2010/09/07 RESOLUTION TO ADOPT HARNETT COUNTY WATER SHORTAGE AND CONSERVATION ORDINANCE RESOLUTION TO ADOPT HARNETT COUNTY WATER SHORTAGE &
CONSERVATION ORDINANCE
WHEREAS, North Carolina General Statute 143-355(1) requires that each unit of local
government that provides public water services or plans to provide such services shall, either
individually or together with other such units of local government, prepare and submit a Water
Shortage Response Plan; and
WHEREAS, as required by the statute and in the interests of sound local planning, a
Water Shortage Response Plan for Harnett County Department of Public Utilities, has been
developed and submitted to the Harnett County Board of Commissioners for approval; and
WHEREAS, the Harnett County Board of Commissioners finds that the Water Shortage
Response Plan is in accordance with the provisions of North Carolina General Statute 143-355(1)
and that it will provide appropriate guidance for the future management of water supplies for
Harnett County, as well as useful information to the Department of Environment and Natural
Resources for the development of a state water supply plan as required by statute.
NOW, THEREFORE, BE IT RESOLVED by the Hamett County Board of
Commissioners that the Water Shortage ResponsePlan entitled, Harnett County Water Shortage
& Conservation Ordinance dated,Sep+ 7 ao10 , is hereby approved and shall be submitted to
the Department of Environment and Natural Resources, Division of Water Resources; and
BE IT FURTHER RESOLVED that the Harnett County Board of Commissioners intends
that this plan shall be revised to reflect changes in relevant data and projections at least once
every five years or as otherwise requested by the Department of Environment and Natural
Resources, in accordance with the North Carolina General Statutes and sound planning practice.
This the '7 4th day of Stp+f v»�G r , 2010.
HARNETT COUNTY BOARD OF
+e • ..I/ /.6'si
Io • ; COMMISSIONERS
::11 _ By: !�/Ltilf �°G
= Timoth V McNeill, Chairman
A 1 I EST:
I / / I
0 i I , A .../. L// J. .
Marg: et 'egin.$ eeler
AGENDA ITEM 4 - L
Approved byte Harnett
County Board of Commissioners Board Meeting
• I. Agenda Item
irvu
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borce. 44__
Ct k MEETING DATE: September 7, 2010
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Adoption of Resolution of a Revised Water Shortage & Conservation
Ordinance
REQUESTED BY: Steve Ward, HCDPU
REQUEST:
This is a formal request for the Board to consider the adoption of a resolution revising the
water shortage ordinance for the County. NCDENR, through its Division of Water
Resources, requested that we amend our ordinance to address several deficiencies in the
ordinance language. Attached are copies of the resolution and the revised ordinance with the
changes noted for your review. Please place this item on the consent agenda at the next
available meeting.
COUNTY MANAGER'S RECOMMENDATION:
C:\Documents and Settings\gwheelenLocal SettingslTemporary Internet Files\Content.Outlook\05351MM\Resolution
Adopting a Revised Water Shortage Ordinance Agenda Request 8-25-10.doc Page
I of I
AN ORDINANCE OF THE COMMISIONERS OF HARNETT COUNTY AMENDING
THE WATER SHORTAGE & CONSERVATION ORDINANCE OF HARNETT
COUNTY, NORTH CAROLINA
BE IT ORDAINED by the Commissioners of Harnett County: The "WATER SHORTAGE &
CONSERVATION ORDINANCE" is deleted in its entirety and the following is substituted in
lieu therof:
Section I. Introduction.
1. The purpose of this water shortage response ordinance is to provide for the declaration
of increasingly serious stages of water shortages and to define voluntary and mandatory
water conservation measures to be implemented during these various stages. These
written procedures will minimize the need to make last minute decisions and will allow
the Harnett County Department of Public Utilities (HCDPU) to respond quickly to
changing conditions, which will preserve the water resources of Harnett County to
provide for the water demands of human consumption, sanitation, and fire protection
throughout the service area of the County.
2. This ordinance shall apply to all users connected directly or indirectly to the
Department of Public Utilities' public potable water supply, regardless of whether the
user is located within the jurisdictional boundary of Harnett County.
