Chapter 13.35
EMERGENCY WATER CONSERVATION PLAN
Sections:
13.35.060 Emergency water shortage stages.
13.35.070 Mandatory conservation phase implementation.
13.35.080 Duration of conservation stages.
13.35.110 Exceptions and application procedures for exceptions.
13.35.120 Violation – Enforcement.
13.35.130 Violation – Additional remedy.
13.35.010 Scope.
There is established a city emergency water conservation plan. (Ord. 21-06 § 1; Ord. 12-02 § 1; Ord. 90-19 N.S. § 1, 1990).
13.35.020 Purpose.
The purpose of this chapter is:
During periods of water shortages, the public health and welfare requires that the water resources available to the city be put to maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the city and for the public welfare. (Ord. 21-06 § 1; Ord. 12-02 § 1; Ord. 90-19 N.S. § 1, 1990).
13.35.030 Definitions.
“Base year” means a water year selected by the city manager for purposes of calculating the baseline amount.
“Baseline amount” means, for all customers, the average gallons per day of water used by that customer class during the base year.
“City” means the city of Benicia acting by and through the public works department as operator of the city water system.
“Customer” means any person, whether within or without the geographic boundaries of the city of Benicia, who uses water supplied by the city.
“Director” means the director of public works department for the city or designee.
“GPD” means gallons per day.
“HCF” means 100 cubic feet, where a cubic foot is 7.48 gallons.
“Person” means any person, firm, partnership, association, corporation, company, organization, or governmental entity. (Ord. 21-06 § 1; Ord. 12-02 § 1; Ord. 90-19 N.S. § 1, 1990).
13.35.040 Authorization.
The city manager or his designee, upon the recommendation of the director, is authorized and directed to implement the applicable provisions of this chapter upon their determination that such implementation is necessary to protect the public welfare and safety. (Ord. 21-06 § 1; Ord. 12-02 § 1; Ord. 90-19 N.S. § 1, 1990).
13.35.050 Application.
The provisions of this chapter shall apply to all persons, customers, and property served by the city. (Ord. 21-06 § 1; Ord. 12-02 § 1; Ord. 90-19 N.S. § 1, 1990).
13.35.060 Emergency water shortage stages.
No customer of the city shall knowingly make, cause, use, or permit the use of water from the city for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this chapter, or in an amount in excess of that use permitted by the conservation stage in effect pursuant to action taken by the city manager, or their designee, in accordance with the provisions of this chapter. When a conservation stage is declared, the city manager shall select the appropriate base year based on the recommendation of the director. Emergency water shortage stages and the corresponding reduction percentages are listed in the table below for ease of reference.
|
Stage |
Stage Name |
Percentage Savings From Base Year Use |
|---|---|---|
|
1 |
Water Alert |
Up to 10% |
|
2 |
Moderate Shortage |
11 – 20% |
|
3 |
Severe Shortage |
21 – 30% |
|
4 |
Critical Shortage |
31 – 40% |
|
5 |
Shortage Crisis |
41 – 50% |
|
6 |
Emergency Shortage |
Greater than 50% |
A. Stage 1 – Water Alert (Up to 10 Percent).
1. Waste and unreasonable use of water prohibited, and voluntary conservation encouraged (up to 10 percent);
2. Situation and possible subsequent water shortage stages explained to the public and governmental bodies (up to 10 percent);
3. Focus on customers with high per capita water usage to achieve proportionally greater reduction than those with low use;
4. Actions include, but are not limited to:
a. Public information campaign consisting of distribution of literature, speaking engagements, website updates, bill inserts, and conversation messages printed in local newspapers;
b. Educational programs in area schools;
c. Conservation hotline;
d. Discussion of equitable water waste response policy (combined up to 10 percent);
5. Consumption reduction methods, including:
a. Demand reduction program;
b. Plumbing and irrigation fixture replacement;
c. Water conservation kits;
d. Education programs;
e. Voluntary rationing (combined up to 10 percent);
6. The following uses of water are defined as a “waste of water” and are absolutely prohibited:
a. Allowing water to run off unused to a gutter, ditch, or drain;
b. Failing to repair a controllable leak;
c. Washing sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas, unless the concrete foundation is in the process of curing during construction, and except to alleviate immediate fire hazards, or for the protection of health and safety;
d. Utilizing a hand-held hose without an automatic shut-off nozzle;
e. Irrigating during rain.
