1994/08/31 Water Shortage & Conservation OrdinanceFILED // // /
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F.HOLDER
r Fr ;° .P. OF DEEDS
WATER SHORTAGE & CONS ERVAI'�ON „ORDIIIN A j Y. NO
FOR
THE HARNETT COUNTY DEPARTMENT
OF
PUBLIC UTILITIES
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Section 1. Purpose
Section 2. Definitions
Section 3
Section 4
WATER SHORTAGE ORDINANCE
Declaration of a Water Shortage Advisory
Declaration of a Water Shortage Alert
Section 5. Declaration of a Water Shortage Emergency
Section 6. Mandatory Water Conservation
Section 7. Shortage Water Rates
Section 8. Enforcement
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SECTION 1. PURPOSE
The purpose of this ordinance is to declare the official phases of a water supply
shortage and to provide for the implementation of voluntary and mandatory water
conservation measures throughout the service area of the Harnett County
Department of Public Utilities in the event a shortage is declared. The service
area includes:
The Northeast Metropolitan Water District
The Buies Creek -Coats Water and Sewer District
The South Central Water and Sewer District
The West Central Water and Sewer District
The Northwest Water and Sewer District
The Southwest Water and Sewer District
The Southeast Water and Sewer District
The East Central Water and Sewer District
The Bunnlevel- Riverside Wastewater District
SECTION 2. DEFINITIONS
1. "Water Shortage Advisory", as the term is used in this ordinance,
shall mean that conditions exist which indicate the potential for
water supply shortages.
2. "Alert ", as the term is used in this ordinance, shall mean:
(a) that the raw water supply (streamflow) is consistently below
seasonal averages. If the raw water supply continues to decline,
the supply may not be adequate to meet normal needs; or
(b) that due to mechanical failure or limitations of water treatment
plant capacity, adequate water supplies cannot be maintained and
their conditions may be sufficient to cause a water shortage.
3. "Crisis", as the term is used in this ordinance, shall mean:
(a) that the raw water level is below the level necessary to meet
normal needs; or
(b) that due to mechanical failure or limitations of water treatment
plant capacity, a water shortage is subject to occur
4. "Customer ", as the term is used in this ordinance , shall mean any
person using water for any purpose from the Harnett County
Department of Public Utilities's water distribution system and for
which a regular charge is made.
5. "Emergency ", as the term is used in this ordinance, shall mean:
(a) that the raw water supply is below the level necessary to meet
normal needs and serious water shortages exist;
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(b) that due to mechanical failure or the limitations of water
treatment plant capacity a prolonged water shortage is subject to
occur.
6. "HCDPU ", the Harnett County Department of Public Utilities acting
through its County Manager or Utilities Director.
7. "Waste of Water ", as the term is used in this ordinance, includes,
but is not limited to, failure to repair a controllable leak of
water due to defective plumbing.
8. "Water ", as the term is used in this ordinance, shall mean water
available to HCDPU for treatment or any water introduced by HCDPU
into its distribution system.
9. "Water Use Classes ", as the term is used in this ordinance, shall be
established as follows:
Class 1: Essential Water Uses
Domestic Use:
*Water necessary to sustain human life and the lives of domestic pets, and to
maintain minimum standards of hygiene and sanitation.
Health Care Facilities:
*Patient care and rehabilitation.
Public Use:
*Fire fighting
*Health and public protection purposes, if specifically approved by health
officials and /or the governing bodies of the health officials.
Class 2: Socially or Economically Imoortant Uses of Water
All Domestic Uses other than those included in Classes 1 and 3:
*Home water use including kitchen, bathroom and laundry use.
Outdoor Non - Commercial Watering (public or private)
*Agricultural irrigation for the production of food and fiber or the maintenance
of livestock.
*Watering by commercial nurseries at a minimum level necessary to maintain stock,
to the extent that sources of water other than HCDPU are not available or
feasible to use.
*Watering of golf course greens.
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*Use of water at a minimum rate necessary to implement revegetation following
earth moving, where such vegetation is required to pursuant to an erosion and
sedimentation control plan adopted pursuant to law or regulation to the extent
that sources of water other than HCDPU are not available or feasible to use.
*Water use by public gardens of national, state, or regional significance where
necessary to preserve specimens, to the extent that sources of water other than
HCDPU are not available or feasible to use.
Filling and Operation of Swimming Pools:
*Pools used by health care facilities for patient care and rehabilitation.
*Municipal pools.
Washing of Motor Vehicles:
*Commercial car and truck washes, unrestricted hours of operation.
Commercial Laundromats:
*Unrestricted hours of operation.
Restaurants, Clubs and Eating Establishments
*Unrestricted hours of operation.
