Ordinance 605 Water Conservation

AN ORDINANCE OF THE CITY OF HAWARDEN CREATING A NEW CHAPTER 12.30 ENTITLED "WATER CONSERVATION/ DROUGHT CONTINGENCY", BY ESTABLISHING WATER SYSTEM SHORTAGE CLASSIFICATIONS; WATER RESTRICTIONS ASSOICATED WITH EACH CLASSIFICATION; PENALITIES; WATER ALLOCATION LEVELS AND OTHER POTABLE WATER PROTECTIONS ASSOCIATED WITH WATER SHORTAGES; PROVIDING REPEALER AND SEVERABILITY CLAUSES AND AN EFFECTIVE DATE.

[ed. The methodology for determination of a water shortage is found here.]

12.30.10 Water Shortages - General. From time to time during and following drought conditions, or due to equipment failure, the City of Hawarden water supply may become significantly and seriously depleted to the point where a sufficient supply of water to meet all customary and usual demands may be threatened. Under these conditions, the City of Hawarden Council may find, and declare by resolution, a public Water Watch, Water Warning or Water Emergency during which time the measures and provisions described herein shall be in effect to produce an orderly and equitable reduction of water consumption until, by resolution, the City of Hawarden Council finds and declares the water shortage condition to be ended.

12.30.20 Water Shortage Classifications:

Water Advisory - A Water Advisory may be declared when future water shortages are anticipated. This typically occurs when we have experienced light winter snowfalls, or little or no spring rains. These previous factors, when coupled with high temperatures and limited amounts of forecasted rainfall will lead to a water advisory declaration. The water advisory will be declared to ensure that the needs of its customers currently or in the foreseeable future are adequately met. Indicators of the need to impose a water advisory may be: 1) Any noticeable drop in water static and pumping levels, 2) Big Sioux River water flow drops, 3) extended hot and dry weather forecasts, and 4) increases in the average and peak demand for water consumption. All customers of the City of Hawarden will be encouraged to limit or curtail all nonessential uses of water in order to conserve precious water resources during the time of shortage. Conservation education will be implemented and voluntary restrictions will be requested during this stage. City staff may declare a water advisory.
Water Watch - A Water Watch may be declared when a water shortage or equipment failure poses a potential threat to the ability of the water system to meet the needs of its customers currently or in the foreseeable future. Indicators of the need to impose a water watch include: The pumping of all primary wells are operating at 80% of peak firm capacity (1.25MGD) for 3 days during any 30 day period of active wells or active wells static and pumping water levels are below normal by greater than 2ft up to 5ft on average or moderate decreases in the recovery rate of water level in wells. Moderate mandatory water use restrictions will apply.
Water Warning - A Water Warning may be declared when a water shortage or equipment failure poses a serious threat to the ability of the water system to meet the needs of its customers currently and in the foreseeable future. Indicators of the need to impose a Water Warning include: The pumping of all primary wells are operating at 90% of peak firm capacity of active wells (1.40 MGD) for 3 days, during any 30 day period or active wells static and pumping water levels are below normal by more than 5ft up to 7ft on average or significant decreases are experienced in the recovery rate of water level in wells or minor system failure in feeder water mains or the treatment plant. Significant mandatory water use restrictions will apply.
Water Emergency - A Water Emergency may be declared when a water shortage or equipment failure poses a severe and immediate threat to the ability of the water system to meet the needs of its customers. Indicators of the need to impose a Water Emergency include: The pumping of all primary wells are operating at 100% of peak firm capacity of active wells (1.40 MGD) for 3 days, during any 30 day period or active wells static and pumping water levels are below normal by more than 7ft or more or severe decreases are experienced in the recovery rate of water level in wells or chemical spills, or major system failure in trunk water mains or the treatment plant. Severe mandatory water use restrictions will apply.

