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HomeMy WebLinkAboutA001 - Proposed Water Rationing Ordinance revisions gJ0,46 PROPOSED WATER RATIONING ORDINANCE REVISIONS Staff Report to City Council Water and Pollution Control Department March 20, 2001 Background The current water rationing ordinance has its roots in the drought of 1976-77. At that time, the Ames area experienced about 14 months of significantly below-normal precipitation. This resulted in a drastic lowering of groundwater levels and abnormally high drawdown levels in the municipal water supply wells. Once it seemed likely that demand would exceed the available water supply, staff put out a call for voluntary water conservation. The response from Ames citizens was almost immediate, and water demand dropped. Unfortunately, water levels continued to drop as well. Several times during June and July of 1977, water use exceeded what the well field could produce; and staff were forced to implement an emergency rationing plan. With some minor revisions, the rationing plan was last updated in 1981. Current Rationing Ordinance The existing water rationing ordinance can be found in the Ames Municipal Code, Chapter 28, Division VI—"Water Rationing." Below is a summary of the ordinance. By resolution, Ames City Council declares a public emergency water shortage." Each customer is allotted a base consumption of 400 cubic feet per billing period. Customers may file an appeal with the city manager to adjust the base allotment for the following reasons. 1. For a single-family residential use, the base allocation may be increased to 200 cubic feet per person per billing period for all individuals residing at the residence. 2. For commercial, industrial, institutional, or other residential use, the base allocation may be increased for appropriate factors on a case-by-case basis. A premium rate is charged for consumption in excess of the base allocation. The premium rate is 7.5 cents per cubic foot, or approximately 1 cent per gallon. • Customers may file an appeal to the city manager for adjustment of the premium rate based on the following criteria. 1. The cause of the high consumption was mechanical in nature as opposed to human carelessness. 2. The customer provides proof that the mechanical failure was repaired promptly. 3. Adjustments are granted only for the billing period prior to the correction of the failure. 1 • The following are prohibited or restricted uses of city-supplied potable water. 1. No outdoor watering or irrigation of lawns in any way, except that new trees and scrubs (less than four years old) and new seeding or sod (less than one year old) is permitted once each week, not to exceed one inch. 2. Watering or irrigation of flower and vegetable gardens is permitted once each week with an application not to exceed one inch. 3. No outdoor watering of any kind between the hours of 10:00 a.m. and 6:00 p.m. daily. 4. No car-washing is allowed, except at commercial establishments which provide that service. 5. No filling of private swimming pools, children's wading pools, reflecting pools, or any other outdoor pool or pond. • However, water reclaimed after some other primary use, such as washing or air-conditioning condensate, may be used without restriction. • The city manager is authorized to reduce the flow of water to any customer deemed to be violating the ordinance. Reasons to Revise Water Rationing Ordinance There are two primary concerns that staff are attempting to address by recommending revisions to the existing ordinance. The first is that the current ordinance is an "on-off" type of restriction. Either the ordinance is not in effect, meaning no restrictions at all; or it is in effect, meaning severe restrictions. The revised ordinance staff are proposing has multiple stages. This approach would allow the degree of restrictions to be tailored to match the capacity of the well fields and the treatment process at any given time. Second, during previous instances of rationing, a considerable amount of staff time was consumed handling appeals of the base allocation. Since the most frequently made adjustment was to increase the base allocation to the customer's winter consumption, staff are proposing to use the winter consumption as the basis. Improvements made to the Utility Customer Service billing software since the last rationing episode now make this possible. It is anticipated that this change will reduce the number of appeals from several thousand to a few hundred. Revised Water Rationing Ordinance Below is a conceptual description of a revised water rationing ordinance. Staff are seeking council direction into the nature of the revisions. After receiving council input, staff will develop the actual ordinance language. The proposed ordinance consists of four tiers or stages. Each stage is intended to provide a different degree of water use reductions. There is no requirement that restrictions begin at Stage I nor is there a prohibition against skipping any particular stage. This allows the greatest amount of flexibility in matching the restrictions to current conditions. 