El Segundo Municipal Code Ch. 5 Water Conservation

This chapter is adopted pursuant to Water Code section 375 for the purpose of establishing permanent water conservation requirements. In the event of water shortages, this chapter also establishes contingency measures in the event of water shortages. The provisions of this chapter are mandatory unless it is found that the use of water is necessary to comply with a term or condition in a permit issued by a state or federal agency, or is otherwise exempt by this chapter. (Ord. 1509, 7-21-2015)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter:

IMPERVIOUS SURFACE: A constructed or modified surface that cannot effectively percolate water. The term includes, without limitation, sidewalks, driveways, gutters, and roads.

PERSON: A natural or corporate person who receives potable water service from the city.

PROGRAMMED: A weather based or sensor based irrigation controller that was programmed in accordance with manufacturer's instructions and site specific conditions.

RESPONSIBLE PERSON: The person responsible for daily operations of each residential or commercial premises located within the city's jurisdiction including, without limitation, the property owner.

SENSOR BASED IRRIGATION CONTROLLER: An irrigation controller that operates based upon input received from any combination of sensors such as rain, light, and soil moisture, installed within or around an irrigated landscape area.

WEATHER BASED IRRIGATION CONTROLLER: An irrigation controller that operates based on evapotranspiration rates and historic or real time weather data. (Ord. 1433, 11-3-2009, eff. 1-1-2010)

All water customers are required to adopt and put into use at the earliest possible date drought water conservation programs. (Ord. 1433, 11-3-2009, eff. 1-1-2010)

Responsible persons must, as soon as practicable, but not later than forty eight (48) hours after such person first discovers water leaks, commence repair of any leaking pipes, faucets, plumbing fixtures, other water service appliances, sprinklers, watering or irrigation systems, or distribution systems and promptly complete such repair work, unless a waiver is obtained from the city. (Ord. 1433, 11-3-2009, eff. 1-1-2010)

Except as otherwise provided by this section, it is unlawful for any person to water their lawn or landscaping or permit their lawn or landscaping to be watered between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. It is unlawful for any person to water their lawn or landscaping or permit their lawn or landscaping to be watered for a period longer than fifteen (15) minutes per station each day. Notwithstanding these prohibitions, the following is permitted:

A. Persons may operate an irrigation system between nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. for the purpose of installing, repairing or routine maintenance of the same;

B. Persons may water between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. using any of the following methods:

• 1. Properly programmed weather based and/or sensor based irrigation controllers;
• 2. Drip irrigation;
• 3. By hand, using a bucket; or
• 4. By hand, using a hose with an automatic shutoff nozzle.

C. Commercial nurseries and commercial grower's products may irrigate before ten o'clock (10:00) A.M. and after six o'clock (6:00) P.M. only. Watering is permitted at any time with a handheld hose equipped with a positive shutoff nozzle, a bucket, or when a drip/micro-irrigation system/equipment is used. Irrigation of nursery propagation beds is permitted at any time. Watering of livestock is permitted at any time. (Ord. 1509, 7-21-2015)

The following are unlawful for any person:

A. Allowing grass, lawns, ground cover, shrubbery, and open ground to be watered at any time while it is raining or within forty eight (48) hours after measurable rainfall.

B. Operating landscape irrigation system(s) that allow overspray or excess runoff onto impervious surfaces (such as sidewalks, driveways, V-ditches, gutters and roadways).

C. To use a water hose to wash any vehicle including, without limitation, cars, trucks, boats, trailers, recreational vehicles, or campers, or any other aircraft, tractor, or any other vehicle, or any portion thereof, unless the hose is equipped with an automatic shutoff nozzle. Except for individual residential vehicle washing, all wash water from vehicle washing/cleaning activity must be prevented from discharging to the stormwater drainage system. (Ord. 1509, 7-21-2015)

A. It is unlawful for commercial car wash facilities to permit the washing of any boat or vehicle in such facility or on its premises, other than by the following methods:

1. Use of mechanical automatic car wash facilities utilizing water recycling equipment or utilizing recycled water;

2. Use of a hose that operates on a timer for limited time periods and shuts off automatically at the expiration of the time period;

3. Use of a hose equipped with an automatic shutoff nozzle; or

4. Use of bucket and hand washing.

B. All wash/rinse water must be captured and recycled or discharged into the sanitary sewer system.

C. All new commercial conveyor car wash facilities must be equipped with a water recycling system. (Ord. 1433, 11-3-2009, eff. 1-1-2010)

It is unlawful for any person to use a water hose to wash any type of equipment or machinery, or any portion thereof, unless the hose is equipped with an automatic shutoff nozzle. All wash water from such washing/cleaning activity must be prevented from discharging to the stormwater drainage system. (Ord. 1433, 11-3-2009, eff. 1-1-2010)