Section II. Objectives of ordinance.
The specific objectives of this ordinance are as follows:
1. To establish the authority of the Director of the Department of Public Utilities to
declare water shortage conditions and implement and enforce the procedures
established in this ordinance;
2. To establish a chain of command for implementation of the procedures established
herein:
3. To establish voluntary and mandatory water conservation measures;
4. To establish enforcement protocol for violations of mandatory water conservation
measures outlined in this article.
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Section III. Definitions.
1. The following words, terms and phrases, when used in this ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
(a) Contamination means the addition to any watershed area, reservoir, storage tank,
or distribution system of any material that appears in an above-normal
concentration or has high nuisance or harmful effect on the consumer or the
system.
(b) Emergency means, when referring to water shortage, that conditions exist such
that treated water supplies cannot meet customer demands and that serious treated
water shortages exist.
(c) Essential Use means:
(1) Use of water to sustain human life and to maintain minimum standards of
hygiene and sanitation;
(2) Use of water for patient care and rehabilitation;
(3) Firefighting, including certain testing and drills by the fire department if
conducted in the interest of public safety and if approved by the Department
of Public Utilities;
(4) Health and public protection purposes, if specifically approved by health
officials and the Department of Public Utilities, including flushing of water
lines and hydrants.
(d) Non-Essential Use shall include but not be limited to:
(1) Use of water for fountains, reflecting pools, or artificial waterfalls;
(2) Watering of gardens, lawns, parks, golf courses (except greens), playing
fields, and other recreational areas;
(3) Filling and operation of recreational swimming pools;
(4) Non-commercial washing of motor vehicles;
(5) Serving water in restaurants, clubs or eating establishments except by
specific request;
(6) Refilling of cooling towers except as specified in Section 28-263.1.c of this
Article.
(e) Mandatory Conservation means that conservation measures are not voluntary,
and that if users fail to comply, they are subject to the penalties outlined in this
ordinance.
(0 Department of Public Utilities means the Department of Public Utilities of
Harnett County (HCDPU) acting through its Director, Assistant Director, agent,
or designated representative.
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(g) Treated Water means water that has been withdrawn from an approved source
and has been processed by the Department of Public Utilities.
(h) User means any person or entity using water for any purpose from the
Department of Public Utilities water distribution system, either directly or
indirectly, and for which either a regular charge is made or, in the case of bulk
sales, a cash charge is made at the site of delivery. Any municipal or private
contract water recipient is also deemed a "user".
(i) Water Shortage means that conditions exist when the demands and requirements
of water customers served by the Department of Public Utilities cannot be
satisfied without depleting the available supply of treated water or the available
water supply to or below a critical level, i.e., the level at which the continued
availability of water for human consumption, sanitation, and fire protection is
jeopardized. Conditions contributing to a water shortage may include but are not
limited to the following:
(1) Water supplies are below the level necessary to meet needs;
(2) Water quality has been threatened due to a contamination situation;
(3) Power outages or equipment malfunction;
(4) Peak customer demands on the water system;
(5) Inability to maintain adequate pressure and/or water supply throughout
every portion of the Department of Public Utilities water distribution
system;
(6) Natural disasters.
(e) Water Supply means any body of water from which the Department of Public
Utilities obtains water for treatment and subsequent distribution into the potable
water supply system.
Section IV. Procedure for Implementation of Water Shortage Plans
The Director of the Department of Public Utilities shall be responsible for continually
monitoring the water supply, water demands, and area conditions. Based upon any one or more
of the triggers established by Section IX, the Director will notify the County Manager that water
conservation measures are warranted. The Director shall be empowered to declare and
implement conservation stages I and II. In instances in which declaration and implementation of
stages III and IV are required, the Director shall notify the County Manager, who shall issue a
proclamation declaring the implementation of a water conservation stage III or IV. The Director,
or his designee, shall also notify all municipal and private contract water recipients, all local
government agencies, and the media, to include local television and newspapers. Notifications
will also be sent to HCDPU customers and will include but not be limited to the description of
the conservation stage and the conservation measures enacted. The following notification
methods will be used to inform HCDPU customers and employees of a water shortage
declaration: employee email announcements, posted notices at strategic Harnett County
buildings, notices in utility bills and on the Harnett County website. Required water shortage
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response measures will be communicated through public service announcements on local radio
and television stations. Declaration of emergency water restrictions or water rationing will be
communicated to all customers by telephone using the County's call notification system.