Note: The static and pumping water levels described above are specifically determined for each well, for each Water Phase by Table I of the Water Conservation and Drought Contingency Plan. The entry into each water conservation level shall actually be determined by any four of the active pumps reaching that level.

12.30.30 Water Use Restrictions by Water Shortage Classifications:

Water Conservation Advisory. Normal and Slightly Below Normal. No mandatory restrictions shall apply, only the following voluntary conservation measures:
1. Outdoor watering of any kind is prohibited between the hours of 8:00AM and 8:00 PM should occur only between the hours of 8:00pm and 8:00am and should be restricted to three times per week.
2. Unnecessary outdoor watering such as washing streets, parking lots, driveways, sidewalks, building exteriors, or non-essential cleaning of commercial and industrial equipment, machinery and interior spaces should be minimized or discontinued all together.
Water Watch. Under a Water Watch, no person shall use potable processed water of the City of Hawarden water service in any manner contrary to the following:
1. Outdoor watering of any kind is prohibited between the hours of 8:00AM and 8:00 PM and is restricted to two times per week. Houses/Business fronting on the north and east shall be permitted to water Tuesday and Saturday nights. Houses/Business fronting on the south and west shall be permitted to water Wednesday and Sunday nights.
2. No water shall be used to wash streets, parking lots, driveways, sidewalks or building exteriors or other non-essential watering.
3. No water should be used for non-essential cleaning of commercial and industrial equipment, machinery and interior spaces.
Water Warning. Under a Water Warning, no person shall use water in any manner contrary to the following:
1. Outdoor watering of any kind is prohibited between the hours of 8:00AM and 8:00PM and is restricted to one time per week. Housing fronting on the north and east shall be permitted to water Saturday night. Housing fronting on the south and west shall be permitted to water Sunday night.
2. Car washing is prohibited except in commercial establishments that provide that service.
3. No water shall be used to wash streets, parking lots, driveways, sidewalks or building exteriors or other non-essential watering.
4. No water shall be used for nonessential cleaning of commercial and industrial equipment, machinery and interior spaces.
Water Emergency. Under a Water Emergency, no person shall use potable processed water of the City of Hawarden in any manner contrary to the following:
1. All outside water use, except for domestic, sanitation, and fire, is prohibited.
2. All commercial and industrial uses of water not essential in providing products or a service is prohibited. This shall include commercial car washing, not using recycled water.
3. Outdoor watering or irrigation of lawn is prohibited. Irrigation of agricultural crops drawing from our shallow aquifer in our 5-year water recharge area on file with the DNR is prohibited. The City's agricultural fill point shall also be closed.
4. Recreational and leisure water use, including lawn and golf course watering, swimming pools, kiddy pools, and other incidental or recreational use is prohibited. The swimming pool shall also be closed.
5. Water use not necessary for the preservation of life or the general safety or welfare of the community is prohibited.
6. The normal water rate shall be amended to apply a premium surcharge rate to be charged for water usage over the base allocation. This shall apply for complete billing route cycles.
Exceptions to Water Restrictions:
1. Deep Wells/Treated Effluent - Wells and sources of water not drawing from the City of Hawarden Well Field 5 year recharge zone. The boundaries of said recharge zone are on file with the IDNR, as part of the City's watershed protection plan.
2. Commercial Carwash facilities and other businesses that utilize recycled water.
3. Businesses that irrigate and that have a independently metered irrigation can be exempted from the premium rate usage charges by agreeing to do a final reading and cutoff of the irrigation system. If hose watering or the irrigation is not separately metered this exemption shall not apply.

Section 12.30.40 Penalties: The following penalties shall apply for violations of water use restrictions imposed under this ordinance.