Class 3: Non - Essential Uses of Water
Ornamental Purposes:
*Fountains, reflecting pools and artificial waterfalls.
Outdoor Non - Commercial Watering (public or private)
*Gardens, lawns, parks, Golf courses, playing fields and other recreational
areas.
Exceptions:
*Agricultural irrigation for the production of food and fiber or the maintenance
of livestock.
*Watering by commercial nurseries at a minimum level necessary to maintain stock
to the extent that sources of water other than HCDPU are not available or
feasible to use.
*Watering of golf greens.
*Use of HCDPU water at a minimum rate necessary to implement revegetation
following earth moving, where such vegetation is required pursuant to an erosion
and sedimentation control plan adopted pursuant to law or regulation (to the
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extent that sources of water other than HCDPU are not available or feasible to
use).
*Water use by public gardens of national, state, or regional significance where
necessary to preserve specimens, to the extent that sources of water other than
HCDPU are not available or feasible to use.
Filling and Operation of Swimming Pools:
Exceptions:
*Pools used by health care facilities for patient care and rehabilitation.
*Municipal pools.
Washing of Motor Vehicles:
*Automobiles, trucks, boats and trailers.
Exceptions:
*Commercial car and truck washes
Serving Water in Restaurants, Clubs, or Eating
Establishments:
Exceptions:
*Specific request by customer.
Fire Hydrants:
*Any purpose, including use of sprinkler caps, testing of fire apparatus, and
fire department drills.
Exceptions:
*Fire- fighting.
*Health protection purposes, if specifically approved by the health officials of
Harnett County.
*Certain testing and drills by fire departments, if in the interest of public
safety and is approved HCDPU.
Flushing of Sewers and Hydrants
Exceptions:
*As needed to ensure public safety, and approved by health officials and HCDPU.
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SECTION 3. DECLARATION OF A WATER SHORTAGE ADVISORY
Whenever HCDPU finds that a potential shortage of water supply is indicated, such
that adequate potable water supplies cannot be maintained, whether the shortage
is caused by drought, mechanical failure, limitations of or water treatment plant
capacity, it shall be empowered to declare a Water Shortage Advisory. The
Director of HCDPU shall, monitor the supply and demands upon that supply on a
daily basis. In addition, the County Manager shall call upon all water customers
of HCDPU to employ voluntary water conservation measures to limit water use
(especially Class 3 users) and to eliminate waste of water. The Declaration of
a Water Shortage Advisory and Statement by the County Manager shall be published
in newspapers of general circulation in Harnett County, and may be publicized by
any other appropriate method.
SECTION 4. DECLARATION OF A WATER SHORTAGE ALERT
Whenever HCDPU finds the raw water supply is below the level necessary to meet
normal needs and if the supply continues to decline and it may not be adequate
to meet normal needs and if there is due to mechanical failure or limitations of
treatment plant capacity that adequate supplies of potable water cannot be
maintained, it shall be empowered to declare a Water Shortage Alert.
The HCDPU shall continue to encourage voluntary water conservation measures as
defined in the Advisory declaration.
The HCDPU shall impose a ban on all Class 3 water uses for the duration of the
shortage until it is declared to have ended by the HCDPU.
SECTION 5. DECLARATION OF A WATER SHORTAGE EMERGENCY
Whenever the HCDPU finds that the raw water supply is below the level necessary
to meet normal needs and that serious shortages exist, it shall be empowered to
declare a Water Shortage Emergency. Class 1, Essential Uses shall be identified
as targets for voluntary conservation initiatives. Class 2, Socially or
Economically Important Uses shall be banned in addition to the Class 3, Non -
Essential Uses. These restrictions shall be enforced until the emergency is
declared ended by the HCDPU.
SECTION 6. MANDATORY WATER CONSERVATION
1. The County Manager is hereby authorized in impose mandatory
restrictions, as described below, on the usage of water obtained
directly or indirectly from the water distribution system of the
HCDPU by declaring a Water Distribution Crisis. After receiving
written recommendations from the Director of HCDPU, such
restrictions may be imposed by the County Manager, upon
consideration of all of the following factors:
A. Pressure at monitoring locations of the HCDPU water
distribution system;
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B. Ability to re -fill water storage tanks of the HCDPU
water distribution system;
C. Ability to maintain an amount of water in the ground
level storage tanks at the water treatment plant which
is adequate for fire protection purposes;
D. Ability to maintain water pressure in every portion of
the HCDPU water distribution system.
2. A Water Distribution Crisis may be implemented by the County Manager
by signing a "Notice of Declared Water Distribution Crisis ", The
Declared Water Distribution Crisis will begin on the effective date
and time specified in the notice and the restrictions imposed
thereby will apply during the times specified in the notice.