Once a conservation stage is declared or changed, the conservation stage shall remain in effect
until lifted by the Director or in the case of stage III or IV, the Harnett County Manager. The
Director shall continually monitor the conditions responsible for activation of the conservation
stage, and if the trigger for a more stringent stage is met, then the Director shall be empowered to
declare the more stringent stage consistent with the above paragraph. If, after thirty days, the
current stage triggers have abated then the stage shall either be reduced to the appropriate stage
or all conservation measures rescinded depending on conditions. This chain of command
process shall be repeated whenever a change in the status of the conservation stage or
conservation measures is necessary.
During the effective period of any water shortage, the Department of Public Utilities is
empowered to promulgate such regulations or policies as may be necessary to carry out the
provisions of this Ordinance. The Director, or his duly authorized agent charged with
implementation and enforcement of this Ordinance shall be and is hereby granted the authority to
implement and enforce any of the treated water use restrictions.
The Director shall have authority to implement, maintain, modify, and rescind any one or more
of the conservation measures in a conservation stage and to make them applicable during various
times of the month, week, or day as he deems appropriate to protect the public health, safety, and
welfare until the Department of Public utilities determines that the conditions requiring their
imposition no longer exist.
Section V. Water Conservation Stage I —Voluntary Water Shortage Alert
1. When a Voluntary Water Shortage Alert is declared, the following voluntary
conservation measures by users shall be in effect:
(a) For addresses that end in the number 1, 3, 7, or 9 watering of lawns, grass,
shrubbery, trees, flowers, and vegetable gardens shall only be done on Sunday,
Tuesday, and Thursday. For addresses that end in the number 0, 2, 4, 6, or 8
watering shall only be done on Saturday, Monday, and Wednesday. Additionally,
customers should reduce outdoor water usage by decreasing the frequency and
duration of landscape irrigation.
(b) Washing of automobiles, trucks, trailers, boats, airplanes, or any other type of
mobile equipment should be limited.
(c) Outside areas such as streets, driveways, service station aprons, parking lots,
office buildings, exteriors of existing or newly constructed homes or apartments,
sidewalks, or patios should not be washed.
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(d) Introduction of water into any pond, ornamental fountain, pool, or other structure
should be postponed until the water conservation measures are lifted.
(e) Water from public or private fire hydrants used for purposes other than fire
suppression, other public emergency, or water department needs should be
minimized or alternative sources utilized.
(f) Use of potable water for dust control or compaction should be limited.
Section VI. Water Conservation Stage II—Water Shortage Warning.
1. When a Water Shortage Warning is declared, the following mandatory conservation
measures shall be in effect:
(a) For addresses that end in 1,3,5,7, or 9 watering of lawns, grass, shrubbery, trees,
flowers and vegetable gardens shall only be done on Sunday and Thursday. For
addresses that end in the number 0,2,4,6, or 8 watering shall only be done on
Saturday and Wednesday. Provided however, that a person regularly engaged in
the sale of plants shall be permitted to use water for such purposes at any time or
any day.
(b) It shall be unlawful to wash automobiles, trucks, trailers, boats, airplanes, or any
other type of mobile equipment except at commercial car wash facilities; Any
person regularly engaged in a commercial operation that requires equipment be
washed shall be permitted to use water for such purposes as long as the amount of
water being used is minimized.
(c) It shall be unlawful to wash down outside areas such as streets, driveways, service
station aprons, parking lots, office buildings, exteriors of existing or newly
constructed homes or apartments, sidewalks, or patios, or to use water for other
similar purposes; provided, however, that any person regularly engaged in the
business of washing such areas shall be permitted to use water for such purposes.
(d) It shall be unlawful to introduce water into any pond, ornamental fountain, or
other structure making similar use of water.
