Chapter 13.06
WATER CONSERVATION
Sections:
13.06.040 Permanent water conservation requirements – Prohibition against waste.
13.06.050 Level 1 water supply shortage.
13.06.060 Level 2 water supply shortage.
13.06.070 Level 3 water supply shortage – Emergency conditions.
13.06.080 Level 4 water supply shortage – Emergency conditions.
13.06.090 Procedures for notification of water supply shortage.
13.06.110 Penalties and violations.
13.06.010 Purpose and intent.
A. The purpose of this chapter is to establish a water conservation and supply shortage program that will reduce water consumption within the city of Covina’s jurisdiction through conservation and education, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, maximize the efficient use of water within the city of Covina to avoid and minimize the effect and hardship of water shortage to the greatest extent possible. The provisions of this chapter also provide the city of Covina the means to adjust, set and enforce any new conditions as a functional response to any new or added water supply shortage regulations ordered at the local, state or federal government level.
B. This chapter establishes permanent water conservations standards intended to alter behavior related to water use efficiency at all times and further establishes four levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies. The city of Covina reserves the right to enhance or modify these standards as needed to mirror updated guidance from local, state, or federal government regulations. (Ord. 22-10 § 1, 2022; Ord. 09-1973 § 1, 2009.)
13.06.020 Definitions.
The following words and phrases whenever used in this chapter shall have the meaning defined by this section:
A. “Person” means any natural person or persons, corporation, public or private entity, governmental agency or institution, including all agencies and departments of the city of Covina or any other user of water provided by the city of Covina.
B. “Landscape irrigation system” means an irrigation system with pipes, hoses, tubing, spray heads, or sprinkling devices that are operated by hand or through an automated system.
C. “Large landscaped areas” means a lawn, landscape, or other vegetated area, or combination thereof, equal to or greater than one acre of irrigable land.
D. “Single-pass cooling systems” means equipment where water is circulated only once to cool equipment before being disposed.
E. “Potable water” means water which is suitable for drinking.
F. “Recycled water” means the reclamation and reuse of nonpotable water for beneficial use as defined in Title 22 CFR. (Ord. 22-10 § 1, 2022; Ord. 09-1973 § 1, 2009.)
13.06.030 Application.
A. The provisions of this chapter apply to any person in the use of potable water provided by the city of Covina.
B. The provisions of this chapter do not apply to the following:
1. Uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.
2. The use of recycled water, with the exception of CMC 13.06.040(A).
3. The use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale. (Ord. 22-10 § 1, 2022; Ord. 09-1973 § 1, 2009.)
13.06.040 Permanent water conservation requirements – Prohibition against waste.
The following water conservation requirements are effective at all times and are permanent. Violations of this section shall be considered waste and an unreasonable use of water.
A. Limits on Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. Pacific Time on any day, except by use of hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing, shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
B. Limit on Watering Duration. Watering or irrigating of lawn, landscape, or other vegetated areas with potable water using a landscape irrigation system or water device that is not continuously attended is limited to no more than 15 minutes watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow, drip-type irrigation systems when no emitter produces more than two gallons of water per hour and weather-based controllers or stream rotor sprinklers that meet a 70 percent efficiency standard.
C. No Excessive Water Flow or Runoff. Watering or irrigating lawn, landscape, or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
D. No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive, self-closing shut-off device, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume, high-pressure water broom.
E. Obligation to Fix Leaks, Breaks, or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected, and in no event more than five days of receiving notice from the city, is prohibited.
F. Recirculating Water Required for Water Fountains and Decorative Water Features. Operating a water fountain or other decorative water feature that does not use recirculated water is prohibited.
G. Limits on Washing Vehicles. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited, except by the use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing, shut-off nozzle or device. This subsection does not apply to any commercial car washing facility.
H. Drinking Water Served Upon Request Only. Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. This subsection does not apply to permanently installed public drinking fountains.
I. Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services. Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language.
J. No Installation of Single-Pass Cooling Systems. Installation of single-pass cooling systems is prohibited in buildings requesting new or increased capacity water service.
K. No Installation of Nonrecirculating Water Systems in Commercial Car Wash and Laundry Facilities. Installation of nonrecirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.
L. Restaurants Required to Use Water-Conserving Dish Wash Spray Valves. Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water-conserving dish wash spray valves.
M. Commercial Car Wash Systems. Effective on January 1, 2011, all commercial conveyor car wash systems must have installed operational recirculating water systems, or must have secured a waiver from this requirement from the city. (Ord. 22-10 § 1, 2022; Ord. 09-1973 § 1, 2009.)
13.06.050 Level 1 water supply shortage.
A. A Level 1 water supply shortage exists when the city manager or designee thereof determines that due to drought or other water supply conditions, a water supply shortage or threatened water supply shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions.