It is unlawful for any person to use water through a hose to clean the exterior of any building or structure unless such hose is equipped with a shutoff nozzle. All wash water from such activity must be prevented from discharging to the stormwater drainage system. (Ord. 1433, 11-3-2009, eff. 1-1-2010)

It is unlawful for any person to use water through a hose to clean any sidewalk, driveway, roadway, parking lot, or any other outdoor paved or hard surfaced area. (Ord. 1509, 7-21-2015)

Every person must minimize water spillage into streets, curbs, or gutters and minimize runoff beyond the immediate area of use. Every person is deemed to have under his/her control at all times his/her water distribution lines and facilities, and to know the manner and extent of his/her water use and excess runoff. (Ord. 1433, 11-3-2009, eff. 1-1-2010)

It is unlawful for any person to empty and refill a swimming pool or spa except to prevent or repair structural damage or to comply with public health regulations. Discharge of pool water, other than directly to the sanitary sewer system, must be consistent with this code with regard to stormwater. Discharge of pool filter backwash water to the stormwater drainage system is prohibited. All pools and spas must be equipped with a water recirculation device. The use of a pool/spa cover is encouraged to prevent evaporative water loss. (Ord. 1433, 11-3-2009, eff. 1-1-2010)

It is unlawful for any person to use water to operate or maintain levels in decorative fountains, basins, ponds, and waterways unless a recirculation device is in use. Discharge of water, other than directly to the sanitary sewer system, must be consistent with this code with regard to stormwater. Discharge of filter backwash water to the stormwater drainage system is prohibited. (Ord. 1433, 11-3-2009, eff. 1-1-2010)

No single pass cooling systems are permitted in new connections. (Ord. 1433, 11-3-2009, eff. 1-1-2010)

New commercial laundry facilities must be equipped with a water reclamation system for rinse water. (Ord. 1433, 11-3-2009, eff. 1-1-2010)

The owner and manager of each hotel, motel, restaurant, and other visitor serving facility must ensure that such facility displays, in places visible to all customers, placards or decals approved by the city, promoting public awareness of the need for water conservation and/or advising the public that waste of water is prohibited. Hotels, motels and other similar visitor serving facilities must provide guests the option to not have towels and linens laundered daily and prominently display this option in each guestroom in easy to understand language. (Ord. 1509, 7-21-2015)

Restaurants and any other eating and/or drinking establishments in the city cannot serve water to restaurant customers, except upon request of the customer. (Ord. 1509, 7-21-2015)

A. It is unlawful to use potable water for compacting or dust control purposes in construction activities where there is a reasonably available source of recycled or other nonpotable water approved by the California state department of health services and appropriate for such use.

B. All water hoses used in connection with any construction activities must be equipped with an automatic shutoff nozzle when an automatic shutoff nozzle can be purchased or otherwise obtained for the size or type of hose in use.

C. Notwithstanding any other provision of this code, use of potable water for irrigation and other outdoor use is prohibited outside of newly constructed homes and buildings unless delivered by drip or microspray systems. (Ord. 1509, 7-21-2015)

It is unlawful for any person to utilize any fire hydrant for any purpose other than fire suppression or emergency aid, without first obtaining written approval from the city manager, or designee. (Ord. 1433, 11-3-2009, eff. 1-1-2010)

It is unlawful for any person to cause or permit the indiscriminate running of water not otherwise prohibited by this chapter which is wasteful and without reasonable purpose. (Ord. 1433, 11-3-2009, eff. 1-1-2010)

These regulations cannot be construed to limit water use which is immediately necessary to protect public health or safety. (Ord. 1433, 11-3-2009, eff. 1-1-2010)

The city council by resolution is authorized to require or impose reductions in the use of water if such reductions are necessary in order for the city to comply with water use restrictions imposed by federal, state or regional water agencies or to respond to emergency water shortage conditions. Depending on the expected duration and severity of the shortage, the city council may consider declaring a level 1, level 2, level 3 or level 4 drought response by resolution.

A. Level 1 Drought Response: Declaring a level 1 drought response condition demonstrates the need to reduce the city's water demand by a maximum of ten percent (10%). During a level 1 drought response condition, the city will increase its public education and outreach efforts to raise public awareness of the need to implement the permanent water conservation practices established in sections 10-5-1 through 10-5-21 of this chapter.

B. Level 2 Drought Response: Declaring a level 2 drought response condition demonstrates the need to reduce the city's water demand between ten percent (10%) and twenty percent (20%). During a level 2 drought response condition, all persons using city water must comply with the level 1 drought response conditions, and must also comply with the following additional mandatory conservation measures:

1. Limit residential and commercial landscape irrigation to no more than two (2) days per week. The city council may assign the days by resolution and the assigned days shall be posted by the city. This subsection shall not apply to commercial growers or nurseries.