B. Stage 2 – Moderate Shortage (11 to 20 Percent).
1. All measures implemented in Stage 1;
2. Voluntary conservation allotments/usage reductions (up to 20 percent);
3. Mandatory conservation rules and restrictions and prohibitions on end uses (10 to 20 percent);
4. Usage in excess of customer baseline subject to drought penalty (BMC 13.35.090);
5. All consumption reduction methods from Stage 1 and intensified as needed; additionally:
a. Use Prohibitions. Voluntary outdoor irrigation restrictions including limiting number of watering days per week, and time when irrigation can occur (e.g., between 6:00 p.m. and 9:00 a.m.).
C. Stage 3 – Severe Shortage (21 to 30 Percent).
1. All measures implemented in Stages 1 and 2;
2. Some or all of the following:
a. Adherence to customer baselines and actual water use reductions, water allocations and mandatory conservation rules;
b. Water usage goals established by an authorized government agency or official;
c. Customer water usage in excess of baseline to be monitored and recorded;
d. Water use prohibitions can include restrictions of days and daytime hours for watering, excessive watering resulting in gutter flooding, using a hose without a positive shutoff device, use of decorative fountains with non-recirculating pumps, washing down sidewalks or patios, etc. (up to 30 percent);
3. Monitor water production weekly for compliance with necessary reductions;
4. All activities are intensified, and production is monitored daily for compliance with necessary reductions (up to 30 percent);
5. All consumption reduction methods from Stage 2 and intensified as needed; additionally:
a. Reduce pressure in water lines; flow restriction;
b. Mandatory rationing;
c. Incentives to reduce water consumption; excess use penalty;
d. Percentage reduction by customer type (combined up to 30 percent);
6. Penalties and charges for excessive use, including penalties for not reducing consumption, charges for excess use, under BMC 13.35.090.
D. Stage 4 – Critical Shortage (31 to 40 Percent).
1. All measures implemented in Stages 1 through 3;
2. All activities are intensified and production is monitored daily for compliance with necessary reductions (up to 40 percent);
3. All consumption reduction methods from Stage 3 and intensified as needed; additionally:
a. Restrict building permits; restrict for only priority uses;
4. Penalties and charges for excessive use, including penalties for not reducing consumption, charges for excess use (up to 40 percent);
5. Continue monitoring and addressing water use above baseline with penalties under BMC 13.35.090;
6. Catastrophic event (supply reduction up to 40 percent): implement applicable actions for catastrophic events.
E. Stage 5 – Shortage Crisis (41 to 50 Percent).
1. All measures implemented in Stages 1 through 4;
2. Source of supply for the system is severely curtailed to the level that requires each customer to restrict their water use for only human health and safety purposes (up to 50 percent);
3. All activities are intensified, and production is monitored daily for compliance with necessary reductions (up to 50 percent);
4. All consumption reduction methods from previous stages and intensified as needed;
5. Possible reductions in customer baselines and actual water use reductions (up to 50 percent);
6. Usage in excess of customer baseline to be charged at regular rate plus an additional drought emergency surcharge amount (up to 50 percent);
7. Update current water shortage condition response measures based on council approvals and direction, state policy directives, emergency conditions, or to improve customer response;
8. Catastrophic event (supply reduction up to 50 percent): implement applicable actions for catastrophic events (such as boil water order);
9. Continue water monitoring for reduction from baseline with potential penalties under BMC 13.35.090.
F. Stage 6 – Emergency Shortage (Greater Than 50 Percent).
1. All measures implemented in Stages 1 through 5;
2. Source of supply for the system is severely curtailed to the level that requires each customer to restrict their water use for only human health and safety purposes (greater than 50 percent);
3. All activities are intensified, and production is monitored continually for compliance with necessary reductions (greater than 50 percent);
4. All consumption reduction methods from previous stages and intensified as needed;
5. Possible reductions in customer baselines and actual water use reductions (greater than 50 percent);
6. Usage in excess of customer baseline to be charged at regular rate plus an additional drought emergency surcharge amount (greater than 50 percent);
7. Update current water shortage condition response measures based on council approvals and direction, state policy directives, emergency conditions, or to improve customer response;
8. Catastrophic event (supply reduction greater than 50 percent): implement applicable actions for catastrophic events;
9. Continue water monitoring for reduction from baseline with potential penalties under BMC 13.35.090. (Ord. 21-06 § 1; Ord. 12-02 § 1; Ord. 91-5 N.S. §§ 1, 3, 1991; Ord. 91-2 N.S. §§ 1, 2, 1991; Ord. 90-19 N.S. § 1, 1990).