B. In addition to the prohibited uses of water identified in CMC 13.06.040, the following water conservation requirements shall be in effect during a declared Level 1 water supply shortage:
1. Watering or irrigating of lawn, landscape, or other vegetated area with potable water is limited to three days per week on a schedule established and posted by the director of public works. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the director of public works. Watering or irrigating of lawn, landscape, or other vegetated areas with potable water using a landscape irrigation system or water device that is not continuously attended is limited to no more than 15 minutes per day per station. This subsection does not apply to landscape irrigation zones that exclusively use very low-flow drip irrigation systems when no emitter uses more than two gallons of water per hour. This subsection also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing, shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
2. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within 72 hours of notification by the city unless other arrangements are made with the city. Whenever possible, the water user must immediately isolate or valve off any part of their distribution system or irrigation system for the express purpose of eliminating water waste until permanent repair can be made. (Ord. 22-10 § 1, 2022; Ord. 09-1973 § 1, 2009.)
13.06.060 Level 2 water supply shortage.
A. A Level 2 water supply shortage exists when the city manager or designee thereof determines that due to drought or other water supply conditions, a water supply shortage or threatened water supply shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions.
B. In addition to the prohibited uses of water identified in CMC 13.06.040 and 13.06.050, the following additional water conservation requirements shall be in effect during a declared Level 2 water supply shortage:
1. Watering or irrigating of lawn, landscape, or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the director of public works. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the director of public works. Watering or irrigating of lawn, landscape, or other vegetated areas with potable water using a landscape irrigation system or water device that is not continuously attended is limited to no more than 10 minutes per day per station. This subsection does not apply to landscape irrigation zones that exclusively use very low-flow drip irrigation systems when no emitter uses more than two gallons of water per hour. This subsection also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing, shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
2. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within 48 hours of notification by the city unless other arrangements are made with the city. Whenever possible, the water user must immediately isolate or valve off any part of their distribution system or irrigation system for the express purpose of eliminating water waste until permanent repair can be made.
3. Filling or refilling ornamental lakes or ponds is prohibited except to the extent needed to sustain aquatic life; provided, that such animals are of significant value and have been actively managed within the water feature prior to declaration of supply shortage level.
4. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited except by the use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing, shut-off nozzle or device, by high-pressure/low-volume wash systems, or at a commercial car washing facility that utilizes a recirculating water system to capture or reuse water. (Ord. 22-10 § 1, 2022; Ord. 15-2039 § 1, 2015; Ord. 09-1973 § 1, 2009.)
13.06.070 Level 3 water supply shortage – Emergency conditions.
A. A Level 3 water supply shortage condition is also referred to as an “emergency” condition. A Level 3 condition exists when the city manager or designee thereof declares a water shortage emergency and notifies residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. During a Level 3 water supply shortage condition, the director of public works will implement the mandatory Level 3 conservation measures identified in this section.
B. In addition to the prohibited uses of water identified in CMC 13.06.040, 13.06.050, and 13.06.060, the following additional water conservation requirements shall be in effect during a declared Level 3 water supply shortage emergency:
1. Watering or irrigating of lawn, landscape, or other vegetated area with potable water is limited to one day per week on a schedule established and posted by the director of public works. Watering or irrigating of lawn, landscape, or other vegetated areas with potable water using a landscape irrigation system or water device that is not continuously attended is limited to no more than eight minutes per day per station. This subsection does not apply to landscape irrigation zones that exclusively use very low-flow drip irrigation systems when no emitter uses more than two gallons of water per hour. This subsection also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing, shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Any irrigation system shall apply water at a weekly volume not to exceed that consistent with the one-day watering restriction.
2. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within 48 hours of notification by the city unless other arrangements are made with the city. Whenever possible, the water user must immediately isolate or valve off any part of their distribution system or irrigation system for the express purpose of eliminating water waste until permanent repair can be made.
3. Filling or refilling ornamental lakes or ponds is prohibited except to the extent needed to sustain aquatic life; provided, that such animals are of significant value and have been actively managed within the water feature prior to declaration of supply shortage level.
4. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited except by the use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing, shut-off nozzle or device, by high-pressure/low-volume wash systems, or at a commercial car washing facility that utilizes a recirculating water system to capture or reuse water. (Ord. 22-10 § 1, 2022; Ord. 09-1973 § 1, 2009.)
13.06.080 Level 4 water supply shortage – Emergency conditions.
A. A Level 4 water supply shortage condition is also referred to as “emergency” condition. A Level 4 condition exists when the city manager or designee thereof declares a water shortage emergency and notifies residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. During a Level 4 water supply shortage condition, the director of public works will implement the mandatory Level 4 conservation measures identified in this section.
