Chapter 13.70

WATER CONSERVATION AND WATER SUPPLY SHORTAGE PROGRAM

• 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 Pico Rivera through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the city to avoid and minimize the effect and hardship of water shortage to the greatest extent possible.

• B. This chapter establishes permanent water conservation standards intended to alter behavior related to water use efficiency for non-shortage conditions and further establishes three 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.

• (Ord. 1056 § 1, 2009)

The following words and phrases whenever used in this chapter shall have the meaning defined in this section:

"City" means the city of Pico Rivera.

"Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water provided by the city.

"Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.

"Large landscape areas" mean a lawn, landscape or other vegetated area, or combination thereof, equal to more than one acre of irrigable land.

"Single pass cooling systems" mean equipment where water is circulated only once to cool equipment before being disposed.

"Potable water" means water which is suitable for drinking.

"Recycled water" means the reclamation and reuse of nonpotable water for beneficial use.

"Billing unit" means the unit of water used to apply water rates for the purposes of calculating water charges for a person's water usage.

(Ord. 1056 § 1, 2009)

• A. The provisions of this chapter apply to any person in the use of any potable water provided by the city.

• B. The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire or other similar emergency services.

• C. The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.

• D. This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of federal, state or local statutes, ordinances or regulations relating to protection of water quality or control of drainage or runoff.

• (Ord. 1056 § 1, 2009)

The following water conservation requirements are effective at all times and shall be permanent. Violations of this section shall be considered waste and an unreasonable use of water.

• A. Limits on Water Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of ten a.m. and four p.m. Pacific Standard Time on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water 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 area with potable water using a landscape irrigation system or a watering device that is not continuously attended to is limited to no more than fifteen minutes of water 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 seventy percent efficiency standard.

• C. No Excessive Water Flow or Runoff. Watering or irrigating of any 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 selfclosing water shut-off device or a low-volume, high pressure cleaning machine equipped to recycle any water used.

• 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 fourteen 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 after April 1, 2010.

• 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 use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water 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, café, cafeteria, bar, club 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.

• I. Commercial Lodging Establishments Must Provide Option to Not Launder Linen Daily. Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments shall 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 water service.

• K. No Installation of Nonrecirculating Commercial Car Wash and Laundry Systems. 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 cafés, are prohibited from using nonwater conserving dish wash spray valves.

• (Ord. 1056 § 1, 2009)

• A. A Level 1 water supply shortage exists when the city determines, in its sole discretion, that due to drought or other water supply reductions, a water shortage exists and a consumer demand reduction is necessary to ensure sufficient supplies will be available to meet anticipated demands. Upon the declaration by the city of a Level 1 water supply shortage condition, the city will implement the mandatory Level 1 conservation measures identified in this section. The type of event that may prompt the city to declare a Level 1 water supply shortage may include, among other factors, a finding that its wholesale water provider calls for extraordinary water conservation.

• B. Additional Water Conservation Measures. In addition to the prohibited uses of water identified in Section 13.70.040, the following water conservation requirements apply during a declared Level 1 water supply shortage:

  1. Limits on Watering Days. 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 city. 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 city. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating by use of hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

  2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy-two hours of notification by the city unless other arrangements are made with the city.

  3. Other Prohibited Uses. The city may implement other prohibited water uses as determined by the city, after notice to customers.

• (Ord. 1056 § 1, 2009)

• A. A Level 2 water supply shortage exists when the city determines, in its sole discretion, that due to drought or other supply reductions, a water supply shortage exists and a consumer demand reduction is necessary to ensure sufficient supplies will be available to meet anticipated demands. Upon the declaration by the city of a Level 2 water supply shortage condition, the city will implement the mandatory Level 2 conservation measures identified in this section.

• B. Additional Conservation Measures. In addition to the prohibited uses of water identified in Sections 13.70.040 and 13.70.050, the following additional water conservation requirements apply during a declared Level 2 water supply shortage:

  1. Watering Days. 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 city. 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 city. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating by use of hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

  2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks or other malfunctions in the water user's plumbing or distribution system must be repaired within forty-eight hours of notification by the city unless other arrangements are made with the city.

  3. Limits on Filling Ornamental Lakes or Ponds. 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 the declaration of a supply shortage level under this chapter.

  4. 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 use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water 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.

  5. Limits on Filling Residential Swimming Pools and Spas. Refilling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited.

6. Other Prohibited Uses. The city may implement other prohibited water uses as determined by the city, after notice to customers.

• D. In addition to the above procedures during a Level 2 water supply shortage, the city may adopt the following procedures:

  1. Water Allocations/Water Budget. The city will establish a water allocation for property served by the city using a method that does not penalize persons for the implementation of conservation methods of the installation of water saving devices. The city must provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the city customarily mails the billing statement for fees or charges for on-going water service.

Following the effective date of the water allocation as established by the city, any person that uses water in excess of the allocation will be subject to a citation in accordance with Section 13.70.210. Any monetary penalty for excess water usage may be imposed for violation of this chapter.