3. During a Declared Water Distribution Crisis, each of the following
user of water obtained directly or indirectly form the HCDPU water
distribute system are prohibited during the time specified in the
Notice of a Declared Water Distribution Crisis:
A. Watering any grass, lawn, shrubbery, flowers, garden, or
other vegetation; provided, however, that any person or
entity regularly engaged in the business of the sale of
plants shall be permitted to water only plants that are
being grown for sale.
B. Filling, re- filling or otherwise adding water to any
swimming pool;
C. Washing, rinsing, or cleaning an exterior wall, floor or
paved areas.
D. Washing, rinsing or cleaning any automobile, truck, van,
motorcycle or other motor vehicle or trailer; provided,
however, that any person or entity engaged in the
business of washing vehicles may be exempt from this
prohibition.
4. A. The County Manager may impose the restrictions in
Paragraph 3 above at all times or during such limited
times as the County Manager and the Director of HCDPU
determine to be appropriate. The times will be set
forth in this Notice of Declared Water Distribution
Crisis.
B. The County Manager may modify the times of restricted
water use by signing an "Amended Notice of a Declaration
of Water Distribution Crisis ".
C. Restrictions on water use from the HCDPU may be
terminated by the County Manager by signing a "Notice of
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Termination of Declared Water Distribution Crisis"
D. Any restrictions or terminated restrictions must be
posted in the County Office Building, relative United
States Post Offices or any other designated places by
law or the Harnett County Board of Commissioners. All
notices cannot be enforced or terminated for a period of
twelve (12) hours after posting.
E. All notices posted shall state the time and date of
posting.
F. The terms "County Manager" and "Director of HCDPU" are
to be constructed to include the designee of the County
Manager or Director of HCDPU.
SECTION 7. SHORTAGE WATER RATES
Upon the declaration of a water supply shortage as provided in Sections 3,4,5, &6,
the HCDPU shall have authority to adopt shortage water rates designed to conserve
water supplies. Such rates may provide for:
1. Increasing block rates- higher charges per unit for increasing
usage.
2. Uniform Unit Rate- uniform charges for water usage per unit of use.
3. Excess Demand Surcharge- extra charges for use in excess of a
specified level.
4. Good Citizen Rate- discounts for conserving water beyond specified
levels.
SECTION 8. ENFORCEMENT
1. The direct or indirect use of water form the HCDPU distribution
system in violation of these Rules and Regulations is prohibited.
Any water customer of the HCDPU distribution system that violates or
permits the violation of these Rules and Regulations shall be
subject to the following penalties:
Size of Service Connection Penalty
3/4 inch $30.00
1 inch $40.00
1 1/2 $50.00
2 inch $60.00
2. Each violation shall be added to the customers water bill and paid
in the same manner as current payments to the HCDPU.
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3. Each day a violation occurs shall be considered a separate
violation.
4. The Director of HCDPU shall be responsible for enforcing any
restrictions imposed by these Rules and Regulations. If a violation
is known to have occurred pursuant to this ordinance, a written
violation shall be affixed to the property where the violation
occurred and mailed to the customer of record and any other person
known to the HCDPU who is responsible for the violation and its
correction. The written notice shall describe the violation and
order that it be corrected immediately or within such specified time
as the HCDPU determines is reasonable under the circumstances.
5. If a violation notice is not complied with, or if violation fees for
previous violations are not paid, the HCDPU may restrict or
terminate water service subject to the following procedures:
A. The HCDPU shall give the customer notice by mail or
messenger that due to recurring violations or failure to
pay for previous violations, water services will be
restricted or terminated within a specific time. The
customer will have the opportunity to appeal restriction
or termination by requesting a hearing scheduled before
an official designated as a hearing officer by the
County Manager. The request for such a hearing should
be made before the cut -off date. A prompt conference
with a hearing officer will be held.
B. If such a hearing is requested by the customer charged
with the violation, he or she shall be given full
opportunity to be heard before restriction or
termination.
C. The hearing officer shall order whether services should
be restricted or continued. The customer may appeal to
the County Manager for a prompt hearing. The County
Manager shall make findings of fact and order whether
service should be continued or terminated.
D. Any customer charged with the violation of this
ordinance may appeal the finding of the county hearing
officer or County Manager to the North Carolina Courts.
6. A fee of $50.00 shall be paid for the reconnection of any water
service restricted or terminated pursuant to subsection E. of
Section 8. In the event of multiple violations, the reconnection
fee shall be $100.00 for the second violation and $150.00 for each
additional violation.
Adopted by the Harnett County Board of Commissioners on June 6, 1994.
mRNETT COUNTY, IV. G.
8 FILED DA 3v TI 25. Y 4
BOOK l PAGE��
REGISTER Of DLEDS
®AYLE P, HOLDER