Current through Register Vol. XLI, No. 13, March 29, 2024
2.1. General. That upon any water utility
declaring that there is a temporary shortage of water, and that it is necessary
for the health and welfare of the utility's customers to supply, the utility
shall, upon the giving of public notice, restrict the use of said water supply
to human consumption and sanitary purposes as noted in the Local Water
Rationing Plan.
The utility is herein authorized to enforce a Water Rationing
Plan by virtue of the declaration of a public water emergency proclamation by
the utility.
2.2.
Definitions.
a. Special emergency area. The
area or areas within which the utility has declared a state of drought and
water shortage emergency.
b.
Service area. The territory and the customers serviced by the
utility.
c. Emergency service area.
The service areas of the water supply covered by this Local Water Rationing
Plan.
d. Residential customer. Any
customer who receives water service for a single or multi-family dwelling unit.
The term residential customer does not include educational or other
institutions, hotels, motels, or similar commercial establishments.
e. Non-residential customer. Commercial,
industrial, institutional, public and all other users with the exception of
hospitals and health care facilities.
f. Service interruption. The temporary
suspension of water supply, or reduction of pressures below that required for
adequate supply, to any customer, portion of a water supply system, or an
entire system.
g. Excess use. The
usage of water by a water customer in excess of the water allotment provided
under the Local Water Rationing plan for that customer, over any applicable
period.
h. Water customer. Any
person who is connected to and receives water services from a water supply
system.
2.3. Purpose.
This local water rationing plan is intended to establish
measures for essential conservation of water resources, and to provide for
equitable distribution of limited water supplies, in order to balance demand
and limited available supplies and to assure that sufficient water is available
to preserve public health and safety within the Emergency Service Area.
2.4. Scope.
This Local Water Rationing Plan shall apply to all water uses
within the service area of all customers and entities served by the utility
including uses by customers of wholesale customers of the utility.
2.5. Objective of the plan.
a. It is imperative that water customers
within the Emergency Service Area achieve an immediate and further reduction in
the water use in order to extend existing water supplies and, at the same time,
assure that sufficient water is available to preserve the public health and
sanitation, and provide fire protection service and electric power
generation.
b. The Plan provides
for equitable reductions in water usage, and for equal sacrifice on the part of
each water customer, insofar as such restrictions do not interfere with the
public health, adequate fire protection and the generation of electric power.
The success of this plan depends on the cooperation of all water customers in
the emergency service area.
2.6. Measures to implement the water
rationing plan.
Each water supply purveyor within the Emergency Service Area
will develop and adopt such implementing measures as are necessary and
appropriate to assure compliance with requirements of this Local Water
Rationing Plan.
2.7.
Prohibited non-essential water uses.
The following water uses are declared non-essential and are
prohibited within the Emergency Service Area:
a. Watering of outside shrubbery, trees,
lawns, grass, plants or any other vegetation, except from a watering can or
other container not exceeding three (3) gallon capacity. This limitation shall
not apply to vegetable gardens, greenhouse or nursery stocks and newly
established lawns or sod less than five (5) weeks old, which may be watered in
the minimum amount required to preserve plant life before 8:00 a.m. or after
6:00 p.m.
b. The watering of golf
course fairways.
c. The washing of
automobiles, trucks, trailers or any other type of mobile equipment except in
vehicle wash facilities operating with a water recycling system with a
prominently displayed sign in public viewing so stating, or from a bucket or
other container not exceeding three (3) gallons.
d. The washing of streets, driveways, parking
lots, service station aprons, office buildings, exteriors of homes or
apartments or other outdoor surfaces.
e. The serving of water in restaurants, clubs
or eating places unless specifically requested by the individual.
f. Ornamental water use, including but not
limited to fountains, artificial waterfalls, and reflecting pools.
g. The use of water for flushing sewers or
hydrants by municipalities or any public or private individual or entity except
as deemed necessary and approved in the interest of public health or safety by
the utility.
h. The use of fire
hydrants by fire companies for testing fire apparatus and for fire department
drills except as deemed necessary in the interest of public safety and
specifically approved by the municipal governing body.
i. The use of fire hydrants by municipal road
departments, contractors and all others, except as necessary for fire fighting
or protection purposes.
j. The
filling of swimming or watering pools requiring more than five (5) gallons of
water, or the refilling of swimming or wading pools which were drained after
the effective date of the order, except that pools may be filled to a level of
two feet below normal, or as necessary to protect the structure from
hydrostatic damage, as to pools constructed or contracted for on or after the
date of the final order.
2.8. Recourse.
Any person aggrieved by a decision relating to these rules
rendered by a public utility may file a complaint with the Public Service
Commission.
2.9. Penalties.
Any person who violates the provisions of this plan, who
fails to carry out duties and responsibilities imposed by this plan, or who
impedes or interferes with any action undertaken or ordered pursuant to this
plan, shall be subject to the following penalties:
1. For the first excess use, a warning of
possible discontinuation of service shall be issued to the customer by the
utility.
2. For the second or
subsequent excess use, the water supplier may interrupt or shut off service to
the customer pursuant to rule 4.8 as fraudulent use.
3. For the second or subsequent excess use,
the utility may add a surcharge of ten percent (10%) to the end users monthly
bill for the month of the infraction, which surcharge shall be held by the
utility in a separate bank account pending disposition as directed by the
Public Service Commission.
2.10. Effective period.
This plan shall remain in effect until terminated by action
of the utility declaring an end to the emergency condition or until terminated
by order of the Public Service Commission, whichever comes first.
2.11. Effective date.
This plan shall take effect immediately upon adoption by the
utility.
