Chapter MH-4.5 — WATER SHORTAGE EMERGENCIES

Sections:

MH-5-3500 - DEFINITIONS.

The following terms are defined for the purpose of this chapter:

(a)

"Allocation" means the calculated percentage of the amount of water delivered to each customer's property during the corresponding monthly billing period of the base year for which no penalty or surplus use charges shall be imposed.

(b)

"Applicant" means a customer, firm, partnership, business, corporation, district or governmental agency that requests or receives water from the MHCSD.

(c)

"Base year" means the calendar year of 2001 or any other period established by resolution of the Board of Directors.

(d)

"Board of Directors" means the Board of Directors of the Mountain House Community Services District (MHCSD).

(e)

"Customer" or "water consumer" means any customer, firm, partnership, business, corporation, district, or governmental agency that receives water from the MHCSD.

(f)

"General Manager" means the General Manager of the MHCSD duly appointed by the Board of Directors.

(g)

"Process water" means water used to manufacture, alter, convert, clean, grow, heat or cool a product, including water used in laundries and car wash facilities.

(h)

"Water" means potable water supplied by the MHCSD to customers within its jurisdiction.

(Ord. 4056 (part), 2000)

MH-5-3501 - PURPOSE AND SCOPE.

This chapter sets forth water shortage emergency conditions which exist within the boundary of the Mountain House Community Services District (MHCSD), as declared by resolution of the Board of Directors. These regulations shall become effective with the effective date of the ordinance that includes the provisions of this chapter. A water shortage emergency declaration shall be in effect upon proper findings made by the

Board of Directors after a public hearing and shall remain in effect until the Board of Directors finds and declares by resolution that the water shortage emergency condition has abated, has changed in degree or no longer exists.

(Ord. 4056 (part), 2000)

MH-5-3502 - FINDINGS.

The Board of Directors shall make the findings below prior to enforcement of the provisions of this chapter:

(a)

The Board of Directors shall conduct duly noticed public hearings for the purpose of determining whether a water shortage emergency condition exists and, if so, the degree of the emergency and what regulations and restrictions should be enforced in response to the shortage.

(b)

The Board of Directors shall adopt a resolution which declares that a water shortage emergency condition exists, the facts and conclusions which support such a declaration and that the ordinary water demands and requirements of water consumers within the MHCSD cannot be satisfied.

(c)

The regulations set forth in this chapter are necessary and proper to protect and conserve the water supply for human consumption, sanitation, and fire protection during the duration of the water shortage emergency condition.

(d)

The regulations set forth in this chapter shall remain enforceable to the extent declared by the Board of Directors and until such time as the Board of Directors finds that the water shortage emergency no longer exists.

(Ord. 4056 (part), 2000)

MH-5-3503 - ADDITIONAL LIMITS ON WATER USE.

In the event the provisions of this section are inconsistent with other sections of this chapter, this section shall prevail. During Stage 2, 3, 4 and 5 emergencies, the following wasteful uses shall be prohibited:

(a)

Any use of potable water from any fire hydrant is prohibited, except by regularly constituted fire protection agencies for fire suppression purposes or by the MHCSD, when alternate water sources or recycled water sources are available. The decision as to the availability of alternate water sources shall be that of the General Manager. In the absence of alternate water sources or reclaimed water sources, use of potable water from a hydrant may be used provided a permit for such use is approved by the MHCSD.

(b)

Use of potable water for dust control purposes except for public health or safety purposes, except when specifically authorized by the General Manager.

(c)

Irrigation of exterior landscaping, turf areas, open ground, crops, trees, grass, lawn, ground cover, shrubbery, or decorative plantings between the hours of 11:00 a.m. and 6:00 p.m. during the period of May 1st to October 1st, except irrigation by drip or mist irrigation systems which shall not be restricted as to hours.

(d)

Irrigation of exterior landscaping, turf areas, open ground, crops, trees, grass, lawn, ground cover, shrubbery, or decorative plantings in such a manner or extent that allow water to run off or escape from the premises or to be wasted.

(Ord. 4056 (part), 2000)

MH-5-3504 - WATER ALLOCATIONS.

(a)

The following classes of water use are established:

(1)

"Residential" which shall consist of water service to land improved with structures designed to serve as a residence for human habitation.

(2)

"Multiple-family residential" which shall consist of water service to land improved with structures designed to serve as a residence for more than a single family, including apartments, condominiums, townhouses, and the like where more than one unit is served by a single meter.