(e) It shall be unlawful to use water from public or private fire hydrants for any
purpose other than fire suppression or other public emergency or water
department need. The Director or his designee may grant exceptions on a case-
by-case basis.
(f) It shall be unlawful to use water for dust control or compaction without
demonstrating a lack of alternative sources and obtaining written permission from
the Director or his designee
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(g) It shall be unlawful to fill newly constructed swimming or wading pools or refill
swimming or wading pools that have been drained. The water level in any
swimming pool filled prior to the effective date of this declaration may be
supplemented only to the extent necessary to provide for safe operation of the
pool's chemical feed equipment.
(h) It shall be unlawful to intentionally waste treated water.
(i) All industrial, manufacturing, and commercial enterprises shall reduce
consumption to any degree feasible with a goal of reduction of at least 20%. It is
the primary responsibility of each non-residential customer to meet its mandated
water use reduction in whatever manner possible, including limitation of
operating hours, or days, if necessary.
(j) The owner or occupant of any land or building which receives water from the
Department of Public Utilities and that also utilizes water from a well or supply
other than that of the Department of Public Utilities shall post and maintain in a
prominent place thereon a sign furnished by the Department of Public Utilities
giving public notice of the use of the well or other sources of supply.
Section VII. Water Conservation Stage III—Water Shortage Emergency.
1. In the event of a Water Shortage Emergency, in addition to the restrictions heretofore
imposed, the following mandatory water conservation measures shall apply:
(a) It shall be unlawful to water or sprinkle any lawn, grass, shrubbery, trees, or
flowers with treated water using an automated irrigation or sprinkler system.
Watering is permitted only by hand held hose with a spring-loaded nozzle, by
container, or by installed drip type irrigation. Provided, however, that any person
regularly engaged in the sale of plants shall be permitted to use automated
irrigation or sprinkler systems but only in amounts necessary to prevent the loss
of nursery stock.
(b) It shall be unlawful to re-fill or supplement swimming and/or wading pools.
(c) Restaurants and other food serving establishments shall use single serving
utensils, plates, and cups and shall serve water only at the patron's request.
(d) Except as provided in subparagraph (a) above, it shall be unlawful to use treated
water outdoors for any reason other than fire suppression, emergencies relating to
health and safety issues, or as needed by the Department of Public Utilities to
maintain the water system.
(e) All industrial, manufacturing, and commercial enterprises shall reduce
consumption to any degree feasible with a goal of reduction of at least 40%. It is
the primary responsibility of each non-residential customer to meet its mandated
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water use reduction in whatever manner possible, including limitation of
operating hours, or days if necessary.
Section VIII. Water Conservation Stage IV—Water Shortage Crisis.
1. In the event of a Water Shortage Crisis, in addition to the restrictions made unlawful
heretofore, the following mandatory conservation measures shall be in effect:
(a) Residential users shall reduce water consumption to a level necessary to sustain
human life and the lives of domestic pets and to maintain minimum standards of
hygiene and sanitation.
(b) Fire protection must be maintained, but where possible, tank trucks shall use
untreated water.
(c) It shall be unlawful to wash automobiles, trucks, trailer, boats, airplanes, or any
other type of mobile equipment.
(d) It shall be unlawful to make any non-essential use of treated water for commercial
or public use.
(e) All industrial, manufacturing, and commercial enterprises (to include nursery
operations) shall reduce consumption to and degree feasible with a goal of a
reduction of at least 50%. It is the primary responsibility of each non-residential
customer to meet its mandated water use reduction in whatever manner possible,
including limitation of operating hours, or days if necessary.
(f) The Director may declare additional measures of mandatory conservation controls
such as larger percentage reductions in consumption, termination of service to
specific areas in the water system on a rotating basis, prohibition of all industrial
uses of treated water, etc., or whatever is necessary to protect the health and
safety of the customers of the water system.
Section IX. Water Conservation Stage Triggers
There are a variety of conditions that might contribute to a water shortage, including but not
limited to: peak customer demands on the water system; water supplies below the level necessary
to meet needs; water quality threatened or impaired due to contamination; power outages or
equipment malfunction; and natural disasters. The following water conservation stage triggers
have been established to allow the HCDPU to respond to a water shortage with the appropriate
stage of conservation.