2 Water Rationing Ordinance—Proposed Revisions Definitions • Average Wine'Usage: Determined by adding together the water consumption billed for the previous December, January, and February, and then dividing the total by 3. For new customers or customers that do not have a consumption history for the previous December, January, and February, an Average Winter Usage of 200 cubic feet per month per resident will be used for residential customers. Non-residential customers that do not have a consumption history for the previous December, January, and February must supply information to the City to establish an Average Winter Usage. • Base Allocation: The maximum amount of water that can be used by a Customer without incurring a Premium Rate charge. The Base Allocation may vary from one Customer to another. The Base Allocation may change, depending on the water rationing stage in effect. • Customer: A Customer is defined as a specific billed account number and not the number of people residing in a residence or employed at a business. • Non-Potable Water: For the purposes of this ordinance, Non-Potable Water is defined as water derived from sources other than the Ames municipal water utility. Examples of Non- Potable Water may include water condensed from the atmosphere, collected from rain or snow, or drawn from a private well. • Potable Processed Water: For the purposes of this ordinance, Potable Processed Water is defined as any water that has been treated at the Ames Water Treatment Plant. • Premium Rate: An additional charge, in addition to the water rates duly enacted by the Ames City Council, for water consumed in excess of the Base Allocation. The Premium Rate may vary, depending on the Water Rationing Stage in effect. • Street Address: The address identified on the utility bill for the Customer as the location of service. • Reclaimed Water: Water reclaimed or recycled after some other use. Examples of such non-restricted uses include cooling, washing, and shower/bath water. Water Shortages Occur From time to time, circumstances may arise where the ability of the Ames municipal water utility to supply water may become seriously diminished so that there will not then be a sufficient supply of water to meet all customary and usual demand indefinitely. Under those conditions, the City Council may find, and declare by resolution, a public water shortage emergency during which time the following measures and provisions shall be in effect to produce an orderly and equitable curtailment of water consumption. The Ames City Council shall establish the nature of said curtailments by implementing one or more of the Water Rationing Stages described below. Such curtailment measures and provisions shall remain in effect until, by resolution, the Council finds and declares the water shortage emergency to be ended. 3 Water Rationing Stages The following stages may be adopted by the Ames City Council to effect the necessary level of water usage curtaihT ent warranted by conditions at the time. The Ames City Council may adopt any Water Rationing Stage, regardless of whether or not any previous Water Rationing Stage has been adopted. • Stage I: Voluntary Conservation. Water Rationing Stage I consists of a request to consumers of Potable Processed Water to voluntarily conserve usage. No Base Allocation or Premium Rate is established by adopting Water Rationing Stage I. • Stage II: Minor Mandatory Conservation. Water Rationing Stage II places the following restrictions on the use of Potable Processed Water. • Prohibit any use of Potable Processed Water that results in water running off into ditches, gutters, storm sewer inlets, and drains. This includes, but is not limited to, runoff resulting from the watering of lawns, trees, shrubs, gardens, and bedding plants and from washing or hosing down sidewalks, driveways, and streets. This does not apply to municipal street-sweeping equipment. • Prohibit the use of Potable Processed Water for washing vehicles, except at establishments that offers that service. This includes "fund-raising" car washes. • Restrict outdoor watering to even/odd days based on the street address. Addresses than end in an even digit may water on even dates only; addresses that end in an odd digit may water on odd dates only. • Provisions for new lawns: - Require a "New Lawn Exemption" certification from the City that must be displayed in a front window or otherwise readily visible from the street. The certification shall show the date the new lawn was seeded or sodded. - For the first ten days after new sod or seed is