(3)

"Nonresidential" which shall consist of water service to land improved with structures designed to serve uses other than residential uses and land without structures but used for agricultural purposes. The following kinds of water use are, without limitation, designated as nonresidential: commercial, industrial, agricultural, municipal, schools, and churches.

(4)

"Process water users" which shall consist of nonresidential users which utilize water primarily to manufacture, alter, convert, clean, grow, heat or cool a product, including laundries and vehicle wash facilities.

(5)

"Construction water" which is required for construction purposes.

(6)

"Aesthetic water features" which are man-made lakes, ponds, ornamental fountains, or other water features that have been specifically approved by the Board of Directors.

(b)

No customer shall use MHCSD water for permitted uses in excess of the respective allocation for each class of service within each stage of water shortage emergency.

(Ord. 4056 (part), 2000)

MH-5-3505 - STAGES OF WATER SHORTAGE EMERGENCY.

The following stages of water shortage emergency are established. Upon declaration of the Board of Directors that an emergency condition exists, the Board of Directors shall declare the degree of emergency and identify the applicable stage and the regulations, which shall be enforceable for each respective stage. During Stages 2, 3, 4 and 5 additional restrictions on water use shall be enforceable as stated in Section MH-5-3503 of this chapter.

(a)

Stage 1—Mandatory Water Conservation. Upon a finding made by the Board of Directors that a Stage 1 water shortage emergency exists, the regulations set out in Chapter MH-4, Water Conservation, presently enacted or amended, shall be enforceable as to all water users.

(b)

Stage 2—Water Shortage Emergency. Upon declaration of the Board of Directors that a Stage 2 water shortage emergency exists, the following regulations shall be applicable to all customers of the MHCSD customer's water system:

(1)

Residential Accounts. Residential accounts shall use no more than ninety percent (90%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential accounts shall receive an allocation of less than six hundred (600) cubic feet (6CCF) of water per billing period.

(2)

Multiple-Family Residential Accounts. Multiple- family residences which are served by a single meter shall use no more that ninety percent (90%) of the total quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than four hundred (400) cubic feet (4CCF) of water per unit served on a single meter.

(3)

Nonresidential Accounts. Nonresidential accounts shall use no more than ninety percent (90%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.

(4)

Process-Water User Accounts. Process-water users shall use no more than one hundred percent (100%) of the quantity of water as recorded by meter during the corresponding billing period during the base year.

(5)

Construction Water. There will be no restriction of the use of potable water for construction purposes.

(6)

Aesthetic Water Features. There will be no restriction of the use of potable water for aesthetic water uses.

(c)

Stage 3—Water Shortage Emergency. The following regulations shall be applicable to all customers of the MHCSD's water system:

(1)

Residential Accounts. Residential accounts shall use no more than eighty percent (80%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than six hundred (600) cubic feet (6CCF) of water per billing period.

(2)

Multiple-Family Residential Accounts. Multiple-family residences which are served by a single meter shall use no more than eighty percent (80%) of the total quantity of water delivered to the customer's property as recorded by the meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than four hundred (400) cubic feet (4CCF) of water per unit served on a single meter.

(3)

Nonresidential Accounts. Nonresidential accounts shall use no more than eighty percent (80%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.

(4)

Process-Water User Accounts. Process-water users shall use no more than ninety percent (90%) of the quantity of water as recorded by meter during the corresponding billing period during the base year.

(5)

Construction Water. All existing potable water uses for construction purposes shall be cut back by fifty percent (50%). All new requests for potable water for construction shall be rejected by the General Manager.

(6)

Aesthetic Water Features. The supply of potable water for aesthetic water uses shall be cut back by fifty percent (50%). Potable water to ornamental fountains shall be turned off.

(d)

Stage 4—Water Shortage Emergency. The following resolutions shall be applicable to all customers of the MHCSD water system:

(1)

Residential Accounts. Residential accounts shall use no more than seventy percent (70%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than six hundred (600) cubic feet (6CCF) of water per billing period.

(2)

Multiple-Family Residential Accounts. Multiple-family residences which are served by a single meter shall use no more than seventy percent (70%) of the total quantity of water delivered to the customer's property as recorded by the meter during the corresponding billing during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than four hundred (400) cubic feet (4CCF) of water per unit served on a single meter.

(3)

Nonresidential Accounts. Nonresidential accounts shall use no more than seventy percent (70%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.

(4)

Process-Water User Accounts. Process-water users shall use no more than ninety percent (90%) of the quantity of water as recorded by meter during the corresponding billing period during the base year.