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1. Triggers Based on Water Supply
Watec,Goi seivahon Stiige= MCDPU?Trigger - «' i t :f: .1r f;3
Voluntary Water Shortage Unusually dry conditions result in severely low
Alert stream flows that are consistently below seasonal
norms and dry conditions are forecast.
Water Shortage Warning Target flow of the Cape Fear River at Lillington is
reduced to 250 CFS or less.
Water Shortage Emergency Daily demands exceed 50% of available flow.
Water Shortage Crisis Daily demands exceed 75% of available flow.
2. Triggers Based on Daily Water Demands
Water Conservaiion.Stage; .:_:<. xHCDPU=Trigisti sir: germ rn;;g t st
Voluntary Water Shortage 3 consecutive days of demand exceeding 85% of
Alert available capacity
Water Shortage Warning - 3 consecutive days of demand exceeding 90% of
available capacity
Water Shortage Emergency 5 consecutive days of demand exceeding 90% of
available capacity
Water Shortage Crisis 1 consecutive day of demand exceeding 100% of
available capacity
Section X. Enforcement.
1. Any user who violates the provisions of this ordinance, who fails to carry out the duties
and responsibilities imposed by this ordinance, or who impedes or interferes with any
action undertaken or ordered pursuant to this ordinance shall be subject to enforcement
actions.
2. The Director of Public Utilities shall be responsible for monitoring and enforcement of
this Ordinance. Enforcement actions may include, but are not limited to, the following:
(a) Written Warning
Whenever the Director or his duly authorized representative finds that any user
has violated or is violating this Ordinance or any prohibition, limitation, or
requirement contained herein, or policy issued pursuant thereto, a written warning
shall be issued to such offender by an authorized representative of the HCDPU.
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The written warning shall notify the violator of the nature of the violation and the
need to take corrective action and that failure to do so will result in the issuance of
a Notice of Violation and a minimum fine/civil penalty of$100.00.
(b) Notice Of Violation
If, after a Written Warning, the violation continues, the Director or his duly
authorized agent shall serve upon such offender a written Notice Of Violation
stating the nature of the violation. The written Notice Of Violation shall be
affixed to the property where the violation occurred and/or mailed certified with
return receipt requested to the customer of record and to any other person known
to the HCDPU to be responsible for the violation or its correction. When a
customer of record refuses to accept a Notice Of Violation by certified mail, hand
delivery of the written Notice Of Violation to the customer of record or to the
person in charge of the premises where the violation occurred shall also constitute
service. The notice of violation shall inform the user of the violation, their
responsibility to discontinue the activity within a specified period of time, the
civil penalty associated with the violation and possible termination of service if
the violation continues.
(c) Civil penalties.
The Director of Public Utilities may assess a civil penalty to any offender who
shall continue any violation beyond the time limit provided for in the
aforementioned Written Warning. Each day in which a violation of any provision
of this ordinance shall occur or continue shall constitute a separate and distinct
offense. The amount of the civil penalty shall be a minimum of $100.00 to a
maximum of$500.00 depending on the severity of the violation. Appeals of civil
penalties assessed in accordance with this section shall be as provided in section
XI.
(d) Suspension of Service
If after issuance of a Civil Penalty, the penalty is not paid within 30 days, the
Director or his duly authorized agent may immediately terminate or restrict the
service to the premise where such violation has occurred and may in addition
thereto, or in the alternative, take such other appropriate legal action as provided
by law.
At such time the Director is satisfied that the offender(s) are no longer in violation
of any treated water use restrictions, the Department of Public Utilities may
reinstate water service to the premise following the payment of all civil penalties
assessed as well as any applicable suspension/reconnection fees as outlined in
HCDPU's Ordinance Regulating the Use of Water and Sewer Facilities Operated
by the County of Harnett Fixing Rents, Rates, Fees and Other Charges and
Providing For Collection of the Same.
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Section Xl. Adjudicatory hearing/appeals and variance protocols.
