency pursuant to Public Resol Code Section 21080(b) (4) and the California Environme Quality Act Guidelines Section 15269(c). The Manager of District is hereby authorized and directed to file a Notic Exemption as soon as possible following gdoption of Ordinance. Section 9. Repeal of Ordinance No. 30. An Ordinanc ' the Carlsbad Municipal Water District Finding the Necessit] 1 and Adopting an Emergency Water Management Program to Re' Ordinance No. 28 (Ordinance No. 30) is hereby repealed ir entirety. ~ Section 10. Effective Date and Publication. This Ordi shall become effective as of the date of adoption and sha: - published within ten days of adoption, pursuant to California Water Code Section 376. PASSED, APPROVED AND ADOPTED by the Board of Direct01 the Carlsbad Municipal Water District at a meeting he1 March 5, 1991 , by the following roll call vote: AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard I NOES: None ABSENT : None 17 /I 18 I! 19 I I 2o I 4A-zkL np Q- Aletha L. 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