(5)

Construction Water. All existing potable water use for construction purposes shall cease. All new requests for potable water for construction shall be rejected by the General Manager.

(6)

Aesthetic Water Features. All potable water for aesthetic water uses shall be turned off.

(e)

Stage 5—Water Shortage Emergency. The following resolutions shall be applicable to all customers of the MHCSD water system:

(1)

Residential Accounts. Residential accounts shall use no more than sixty percent (60%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than six hundred (600) cubic feet (6CCF) of water per billing period.

(2)

Multiple-Family Residential Accounts. Multiple-family residences which are served by a single meter shall use no more than sixty percent (60%) of the total quantity of water delivered to the customer's property as recorded by the meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than four hundred (400) cubic feet (4CCF) of water per unit served on a single meter.

(3)

Nonresidential Accounts. Nonresidential accounts shall use no more than sixty percent (60%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.

(4)

Process-Water User Accounts. Process-water users shall use no more than eighty percent (80%) of the quantity of water as recorded by meter during the corresponding billing period during the base year.

(5)

Construction Water. All existing potable water use for construction purposes shall cease. All new requests for potable water for construction purposes shall be rejected by the General Manager.

(6)

Aesthetic Water Features. All potable water for aesthetic water uses shall be turned off.

(Ord. 4056 (part), 2000)

MH-5-3506 - ESTABLISHMENT OF ALLOCATION.

(a)

The General Manager shall classify each and calculate each customer's allocation. Each customer shall be notified of the General Manager's determination by mail deposited in the United States Postal Service.

(b)

Establishment allocations with no customer use history:

(1)

Residential. All residential customers with no water use history at the current property address shall be assigned an allocation for single or multiple-family residential accounts, as determined by the General Manager, on the basis of usage by similarly situated customers or on such basis as may be fair and equitable under all the circumstances.

(2)

Other Use Classifications. In order to determine water use allocations for a new nonresidential use, for a change in property use, or for a customer with no water use history at the current address, an application by the customer shall be submitted to the General Manager designating the intended use of the property, the square footage, and number of employees. An allocation will be determined by the General Manager after reviewing the above factors as well as comparing water use for similar types of construction and property uses, averaging the water use and applying the appropriate percentage reduction to this account.

(Ord. 4056 (part), 2000)

MH-5-3507 - REQUEST FOR INCREASE IN ALLOCATION.

(a)

All applicants for an increase in allocation must submit an application in writing to the MHCSD on an application form provided by the General Manager.

(b)

The General Manager will review requests for increased allocations and the General Manager shall determine if the application is approved, approved with modification, or denied.

(c)

All residential applicants for an additional allocation based on additional person residing at the residence shall show proof of residency for all residents at the property.

(d)

Water allocations may be adjusted by the General Manager upon written application where the requested adjustment is found to be reasonably necessary. Factors for consideration shall include without limitation:

(1)

Additional people residing full time at the residence.

(2)

Unusual medical needs.

(3)

Change of property use.

(4)

Where a MHCSD audit of nonresidential customer's water-using appliances and usage shows that all reasonable conservation measures are being employed and the applicant provides a conservation plan demonstrating the measures employed and compliance with the plan.

(5)

Where a nonresidential customer has demonstrated growth in business volume over the base year in providing a water-related service to the public, the allocation may be adjusted at the discretion of the General Manager.

(6)

Hospitals, health care facilities, nursing care facilities, health clinics, and similar users may be excepted from the percentage reductions provided that a water conservation plan demonstrating reductions in consumption to the maximum extent feasible without jeopardizing patient care is approved by the General Manager.

(e)

A decision in writing shall be mailed to the applicant within fifteen (15) days of the receipt of the application.

(Ord. 4056 (part), 2000)

MH-5-3508 - APPEALS.

(a)

Procedure. Any customer may appeal for reconsideration of the General Manager's classification of use, allocation or determination of a request for an increase in allocation on the basis of hardship or incorrect calculation. Appeals for reconsideration shall be processed as set forth below.

(1)

Any customer appealing for reconsideration of the classification or allocation shall do so in writing to the General Manager by either using forms provided by the MHCSD or by letter setting forth in detail the reasons for the appeal.

(2)

The appeal for reconsideration shall be reviewed by the General Manager and a site visit scheduled if required.

(3)

If an appeal for reconsideration is sustained, a condition of approval may include a requirement for the installation of water efficient plumbing fixtures and/or irrigation systems.

(4)

The General Manager shall review all appeals for reconsideration and make decisions on the appeal.