1. Any user whose water use has been restricted or terminated or who has been assessed a
civil penalty under Section X shall have the right to an adjudicatory hearing before a
hearing officer designated by the Director of Public Utilities. Users requesting an
adjudicatory hearing must do so by submitting a written request, which identifies the
specific issues to be contended, to the Director of Public Utilities within 72 hours
following notice of the issuance of a civil penalty. Unless such demand is made within
the time specified in this section, the decision to restrict or terminate the water use, or the
civil penalty assessment, shall be final and binding.
2. The hearing officer shall notify the user of the date, time, and place for the hearing. The
hearing shall take place within 10 business days of the written request for a hearing. A
decision shall be made within 10 calendar days from the date of the hearing and a copy of
the written decision shall be mailed to the user by certified mail, return receipt requested.
3. When a fmal decision is issued pursuant to the above subsection, the Department of
Public Utilities shall prepare an official record of the case that includes:
(a) MI notices, motions, and other like pleadings;
(b) A copy of all documentary evidence introduced;
(c) A certified transcript of all testimony taken, if testimony is transcribed. If
testimony is taken and not transcribed, then a narrative summary of any testimony
taken;
(d) A copy of the final decision of the Department of Public Utilities.
4. Any user against whom a final decision of the Department of Public Utilities is entered
pursuant to the hearing procedure under this Section may appeal the order or decision by
filing a written petition for judicial review within 30 days after receipt of notice by
certified mail of the order or decision to the general court of justice of the county or of
the county where the order or decision is effective, along with a copy to the Department
of Public Utilities. Within 30 days after receipt of the copy of the petition of judicial
review, the Department of Public Utilities shall transmit to the reviewing court the
original or a certified copy of the official record, as outlined in Section XI of this
Ordinance.
5. Applications for water use variance requests are available at the Harnett County Public
Utilities Business Center and on the Harnett County Website. All applications must be
submitted to HCDPU for review by the Director or his or her designee. A decision to
approve or deny individual variance requests will be determined within one week of
submittal after careful consideration of the following criteria: impact on water demand,
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expected duration, alternative source options, social and economic importance, purpose
(i.e. necessary use of drinking water) and the prevention of structural damage.
Section XII. Effectiveness
The effectiveness of the Harnett County Water Shortage & Conservation Ordinance will
be determined by comparing the state water conservation goals with observed water use
reduction data. Other factors to be considered include frequency of plan activation, any problem
periods without activation, total number of violation citations, desired reductions attained and
evaluation of demand reductions compared to the previous year's seasonal data.
Section XIII. Ordinance Revision and Public Comment
The Harnett County Water Shortage & Conservation Ordinance will be reviewed and
revised as needed to adapt to new circumstances affecting water supply and demand, following
implementation of emergency restrictions, at a minimum of every five years in conjunction with
the updating of the Local Water Supply Plan. Further, a water shortage response planning work
group will review procedures following each emergency or rationing stage to recommend any
necessary improvements to the ordinance to Harnett County's Board of Commissioners. The
HCDPU Director is responsible for initiating all subsequent revisions.
HCDPU customers will have multiple opportunities to comment on the provisions of the
ordinance. First, a draft plan will be available at the Harnett County Public Business Center and
on the Harnett County website for customers to view. A notice advising of any subsequent
proposed revisions will be published at least 30 days prior to an adoption vote by the Harnett
County Board of Commissioners.
Section XIV. Severability
If any section, subsection, sentence, or clause of this article is adjudged to be
unconstitutional or otherwise invalid, such adjudication shall not affect the validity of the
remaining portion of this article. It is hereby declared that this article would have been passed,
and each section, sentence, or clause thereof, irrespective of the fact that any one or more
sections, subsections, sentences, or clauses might be adjudged to be unconstitutional, or for any
other reason invalid.
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ADOPTED this 7& day of Sed t ti..t be 0 , 2010.
Harnett County Board of Commissioners
``,U,nur r,q,,.
By: 7 , . „d /ifoiew
o: ! 1 *_ Timothy B eill,Chairman
tib:
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,�ri,,„iir��'..,'
ATTEST:
/ i /
Court,. Clerk /
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