2. Cease watering landscaped public street medians with ornamental turf unless using recycled water. Potable water may be used to ensure the health of trees and shrubs.

3. Cease washing down any sidewalks and driveways, or other outdoor surfaces such as buildings, with potable water.

4. Cease allowing runoff when irrigating with potable water.

5. Any additional or innovative actions to increase the supply of water available to the city and to conserve the city's existing water supply.

C. Level 3 Drought Response: Declaring a level 3 drought response condition demonstrates the need to reduce the city's water demand between twenty percent (20%) and thirty five percent (35%). During a level 3 drought response condition, all persons using city water must comply with the level 1 and level 2 drought response conditions, and must also comply with the following additional mandatory conservation measures:

1. Limit residential and commercial landscape irrigation to no more than one day per week. The city council may assign the day by resolution and the assigned day shall be posted by the city. This subsection shall not apply to commercial growers or nurseries.

2. Stop filling or refilling ornamental lakes or ponds, 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 a drought response level under this section.

3. Limit filling swimming pools, spas, hot tubs, jacuzzis, or children's wading pools to not more than one day per week. The city council may assign the day by resolution and the assigned day shall be posted by the city.

4. Any additional or innovative actions to increase the supply of water available to the city and to conserve the city's existing water supply.

D. Level 4 Drought Response: Declaring a level 4 drought response condition demonstrates the need to reduce the city's water demand by thirty five percent (35%) or more. During a level 4 drought response condition, all persons using city water must comply with the level 1, level 2 and level 3 drought response conditions, and must also comply with the following additional mandatory conservation measures:

1. All watering without a drip irrigation or microspray system is prohibited. This restriction shall not apply to the following categories of use unless the city has determined that recycled water is available and may be lawfully applied to the use:

a. Maintenance of trees and shrubs that are watered on the same schedule set forth in subsection B of this section by using a bucket, handheld hose with a positive shutoff nozzle, or low volume nonspray irrigation;

b. Maintenance of existing landscaping necessary for fire protection as specified by the fire marshal of the local fire protection agency having jurisdiction over the property to be irrigated;

c. Maintenance of existing landscaping for erosion control;

d. Maintenance of plant materials identified to be rare or essential to the well being of rare animals;

e. Maintenance of landscaping within active public parks and playing fields, daycare centers, school grounds, cemeteries, and golf course greens, provided that such irrigation does not exceed two (2) days per week according to the schedule established under subsection B of this section;

f. Watering of livestock; and

g. Public works projects and actively irrigated environmental mitigation projects.

2. Repair all water leaks within twenty four (24) hours of notification by the city unless other arrangements are made with the city manager.

3. Stop filling swimming pools, spas, hot tubs, and/or jacuzzis of any kind whether inground or aboveground structures, including children's wading pools.

4. Stop washing vehicles except at commercial car washes that recirculate water, or by high pressure/low volume wash systems.

5. Additionally, no new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water service (such as, will serve letters, certificates or letters of availability) shall 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's 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 city.

This provision shall not be construed to preclude the resetting or turn on of meters to provide continuation of water service or to restore service that has been interrupted for a period of one year or less.

6. Any additional or innovative actions to increase the supply of water available to the city and to conserve the city's existing water supply.

In addition, the resolution declaring a level 4 drought response may direct the city manager not to issue new water utility service connections for any development. (Ord. 1509, 7-21-2015)

The city manager, or designee, may grant written waivers to persons who apply on forms supplied by the city for:

A. Prohibited uses of water if it is found that a waiver is necessary to prevent an emergency condition relating to health and safety, and if the person seeking a waiver demonstrates that he or she implemented water conservation measures in some other manner that achieves the objectives of this chapter. No waiver can be granted for the filling of any decorative fountain, basin, pond, hot tub, spa or permanent swimming or wading pool, unless the filling occurs as the result of performing necessary leak repairs and unless the other provisions of this section are met.

B. No waiver can be granted unless the person demonstrates that he or she has already achieved the maximum practical reduction in water consumption as can be achieved by the affected property or business. Any waiver granted must be based upon the water consumption rates of similar water users, properties or businesses. (Ord. 1433, 11-3-2009, eff. 1-1-2010)

Any violation of this chapter is a misdemeanor punishable by up to thirty (30) days in county jail and/or a fine of up to one thousand dollars ($1,000.00). At least one written warning must be provided to persons upon the first violation of this chapter. Second and subsequent violations may be enforced in accordance with applicable law. It is the code enforcement officer's responsibility to enforce this chapter. (Ord. 1509, 7-21-2015)