laid, watering is allowed for eight hours per day maximum. - After ten days, the even/odd schedule applies. • Reclaimed or Non-Potable Water may be used without restriction. • Stage III: Moderate Mandatory Rationing. Water Rationing Stage III includes all restrictions included in Stage II, plus the following additional restrictions on the use of Potable Processed Water. Where Stage III imposes a more severe restriction than Stage II, the Stage HI-requirements shall take precedence. • Establish a Stage III Base Allocation for each Customer that is 150 percent of the Customer's Average Winter Usage. • Establish a Stage III Premium Rate of$0.075 per cubic foot (approximately 1¢ per gallon). See examples at end of report for sample bill calculations 4 • Prohibit the use of processed potable water for washing vehicles, except at establishments that offer that service and utilize water conservation equipment. Examples of water conservation equipment may include, but not be limited to, water recycle/muse systems and low-consumption nozzles. • Restrict outdoor watering to once every five days based on the following schedule. Last Digit of Address Day of Month Allowed to Water 0or5 5t , 10 , 15 , 20 , 25 , 30 th 1 or 6 1st 6tn 11'h, 16th, 215t 26tn 2 or 7 2"d, 7d' 12tn, 17`n, 22"d, 27tn 3 or 8 3`d, 8th, 13th, 18th, 23`d, 28th 4 or 9 4tn 9th, 14tn, 19th, 24th, 29th Water application rates shall not exceed one inch per day. Watering that results in water running off into ditches, gutters, storm sewer inlets, and drains shall be prohibited. Outdoor watering shall be restricted to the following hours: 6:00 a.m. to 9:00 a.m. and 7:00 p.m. to 10:00 p.m. This applies to lawns, trees, shrubs, gardens, or other outdoor plants. • Provisions for new lawns - Require a "New Lawn Exemption" certification from the City that must be displayed in a front window or otherwise be readily visible from the street. - For the first 24 hours after sod or seed is laid, watering is allowed for eight hours maximum. - For the next nine consecutive days, watering is allowed only between 5:30 a.m. and 9:30 a.m. and 7:00 p.m. to 10:00 p.m. with daily application rates not to exceed one inch. - Thereafter, the once-every-five-days schedule applies as described above. • Prohibit the introduction of Potable Processed Water into any private or semi- private pool (i.e. motels, apartment complexes, condos, associations, etc.), pond, or fountain of any size. This does not apply to public pools. • Prohibit the use of hydrant meters for watering new seed or sod, dust control, settling backfill, or other construction purposes. Hydrant meters already in place will be removed by the Water Meter Division. Exceptions to this prohibition will be made on a case-by-case basis by appealing to the city manager and will be granted for essential life, health, and safety purposes only. • Reclaimed or Non-Potable Water may be used without restriction. • Stage IV: Severe Mandatory Rationing. Water Rationing Stage IV includes all restrictions included in Stage ii and Stage III, plus the following additional restrictions on the use of Potable Processed Water. Where Stage IV imposes a more severe restriction than either Stage 11 or Stage 111, the Stage IV requirements shall take 5 precedence. • Establish a Stage IV Base Allocation for each Customer that is 110 percent of the Customer's Average Winter Usage. • Establish a Stage IV Premium Rate of$0.225 per cubic foot (approx. 3¢ per gallon). See examples at end of report for sample bill calculations. • Prohibit the outdoor watering of lawns, trees, shrubs, flowerbeds, and vegetable gardens. Exceptions: - Recently planted trees and shrubs (less than four years old and planted before Stage IV was adopted) and new seeding or sod (less than one year old and planted but before Stage IV was adopted) may be watered once per week with an application rate not to exceed one inch per week. Watering of any seed, sod, trees, gardens, or flowerbeds laid or planted after the date of Stage IV implementation is prohibited. This prohibition shall continue until after Stage IV restrictions are lifted. - Existing outdoor flower and amble gardens may be watered once per week, provided that drip irrigation or soaker hoses are used and the application rate does not exceed one inch per week. • Prohibit the use of Potable Processed Water to wash any vehicle. This ban includes commercial establishments that provide that service. • Reclaimed or Non-Potable Water may be used without restriction. Penalties The first such violation shall result in a written warning informing the Customer that they are in violation of the Water Rationing Ordinance. Thp second violation shall result in a Municipal Infraction Penalty of$75. Repeat violations shall result in a penalty of$100 per occurrence. Appeal and Adjustment of the Base Allocation Any