Chapter 13.10
WATER CONSERVATION
Sections:
13.10.070 Additional requirements for commercial industrial uses.
13.10.120 Content of application for a waiver.
13.10.010 Findings of facts.
It is found and determined that:
A. Water is a most precious resource for the health and benefit of the citizens of Galt and an adequate supply of water for the present and future must be protected.
B. The central valley region in general and the city in particular are experiencing a decline in ground water supplies. This overdraft situation is the result of the removal of water from the ground through agricultural and domestic wells in quantities which are in excess of the quantity of water that is replenished into the ground water supply through natural processes.
C. An increase in demand for water supplies throughout the state and in Galt in particular can be expected as long as growth continues.
D. The waste of water is an unreasonable and nonbeneficial use of water and is a detriment to the maintenance of the necessary supply of water necessary for public health, welfare and safety.
E. Conservation of water will reduce water demand and will thus have a positive effect on the supply of water and at the same time, will have a positive effect on the maintenance and operation of the system of supply and on energy conservation. (Ord. 93-01 § 2 (part))
13.10.020 Purpose.
It is the purpose of this chapter to promote the public health, welfare and safety through provisions designed to:
A. Encourage water conservation by the public and industry and by the various commercial uses;
B. Minimize or eliminate the waste of water through voluntary compliance and through increased rates or other punitive action;
C. Reduce the per capita water consumption in the city during the years of normal precipitation and during years of drought;
D. Protect and conserve the supply of water during any of several kinds of emergency or crisis. (Ord. 93-01 § 2 (part))
13.10.030 Methods.
To accomplish the stated purposes, this chapter establishes:
A. A staged water use policy governing the use of water within the city based upon the adequacy or inadequacy of water supplies;
B. Regulations that specify the nonpermitted uses of water according to the state implemented;
C. Penalties for noncompliance;
D. Waivers from any or all requirements of this chapter in the case of hardship, overriding considerations of health or welfare, or otherwise, as specified. (Ord. 93-01 § 2 (part))
13.10.040 Implementation.
The city manager shall establish the state of the water use policy which shall be in effect from time to time based upon recommendations of the city engineer. Such recommendation of the city engineer may be based upon, but shall not be limited to times of drought, prolonged power outages or the perception of such, natural disasters or water generation or transmission system failures. Such water use policy stage shall remain in full force and effect until subsequent action is taken by the city manager to upgrade or downgrade the stage as may be necessary or desirable. (Ord. 93-01 § 2 (part))
13.10.050 Notification.
Upon determination of the water use policy stage and thereafter, any upgrade or downgrade of such stage, the city manager shall determine the means by which the city shall notify residents. Notification may be achieved through newspaper, public notice, mailings, utility billings or by a combination of such or by other means as determined by the city manager. (Ord. 93-01 § 2 (part))
13.10.060 Water use policy.
A. Stage 1 - Normal Water Supply.
1. The waste of water is prohibited. “Waste of water” under this section shall mean allowing water to escape from the water supply at the rate of one quart or more per hour from any leaky, worn or broken faucets, valves, pipes or other fixtures, or permitting water to run from any hose, hose nozzle, valve or sprinkler in a wasteful, useless or nonbeneficial manner.
2. Free flowing water hoses shall be prohibited except where used for filling troughs, pools, spas, ponds or similar uses. Automatic shutoff devices shall be used on all hoses for the purposes of watering lawns or gardens or for the washing of vehicles, boats, equipment, driveways, sidewalks, or similar uses.
3. All leaking water lines and/or faulty sprinkler systems must be repaired within five days. At the discretion of the city’s public works department, and upon a showing or just cause by the use, the five-day limit may be extended. Any water line beyond and including the correction to the curb stop shall be the resident’s responsibility for repair and replacement.
4. All pools, spas, ponds and ornamental fountains shall be equipped with a recirculating pump and shall be constructed in a leak-proof manner. Draining and refilling of such structure shall be allowed only for health, maintenance or structural considerations.
B. Stage 2 - Water Alert.
1. All requirements of stage 1 apply, and in addition, landscape and pasture irrigation shall be limited to a maximum of three days per week, when necessary, and shall be based on the following odd-even schedule:
a. Customers with street addresses ending with an even number may irrigate only on Wednesday and/or Friday and/or Sunday;
b. Customers with street addresses ending with an odd number may irrigate only on Tuesday and/or Thursday and/or Saturday;
c. No irrigation will be permitted on Mondays.
2. Draining and refilling of pools, spas and ponds shall be allowed for health, maintenance or structural considerations, after approval by the city engineer. Customer requests for approval must be substantiated in writing by a pool consultant or equivalent.
3. Restaurants shall serve water only upon specific request.
4. No washing of sidewalks, streets, driveways, parking lots, structures, or similar uses will be allowed except as necessary for health, sanitary or fire protection purposes.
5. Washing of vehicles, boats, equipment, etc. shall be accomplished under the following restrictions:
a. Water buckets shall be utilized;
b. Water hoses with automatic shutoff devices may be used for rinsing for a duration not to exceed three minutes.
C. Stage 3 - Water Warning.
1. All requirements of stage 1 and stage 2 apply, except that:
2. Watering lawns, flower beds, landscaping, and similar uses will be limited to two days per week with even addresses watering on Wednesdays and/or Sundays and odd addresses watering on Tuesdays and/or Saturdays.