13.35.070 Mandatory conservation phase implementation.
A. The public works department shall monitor the projected supply and demand for water by its customers and shall recommend to the city manager the extent of the conservation required in order for the department to prudently plan for and supply water to its customers. Thereafter, the city manager may order that the appropriate phase of water conservation be implemented in accordance with the applicable provisions of this section. Said order shall be made by public announcement and shall be published a minimum of one time in a daily newspaper of general circulation and shall continue to be published on a weekly basis until such time as all restrictions are removed. Said order shall become effective immediately upon the first publication.
B. Conservation Stages. The various stages of water conservation shall be implemented upon authorization by the city manager. (Ord. 21-06 § 1; Ord. 12-02 § 1; Ord. 91-5 N.S. § 2, 1991; Ord 91-2 N.S. § 3, 1991; Ord. 90-19 N.S. § 1, 1990).
13.35.080 Duration of conservation stages.
Stage 1 shall be effective upon the effective date of the ordinance codified in this chapter, and the restrictive provisions of Stage 1 as set forth in BMC 13.35.060 shall apply to all water consumption on and after said date. Stage 1 will be rescinded at such time that conditions, as set forth in BMC 13.35.070, indicate a more restrictive stage is necessary. (Ord. 21-06 § 1; Ord. 12-02 § 1; Ord. 90-19 N.S. § 1, 1990).
13.35.090 Drought penalty.
A. Customers will receive prior individual notification of the baseline amount, applicable rates, and the opportunity to request exceptions.
B. Water use beyond the maximum allowed for each water conservation stage shall be subject to a drought penalty pursuant to the schedule set forth in subsection (C) of this section. The customer of record may request an increase in this baseline amount as set forth in BMC 13.35.110. Application forms and instructions will be provided to customers and will also be available at the city water billing office.
C. In addition to the general water service rates, each customer shall pay, during each billing period, a drought penalty for water used in excess of the baseline amount for the declared conservation stage. The drought penalty is as follows:
|
Amount of Excess Water Use |
Increased Rate for Use in Excess |
|---|---|
|
<=10% higher than baseline for conservation stage |
2 times the regular rate |
|
10.01% to 20% higher than baseline for conservation stage |
3 times the regular rate |
|
>20% higher than the baseline for conservation stage |
4 times the regular rate |
For water used up to 10 percent in excess of the baseline amount there shall be a drought penalty equal to two times the applicable volume charge, in addition to the applicable service charge and volume charge;
For water used from 10.01 percent to 20 percent in excess of the baseline amount there shall be a drought penalty of three times the applicable volume charge levied on this excess only, in addition to the drought penalty on the first 10 percent and the applicable service charge and volume charge; and
For water used over 20 percent in excess of the baseline amount, there shall be a drought penalty of four times the applicable volume charge levied only on this excess over 20 percent, in addition to the drought penalties on the first 20 percent and the applicable service charge and volume charge.
D. In addition to the drought penalty, if water usage exceeds the allowed baseline amount, a warning will be issued, and enforcement actions may be taken as described in BMC 13.35.120. (Ord. 21-06 § 1; Ord. 12-02 § 1; Ord. 91-5 N.S. § 4, 1991; Ord. 91-2 N.S. § 1, 1991; Ord. 90-19 N.S. § 1, 1990).
13.35.100 Drought surcharge.
A. A drought surcharge may be imposed by the city council, upon the recommendation of the director, to compensate for a loss of water revenue, and to pay drought-related costs such as the purchase of water incurred by the city as a result of the drought.
B. The drought surcharge amount shall be established by a resolution adopted by the city council at the time of imposition. The drought surcharge is temporary and will be in effect until drought-related costs are recovered and water supply conditions have stabilized, and the council terminates the surcharge by adoption of a resolution. (Ord. 21-06 § 1; Ord. 14-08 § 1; Ord. 14-07 § 2; Ord. 12-02 § 1; Ord. 91-5 N.S. § 5, 1991; Ord. 91-2 N.S. § 5, 1991; Ord. 90-19 N.S. § 1, 1990. Formerly 13.35.095).
13.35.110 Exceptions and application procedures for exceptions.
A. Any customer of record may apply to the director to increase the amount of water that may be used without exceeding the baseline amount for any one or more of the following reasons:
1. Medical requirements;
2. More than four residents in a single-family residential household. The additional amount allotted shall be 50 gpd per person;
3. Incorrect customer classification based on predominant use;
4. When failure to do so would cause severe economic hardship to the applicant, including, but not limited to, threat of imminent insolvency;
5. When failure to do so would cause an emergency condition affecting the health, sanitation, fire protection, or safety of the applicant or the public;
6. To protect mature trees providing a community benefit.
B. Written applications for such exceptions may be granted by the director based upon clear and convincing evidence that any one or more of the foregoing conditions has been satisfied and it is in the public interest to grant such application.