(5)

If an applicant disagrees with the General Manager's decision, the decision may be appealed in the same procedural manner as specified in Subsection (a) of this section to the Board of Directors. If an appeal to the Board of Directors is requested, the customer shall be notified of a hearing date by mail. Such hearing shall be scheduled within thirty (30) days of filing the appeal. A decision shall be forwarded to the applicant within fifteen (15) days after completion of the hearing.

(b)

Each appeal to the Board of Directors shall be accompanied by the payment of an appeal fee in an amount set by resolution of the Board of Directors from time to time to defray the costs of the appeal to the MHCSD.

(Ord. 4056 (part), 2000)

MH-5-3509 - ENFORCEMENT AND PENALTIES.

(a)

The first billing period after the effective date of the Board of Director's declaration of a water shortage emergency or the effective date stated in said resolution shall be considered an adjustment period during which no penalties will be imposed for water usage in excess of the allocation.

(b)

Beginning with the second billing period after the effective date and except as provided in Subsection (c) of this section, any customer who exceeds the established allocation in any monthly billing cycle shall pay an excess use charge in addition to all other charges. The excess use charge shall be based on a rate scheduled as specified from time to time by resolution of the Board of Directors.

(c)

No excess use charge shall be imposed in the following circumstances:

(1)

Multiple-family residential customers whose consumption is four hundred (400) cubic feet (4CCF) per unit or less during any billing period.

(2)

All other customers whose consumption is six hundred (600) cubic feet (6CCF) or less during any billing period.

(d)

Installation of Flow Restrictors.

(1)

After the issuance of one (1) written warning for violation of the provisions of this chapter, or for any use of water which is prohibited, the MHCSD may install a flow restricting device on the customer's water service which shall remain in place for a period of not less than forty-eight (48) hours and until the customer has paid the removal charges set forth below. The device shall not be removed except by the MHCSD.

(2)

If the customer, after removal of a flow restricting device by the MHCSD, shall again violate the provisions of this chapter, the MHCSD may install a flow restricting device which shall remain for a period of at least two (2) weeks and until payment of removal of the flow restricting device by the MHCSD.

(3)

Further violations, removal of or bypassing the flow restricting device may result in termination of water service. Upon a determination by the General Manager that service shall be terminated, written notice of intent to disconnect shall be mailed to the customer. Said notice shall be mailed to the resident and any other customer or entity known to the MHCSD who is responsible for the violation or correction of the violation, including the property owner in the case of rentals. A request for hearing on the discontinuance of service shall be requested within five (5) days of mailing the notice. A hearing before the General Manager shall be held within three (3) days of expiration of the period for requesting a hearing. The General Manager's final decision shall be mailed to the responsible parties within three (3) days of the hearing. If the final decision is to discontinue service, the discontinuance shall not occur less than three (3) days after the mailing of the General Manager's final decision.

(4)

Removal Charges. The charge for removal of a flow-restricting device shall be based on the rate schedule as established from time to time by resolution of the Board of Directors. In the case of rentals, the customer or entity occupying the premises and the owner shall be jointly and severally responsible for payment of said costs.

(5)

Any of the actions stated in Subsections (d)(1) through (4) of this section above may be appealed to the Board of Directors by the customer upon submitting a written appeal notice to the General Manager. The MHCSD will remove the flow restrictor pending a decision of the Board of Directors on the appeal.

(Ord. 4056 (part), 2000)

MH-5-3510 - VIOLATIONS AND INFRACTIONS.

Any customer found by the MHCSD to be in violation of any of the provisions of this chapter shall be deemed guilty of an infraction. Each day such violation is committed or permitted to continue after written notice has been served on the customer by the General Manager or the Board of Directors shall constitute a separate offense and shall be punishable as such. Said violation shall be in addition to the fines or surcharges established in this chapter.

(Ord. 4056 (part), 2000)

MH-5-3511 - POWERS AND DUTIES OF THE GENERAL MANAGER.

The General Manager is hereby authorized to and may perform all the provisions of this chapter.

(Ord. 4056 (part), 2000)

MH-5-3512 - SEVERABILITY.

If any provisions of this chapter are held to be unconstitutional, that portion or part thereof will be severed from the remainder and the remainder will be given full force and effect.

(Ord. 4056 (part), 2000)

MH-5-3513 - REMEDIES CUMULATIVE.

The remedies and penalties provided for in this chapter shall be cumulative and shall be in addition to any of all other remedies available to the General Manager and the Board of Directors of the Mountain House Community Services District.

(Ord. 4056 (part), 2000)