2. Water Supply Shortage Rates. During a Level 2 water supply shortage condition, the city may increase water rates by an amount necessary, as determined by the city. The increase in water rates may vary from categories of customers.

3. Mandatory Percentage Use Reductions. During a Level 2 water supply shortage condition, all customers will be required to reduce water consumption by a percentage determined by the city.

• (Ord. 1056 § 1, 2009)

• A. A Level 3 water supply shortage condition is also referred to as an "emergency" condition. A Level 3 condition exists when the city declares a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to ensure sufficient supplies will be available to meet anticipated demands. Upon the declaration of a Level 3 water supply shortage emergency condition, the city will implement the mandatory Level 3 conservation measures identified in this section.

• B. A Level 3 water supply shortage emergency exists when the city declares a water shortage emergency condition pursuant to California Water Code Section 350 and notifies its residents and businesses that more than a thirty percent consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The city must declare a water supply shortage emergency in the manner and on the grounds provided in California Water Code Section 350.

• C. Additional Conservation Measures. In addition to the prohibited uses of water identified in Sections 13.70.040, 13.70.050, and 13.70.060 the following water conservation requirements apply during a declared Level 3 water supply shortage emergency:

1. No Watering or Irrigating. Watering or irrigating of lawn, landscape or other vegetated area with potable water 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 vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or a very low-flow drip type irrigation system when no emitter produces more than two gallons of water per hour subject to the hour restrictions in Section 13.70.040;

   • 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 rare animals;

   • e. Maintenance of landscape within active public parks and playing fields, day care center, school grounds, cemeteries, and golf course greens, provided that such irrigation does not exceed two days per week;

   • f. Public works projects and actively irrigated environmental mitigation projects.

2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty-four hours of notification by the city unless other arrangements are made with the city.

3. No New Potable Water Service. Upon declaration of a Level 3 water supply shortage emergency condition, no new potable water service may be provided, no new temporary meters or permanent meters may 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) may 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;

   • 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 city.

This provision does not preclude the resetting or turn-on of meters to provide continuation of water service of the restoration of service that has been interrupted for a period of one year or less.

• d. Discontinue Service. The city, in its sole discretion, may discontinue service to consumers who willfully violate provisions of this section.

• e. Other Prohibited Uses. The city may implement other prohibited water uses as determined by the city, after notice to customers.

(Ord. 1056 § 1, 2009)

• A. Declaration and Notification of Level 1 and 2 Water Supply Shortage. The existence of Level 1 and Level 2 water supply shortage conditions may be declared by resolution of the city adopted at a regular or special public meeting held in accordance with state law. The mandatory conservation requirements applicable to Level 1 or Level 2 conditions shall take effect on the tenth day after the date the shortage level is declared. Within five days following the declaration of the shortage level, the city shall publish a copy of the resolution in a newspaper used for publication of official notices. If the city establishes a water allocation, it shall provide notice of the allocation by including it in the regular billing statement or by any other mailing to the address to which the city customarily mails the billing statement for fees or charges for ongoing water service. A water allocation shall be effective on the fifth day following the date of mailing or at such later date as specified in the notice.

• B. Declaration and Notification of Level 3 Water Supply Shortage. The existence of a Level 3 water supply shortage emergency condition may be declared in accordance with the procedures specified in Water Code Sections351 and 352. The mandatory conservation requirements applicable to the Level 3 conditions shall take effect on the tenth day after the date the shortage level is declared. Within five days following the declaration of the shortage level, the city shall publish a copy of the resolution in a newspaper used for the publication of official notices. If the city establishes a water allocation, it shall provide notice of the allocation by including it in the regular billing statement or by any other mailing to the address to which the city customarily mails the billing statement for fees or charges for ongoing water service. A water allocation shall be effective on the fifth day following the date of mailing or at such later date as specified in the notice.

• (Ord. 1056 § 1, 2009)

Effective on January 1, 2011, all commercial conveyor car wash systems are required to have installed an operational recirculating water system, or must have secured a waiver of this requirement from the city.

(Ord. 1056 § 1, 2009)

Large landscape areas, such as parks, cemeteries, golf courses, school grounds and playing fields that use landscape irrigation systems to water or irrigate, must use landscape irrigation systems with rain sensors that automatically shut off such systems during periods of rain or irrigation timers, which automatically use information such as evapotranspiration sensors to set an efficient water use schedule.

(Ord. 1056 § 1, 2009)

Recycled or nonpotable water must be used for construction purposes when available. (Ord. 1056 § 1, 2009)

Upon the declaration of a Level 2 water supply shortage condition, 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. 1056 § 1, 2009)

Upon the declaration of a Level 3 water supply shortage condition, the city will limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the city's adopted conservation offset requirements.