C. The quantity of water allowed in addition to the baseline amount shall be determined by the director and shall not exceed that quantity necessary to alleviate the condition which justified granting the application for an exception. (Ord. 21-06 § 1; Ord. 12-02 § 1; Ord. 91-2 § 4, 1991; Ord. 90-19 N.S. § 1, 1990. Formerly 13.35.100).
13.35.120 Violation – Enforcement.
It shall be a violation of this chapter for any water customer or account holder to violate any of the provisions of this chapter or of the administrative rules and regulations promulgated hereunder or to waste any water obtained from or through the distribution facilities of the city, or for any person to engage in wasting water as defined herein. The violation of each specific provision of this chapter, and each separate violation thereof, shall be deemed a separate offense, and shall be enforced accordingly.
A. Violations.
1. For the first violation within the preceding 12 calendar months, the director shall issue a written notice of the fact of such violation.
2. For the second violation within the preceding 12 calendar months, the director shall impose a surcharge of $50.00 against the account holder for the property where the violation occurred.
3. For the third violation within the preceding 12 calendar months, the director shall impose a surcharge of $100.00 against the account holder for the property where the violation occurred.
4. For a fourth and any subsequent violation within the preceding 12 calendar months, the director or his designee shall impose a surcharge of $250.00 against the account holder for the property where the violation occurred.
Further, the director may:
a. Install a flow restrictor on the property where the violation occurred or is occurring, for a length of time to be determined by the director, but in no event for more than one year; or
b. Disconnect service on the property where the violation occurred or is occurring, for a length of time not to exceed 60 days in length.
5. As an additional remedy, the violation of any provision of this chapter by any person who has received more than one written warning pursuant to subsection (A)(1) of this section or against whom the director has imposed a second violation in one consecutive 12-month period is deemed to be and is hereby declared a public nuisance and may be subject to abatement by restraining order or injunction issued by a court of competent jurisdiction.
B. Time Period for Accounting Violations. Accrued violations will be based on acts of noncompliance occurring within a consecutive 12-month period. Each successive 24-hour period of any violation or failure to comply shall be a separate and distinct violation.
C. Notice of Violation. For each violation, the director shall give notice as follows:
1. Written notice of violation will be sent through the U.S. mail, first-class prepaid, to the address of the account holder as shown on current water billing records or personally served on the account holder. The notice will be considered to have been served upon the account holder either upon depositing the notice in the U.S. mail or when personally served, whichever methodology is utilized.
2. Written notice of violation shall include the date, time, and location of the violation; a description of the violation; provisions of the ordinance violated; a statement of the assessed surcharge or other enforcement action; and the appeal procedures.
D. Right of Appeal. Any account holder provided a notice of violation in accordance with the provisions of this chapter shall have the right of appeal. A request for hearing must be made in writing and must be received by the director within 10 calendar days from the date of personal or mailed service of the notice of violation. Upon receipt of an appeal and request for hearing, all applicable surcharges and enforcement actions will be suspended until such hearing has been completed and a final determination made.
E. Determination of Appeal. The appeal will be heard and determined by city manager or the designee of the city manager. The city manager shall consider whether the account holder knew or should have known of the violation at the time it occurred and whether the account holder took reasonable action to correct the violation upon notification of said violation. The determination of the city manager will be final and conclusive.
F. Payment of Penalties and Charges. Any surcharge imposed pursuant to this section, or reimbursement of city expenses, shall be added to the account of the account holder for the property where the violation occurred and shall be due and payable on the same terms and subject to the same conditions as any other charge for regular water service.
G. Reimbursement of City Expenses. If violations result in either installation of a flow restrictor, discontinuation of water service, or injunctive relief sought and obtained by the city pursuant to this chapter, the account holder whose service is affected shall reimburse the city for all costs incurred, including attorney’s fees.
H. Reimbursement From Tenants. Nothing in this chapter shall limit or be construed to limit the right of an account holder to seek reimbursement of a surcharge or other costs from a tenant or other consumer. (Ord. 21-06 § 1; Ord. 12-02 § 1; Ord. 91-5 N.S. § 6, 1991; Ord. 90-19 N.S. § 1, 1990. Formerly 13.35.110).
13.35.130 Violation – Additional remedy.
As an additional remedy, the violation of any provision of this chapter by any person who has received more than one written warning pursuant to BMC 13.35.120 to refrain from the same or any other violation under this chapter in one calendar year shall be deemed, and is declared to be, a public nuisance and may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. 21-06 § 1; Ord. 12-02 § 1; Ord. 90-19 N.S. § 1, 1990).