B. In addition to the prohibited uses of water identified in CMC 13.06.040, 13.06.050, 13.06.060, and 13.06.070, the following additional water conservation requirements shall be in effect during a declared Level 4 water supply shortage emergency:
1. Watering or irrigating lawn, landscape, or other vegetated area with potable water is prohibited. This restriction shall not apply to the following categories of use, if they are necessary to support health of trees or other perennials or the ability to recover after restrictions are lifted, unless the director of public works has determined that recycled water is available and may be applied to the use:
a. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing shut-off nozzle or device.
b. Maintenance of existing landscape necessary for fire protection.
c. Maintenance of existing landscape for soil erosion control.
d. Maintenance of plant materials identified to be rare or essential to the well-being of protected species.
e. Maintenance of landscape within active public parks and playing fields, provided that such irrigation does not exceed one day per week according to the schedule and time restrictions established in CMC 13.06.040(A) and 13.06.070(B)(1).
f. Actively irrigated environmental mitigation projects.
2. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within 24 hours of notification by the city unless other arrangements are made with the city. Whenever possible, the water user must immediately isolate or valve off any part of their distribution system or irrigation system for the express purpose of eliminating water waste until permanent repair can be made.
3. During a Level 4 water supply shortage emergency, no new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to service or provide potable water service, such as will serve letters, certificates, or letters of availability, will be issued, except under the following circumstances:
a. A valid, unexpired building permit has been issued for the project; or
b. The project is necessary to protect the public health, safety, and welfare; or
c. The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the director of public works.
This subsection does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of six months or less.
4. The director of public works, in his or her sole discretion, may discontinue service to consumers who willfully violate provisions of this section.
5. During a Level 4 water supply shortage emergency, the city will suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water. (Ord. 22-10 § 1, 2022.)
13.06.090 Procedures for notification of water supply shortage.
The existence of a Level 1, Level 2, Level 3 or Level 4 water supply shortage condition will take effect on the tenth day after the date the shortage is declared. Declaration may be made by the director of public works via citywide notice, such as a posting on the city website, or comparable notification. Within five days following the declaration of the shortage level, the director of public works or designee thereof must publish a notice of the declaration of water supply shortage in a newspaper used for publication of official notices, post the notice in the same location and manner as other official notices of the city are posted, and use whatever means are reasonably available, including but not limited to the city’s website, the emergency telephone notification system, and regular billing statements, to notify customers of the shortage declaration. (Ord. 22-10 § 1, 2022; Ord. 09-1973 § 1, 2009. Formerly 13.06.080.)
13.06.100 Hardship waiver.
A. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, the person or property owner may apply for a waiver to the requirements as provided in this section.
B. The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user’s property.
1. Application for waiver must be on a form prescribed by the city and accompanied by a nonrefundable processing fee in an amount set by resolution of the Covina city council.
2. The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.
3. An application for waiver will be denied unless the director of public works finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the city, all of the following:
a. The waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;
b. Because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally;
c. The authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this chapter and will not be detrimental to the public interest; and
d. The condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent, or general in nature.
4. The director of public works or designee thereof must act upon any completed application no later than 10 days after submittal and may approve, conditionally approve, modify, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property or use during the period of the mandatory water supply shortage condition. The decision of the director of public works may be appealed as provided within the water utility’s approved rules and regulations. (Ord. 22-10 § 1, 2022; Ord. 09-1973 § 1, 2009. Formerly 13.06.090.)
13.06.110 Penalties and violations.
A. At the sole discretion of the city, any violation of this chapter may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than 30 days or by a fine not exceeding $1,000, or by both.
B. At the sole discretion of the city, in lieu of prosecution as a misdemeanor, any violation of this chapter may result in a penalty being assessed to a person’s water utility bill, as follows:
1. First Violation. The city will issue a written warning and deliver a copy of the ordinance codified in this chapter either by mail or by hand delivery to the property.
2. Second Violation. A second violation within the preceding 12 calendar months is punishable by the levying of an assessment of $100.00 upon the responsible person’s water bill.
3. Third Violation. A third violation within the preceding 12 calendar months is punishable by the levying of a noncompliance assessment of $200.00 upon the responsible person’s water bill.
4. Fourth and Subsequent Violations. A fourth and any subsequent violation is punishable by the levying of a noncompliance assessment of $400.00 upon the responsible person’s water bill.
5. Water Flow Restrictor. In addition to or in place of any noncompliance assessments, the city, in its sole discretion, may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one-and-one-half-inch size and comparatively sized restrictors for larger services 48 hours after written notice of intent to install a flow restrictor is issued.
6. Discontinuing Service. In addition to or in place of any noncompliance assessments and/or the installation of a water flow restrictor, the city may, in its sole discretion, disconnect a customer’s water service for willful violations of mandatory conservation measures contained within this chapter.
C. A person or entity that violates any of the provisions of this chapter is responsible for payment of the city’s charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the city’s schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the city before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
D. Each day that a violation of this chapter occurs is a separate offense.
E. A consumer may appeal a notice of violation or violation penalty assessment by filing a written appeal as prescribed within the water utility’s approved rules and regulations. (Ord. 22-10 § 1, 2022; Ord. 09-1973 § 1, 2009. Formerly 13.06.100.)