(Ord. 1056 § 1, 2009)

The use of potable water, other than recycled water, is prohibited for specified uses after the city has provided to the customer an analysis showing that recycled water is a cost-effective alternative to potable water for such uses and the customer has had a reasonable time, as determined by the city manager, to make the conversion to recycled water. (Ord. 1056 § 1, 2009)

Prior to the connection of any new water service, an evaluation must be done by the city to determine whether recycled water exists to supply all or some of the water needed and recycled water must be utilized to the extent feasible.

(Ord. 1056 § 1, 2009)

• A. The city manager must prepare a water recycling master plan that contains recommendations to increase the amount of recycled water used and shall report to the city council annually on progress towards implementing such recommendations.

• B. Upon request of the city manager, city departments must prepare and submit quarterly reports on their water conservation efforts. The reports will be consolidated by the city manager and reported to the city council at a minimum of once a year.

• C. The city may, by written request, require all commercial, residential and industrial customer using twenty-five thousand or more billing units per year to submit a water conservation plan and to submit quarterly progress reports on such plan. The conservation plan must include recommendations for increased water savings, including increased water recycling based on feasibility, and the reports must include progress to date on implementation of such recommendations.

• (Ord. 1056 § 1, 2009)

• A. On or after January 1, 2010, no structure shall be sold or transferred unless all existing plumbing fixtures in the structure are retrofitted exclusively with water-conserving plumbing fixtures.

• B. On or after January 1, 2010, upon the establishment of new water service or a change in water service from one person to another nonfamily member, all existing plumbing fixtures are required to be retrofitted exclusively with water-conserving plumbing fixtures.

• (Ord. 1056 § 1, 2009)

The director of public works shall periodically review the provisions of this chapter and recommend necessary updates to the city attorney. The review of the provisions and preparation of resulting recommendations, if any, shall be performed, at a minimum, every two years following the first review, which shall be completed by December 31, 2010. (Ord. 1056 § 1, 2009)

The city must establish a method for residents to report violations of this chapter. (Ord. 1056 § 1, 2009)

• A. Undue and Disproportionate Hardship. 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, then the person may apply for a waiver to the requirements as provided in this section.

• B. Written Finding. The waiver may be granted or conditionally granted only upon 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. Application for a waiver shall be on a form prescribed by the city and shall be accompanied by a nonrefundable processing fee in an amount set by resolution of the city.

  2. Supporting Documentation. The application shall be accompanied by photographs, maps, drawings, and other 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 or its agent, all of the following:

     • a. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;

     • b. That 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. That 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. That 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.

  3. Approval Authority. The city manager or water authority board shall exercise approval authority and act upon any completed application no later than ten days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver shall be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver applies to the subject property during the term of the mandatory water supply shortage condition.

  4. Appeals to the City. An applicant may appeal a decision or condition of the city manager or water authority board on a waiver application to the city council within ten days of the decision upon written request for a hearing. The request shall state the grounds for appeal. At a public meeting, the city council shall act as the approval authority and review the appeal de novo by following the regular waiver procedure. The decision of the city council is final.

• (Ord. 1056 § 1, 2009)

• A. Misdemeanor. Any violation of this chapter may be prosecuted as a misdemeanor subject to a fine not exceeding five hundred dollars.

• B. Civil Penalties. Any violation of this chapter may be subject to a civil penalty. Civil penalties for failure to comply with any provisions of the chapter shall be as follows:

  1. First Violation. The city shall issue a written warning and deliver a copy of the ordinance codified in this chapter by mail.

  2. Second Violation. A second violation within the preceding twelve calendar months is punishable by a fine not to exceed one hundred dollars.

  3. Third Violation. A third violation within the preceding twelve calendar months is punishable by a fine not to exceed five hundred dollars.

• C. Water Flow Restrictor. In addition to any fines, the city may install a water flow restrictor device of approximately one gallon per minute capacity for service up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of forty-eight hours.

• D. Termination of Service. In addition to any fines and the installation of a water flow restrictor, the city may disconnect and/or terminate a customer's water service.

• E. Cost of Flow Restrictor and Disconnecting Service. A person or entity that violates 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 shall be paid to the city before the device is removed. Nonpayment shall be subject to the same remedies as nonpayment of basic water rates.

• F. Separate Offenses. Each day that a violation of this chapter occurs is a separate offense. G. Notice and Hearing.

  1. The city shall issue a notice of violation by mail or personal delivery at least ten days before taking enforcement action and said notice shall describe the action to be taken. A customer may appeal the notice of violation by filing a written notice of appeal with the city clerk no later than the close of business on the day before the date scheduled for enforcement action. Any notice of violation not timely appealed shall be final. Upon receipt of a timely appeal, a hearing on the appeal shall be scheduled in a timely manner, and the city shall mail written notice of the hearing to the customer at least ten days before the date of the said hearing.

  2. Upon receiving a written notice of appeal, a hearing on the matter shall be held within thirty days the notice was received by the city before a hearing officer appointed by the city manager. Upon hearing all of the evidence presented by the city and the appellant, the hearing officer shall prepare a written decision within thirty days of the hearing.

3. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the city may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water level condition.

• (Ord. 1056 § 1, 2009)