3. The director of public works of the city shall take the following precautions:
a. Flushing of sewers or fire hydrants shall be limited to essential operations for the benefit of public health or welfare;
b. Construction water usage, such as dust control, trench jetting, and compaction will be permitted only under specific authorization of the director of public works;
c. On any construction site no water shall be used for the cleaning of vehicles, equipment or fixed works.
4. The washing of sidewalks, streets, driveways, parking lots, structures, or similar uses is prohibited except as authorized in writing by the city engineer.
D. Stage 4 - Water Crisis (Emergency).
1. All requirements of stage 1, stage 2 and stage 3 shall apply except that:
a. Landscaping and pasture irrigation with potable water is prohibited;
b. The washing of vehicles, boats, equipment, etc. is prohibited except at a commercial establishment that utilizes recycled or partially recycled water;
c. No potable water from the city’s system shall be used to fill or refill any pools, spas or ponds, etc. Use of ornamental fountains is prohibited;
d. No potable water from the city’s system shall be used for construction purposes. (Ord. 93-01 § 2 (part))
13.10.070 Additional requirements for commercial industrial uses.
Due to the diversity of present and future commercial and industrial uses in the city and the water requirements pertaining thereto, the city manager is authorized to impose additional restrictions on water use, to prevent waste of water or the unreasonable nonbeneficial use of water, on a case by case basis to any specific business or industry. Such requirements shall be made in writing and thereafter shall remain in full force and effect within the provisions of this chapter until notice is given in writing to the contrary. (Ord. 93-01 § 2 (part))
13.10.080 Enforcement.
All employees, permanent or temporary, or contractees or the city designated by the city manager or by the city manger’s designee, are authorized to enforce the provisions of this chapter. (Ord. 93-01 § 2 (part))
13.10.090 Penalties.
The penalties stated in this section are deemed to neither limit nor repeal any other powers granted under state or federal law or Chapter 21.01 of Title 21. Notice of each and all violations of this Chapter shall be given in writing to the occupant of the site of the violation, or to any person in control of such site, or posted on the site in a conspicuous location. Each day any violation of this Chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable as such, except as otherwise indicated in this Chapter.
A. For stages 1 through 3 of water use policy, the penalties for violations within a twelve-month period will be as follows:
1. First offense. Warning;
2. Second offense. Twenty-five dollars added to water bill, to account for wasted water;
3. Third offense. Fifty dollars added to water bill, to account for wasted water;
4. Fourth offense. One hundred dollars added to water bill, to account for wasted water;
5. Fifth offense. Customer will be required to install a water meter at his/her own expense in addition to a one hundred dollar reconnection fee;
6. Additional offenses. One hundred dollars added to water bill, to account for wasted water, plus the installation of a flow restrictor at customer’s expense.
B. For stage 4 of water use policy, the following penalties will be applied for violations within a twelve-month period:
1. First offense. Warning;
2. Second offense. One hundred dollars added to water bill, to account for wasted water;
3. Third offense. Two hundred dollars added to water bill, to account for wasted water;
4. Fourth offense. Customer will be required to install a water meter at his/her own expense in addition to a two hundred dollar reconnection fee;
5. Additional offenses. Same as for stages 1 to 3 except two hundred dollars. (Ord. 2006-07, Amended, 06/06/2006; (Ord. 93-01 § 2 (part))
13.10.100 Waivers.
Waivers to the requirements of this chapter may be issued at the discretion of the city manager or his appointed representative but only when based upon such considerations as hardship, health or safety matters, unjustifiable repair costs, overall benefit to the public, protection of sensitive, threatened or endangered plant species or habitats, or compliance with other state, federal or local laws. Applications for a waiver, together with any fees required, shall be made on the form provided for such and delivered to the city. The existence of a pending application for waiver of the requirements of this chapter shall in no way waive or suspend compliance with such requirements. the issuance of a waiver shall not abrogate or nullify previous offenses nor shall it be grounds for a reimbursement of fines as applied in accordance with this chapter. The issuance of a waiver shall in no way limit or nullify the requirements of this chapter as they may apply to areas, violation or offenses other than those waived by such waiver. (Ord. 93-01 § 2 (part))
13.10.110 Waiver fee.
A. The city council may, by resolution, and from time to time, prescribe fees as part of the application for a waiver of the requirements of this chapter. Such fees shall be for the sole purpose of defraying costs incurred in the administration of this chapter.
B. All application fees for a waiver shall be paid at the time of and with the filing of the application with the city. No application shall be deemed valid or complete until all prescribed fees have been paid. Unless otherwise prescribed, fees shall not be refundable in whole or in part whether or not the waiver is issued or approval granted, nor if permittee ceases operating under the waiver in advance of expiration of the term thereof, if any. (Ord. 93-01 § 2 (part))
13.10.120 Content of application for a waiver.
A. Application for a waiver pursuant to Section 13.10.100 shall consist of the following information:
1. Name, signature, address and phone number of applicant requesting waiver;
2. Reasons for requesting waiver to include, but not necessarily be limited to hardship, health or safety matters, unjustifiable repair costs, overall benefit to the public, protection of sensitive, threatened or endangered plant species or habitats or compliance with other state, federal or local laws, etc.;
3. A description of the duration for which compliance will not be achieved;
4. Location of the nonconforming fixture or faucet.
B. As part of the application process, the city may request estimates of repair costs attached or other materials necessary to substantiate reasons given for an application for waiver. (Ord. 93-01 § 2 (part))