First Violation. For a first violation, the City of Hawarden shall issue a written notice of violation warning to the water user violating the water use restrictions.
Subsequent Violations. A second or subsequent violation of the Water Watch, Warning or Water Emergency use restrictions by any person within a 12-month period constitutes a municipal infraction. Any person who, in making application to the Public Works Director for adjustment of the base allocation or premium charges, intentionally provides false or incorrect statements or information commits a municipal infraction. Any business that has agreed to cutoff their irrigation, which then subsequently restarts their utilities shall be considered to have committed a municipal infraction. Any other violations of the provisions of this ordinance shall also be considered a municipal infration.

Section 12.30.50. Water Base Allocations and Premiums Rate under a Water Emergency.

Monthly Base Allocation
The base allocation of water per residential unit shall be 1200 cubic feet per billing period.
For five-week billing periods the residential monthly base allocation shall be increased to 300 cubic
feet. For commercial, industrial or institutional use, the base allocation shall be established for those
businesses with irrigation systems. The base allocation for these non-residential customers shall be the
average monthly water used during the previous winter for the period of November through April.
Appeal and Adjustment of the Base Allocation
Any person may file an appeal with the Public Works Director to adjust the base allocation amount. The Water Appeal Board may grant an adjustment to the appellant based upon the following criteria:
1. For single-family residential use, the base allocation may be increased by additional 200 cubic feet, per person, over 4 people up to a maximum of 400 additional cubic feet, per billing period for all individuals residing at the appellant’s residence for a period of more than thirty (30) days.
2. For commercial, industrial, institutional or other non- residential uses, the base allocation shall be determined for those that typically irrigate through a permanent system or hose. The base allocation shall be determined by taking a 6-month average of water usage for November thru April. The base allocation may be increased by the Public Works Director based on factors appropriate to the individual customer; such as usage, production, service and occupancy data provided by the customer.
3. For those situations where the criteria does not apply, the Public Works Director shall make a determination on the base allocation utilizing the above described methods as closely as possible.
Premium Rate for Imprudent Consumption
In addition to the water rates duly enacted by the City of Hawarden all persons shall pay a premium rate of $5.00 per 100 cubic feet or fraction thereof for water consumed in excess of the base allocation. The premium rate shall apply on the next complete billing cycle beginning with Route 1 and shall be applicable through complete billing cycles until the water emergency is lifted by the City Council.
Adjustment of Premium Rate Charges
Any person may file for adjustment of the premium rate charges for imprudent water consumption with the Public Works Director. The Public Works Director may grant an adjustment of the premium rate charges in accordance with the following criteria
Water Appeal Board
The Board of Zoning Adjustment shall serve as the Water Appeal Board. The Water Appeal Board shall hear appeals of any action taken pursuant to this ordinance only, except for municipal infractions. If a customer is charged with a municipal infraction relating to this ordinance, that proceeding shall be conducted pursuant to Title I of the City Code and Iowa Code Section 364.
Reduction in Flow of Water to Any Person
The Public Works Director is authorized, after giving notice and opportunity for hearing before the Water Appeal Board to reduce the flow of water to any person determined to be using water in any manner not in accordance with this Ordinance during a Water Emergency.

REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SEVERABILITY. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof, not adjudged invalid or unconstitutional.

EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval, and publication as provided by law.

Passed and Approved this 19th day of August, 2002.

_____________________________
Ricard R. Porter, Mayor

ATTEST:

_____________________________
Craig M. Coffey, City Administrator

[ed. The methodology for determination of a water shortage is found here.]

First Reading:	July 15, 2002
Second Reading:	August 5, 2002
Third Reading:	August 19, 2002

I hereby certify that the foregoing Ordinance No. 605 was published in the Hawarden Independent, a newspaper printed and published and has a circulation in the City of Hawarden, Iowa on the 22nd day of August, 2002.

________________________________
Craig M. Coffey, City Administrator

Note: Blue text are additions to the existing city code, while red text are deletions to the existing city code. "*" Indicate separations in text in the current City Code that are unchanged and are not repeated for brevity purposes.

ORDINANCE NO 605.

WATER CONSERVATION ORDINANCE