Customer may file an appeal with the city manager to adjust the Base Allocation amount. The city manager may grant an adjustment to the appellant based on the following criteria. For single-family residential use, the Base Allocation may be increased to 200 cubic feet per person per billing period for all individuals residing at the appellant's residence for a period of more than 30 consecutive days. Residential or other appellant's may provide additional information to justify the need for an increased Base Allocation. Granting of an increased Base Allocation shall be on a case-by-case basis and be based on providing sufficient water to 6 meet essential life, health, and safety needs. • Any person who, in making application to the City for an adjustment of the Base Allocation or Premium Rate charges, new lawn exemptions, or otherwise provides information to the City for the purposes of verifying compliance with this ordinance, intentionally provides false or incorrect information shall automatically have their requests denied. In addition, such person shall additionally be liable to a penalty of$75 for the first offense and a penalty of$150 for the next and each succeeding or additional violation. Such penalty shall be in addition to any other charges that may be applicable. Appeal of the Premium Rate Charge Any Customer may file for an adjustment of the Premium Rate charges for inaustere water consumption with the city manager. The city manager may grant an adjustment of the Premium Rate charges based on the following criteria. The cause of the inaustere consumption shall be mechanical in nature (such as broken or leaky pipes or fixtures). Carelessness or negligence shall not be grounds for an adjustment. The Customer shallfurnish proof that the mechanical#aiiure was repaine-d promptly. Acceptable proof includes an invoice from a licensed plumber or a receipt for materials. The adjustment will be granted only for the billing period prior to the correction of the failure. Appeals for adjustment of the Premium Rate will only be considered when the Premium Rate charge exceeds $5.00. Reduction in Flow of Water to Any Customer The city manager is authorized, after giving notice and opportunity for hearing, to reduce the flow of potable processed water to any Customer determined to be using potable Processed water in any manner not in accordance with this ordinance. Cause for said reduction may include, but not be limited to, issuing three or more notices of violation of any stage of the ordinance. The degree of reduction in flow, up to and including shutting off all water, shall be determined on a case-by-case basis. Summary It is interesting to note that the extended dry weather we have been experiencing since late 1999 has already surpassed the duration of the drought of 1976-77. It is because of improvements made to expand the source water supply and to optimize the water treatment process that rationing was not required during the summer of 2000. Unfortunately, the possibility exists that the dry weather may continue into the spring and summer of 2001. Staff hope to have thq proposed revisions in place before they might be needed. Staff believe that by making the above-described changes to the water rationing ordinance the water utility can make the most judicious use of the available resources. By tailoring the level of restrictions to match the conditions, the inconvenience to customers of the Ames Water Plant will be minimized as 7 much as is practical. If Council agrees with the proposed revisions, the report will be referred to the city attorney to develop the ordinance. 8 Example No. 1 A customer has a wintertime consumption of 650 cubic feet/month and uses twice as much in the summer. Calculate the consumption charge. No rationing; no adjustment 1,300 cu ft x$1.39/100 cu ft= $18.07* • Stage I and II — No premium rate; no adjustment • Stage III Adjustment Base Allocation = 150% of wintertime consumption 650 cu ft x 150% = 975 cu ft Premium Rate = $0.075/cu ft for use over base allocation (1,300-975) x$0.075/cu ft= $24.38 Adjusted Bill = $18.07 + $24.38 = $42.45* • Stage IV Adjustment Base Allocation = 110% of wintertime consumption 650 cu ft x 110% = 715 cu ft Premium Rate = $0.225/cu ft for use over base allocation (1,300-715) x$0.225/cu ft= $131.63 Adjusted Bill = $18.07 + $131.63 = $149.70* * Includes water consumption only; excludes minimum bill charges 9 a o 0 0 o t w o 0 0 » g r g = o @ g o 6 0 4 r o w LO » 6 6 / $ k G 7 \ \ 00 � 7 6 $ g / ^ / 70 ) % 2 ? / _7 S 3 a 6 ¥ a ® r o 0 0 G / o < @ o r o < A # Q a A r \ co \ \ 04 — J @g c o \ I ± $ t A w o 0 co o g o 0 G w < & 6 / \ J qT _ < o 0 0 / cl # m r o m \ \ k t t o 0 0 7 n = e g o 0 0 o < w 6 L © \ 7 / _ < 9 co 7 - f 0 ? 0 2 # m o 0 0 E \ % r- d / \ 3 N \ / / E 7 r < / / \ cq a) o n I $ � C) � / 2 3 t G o 0 0 = Cl? @ o 0 21% k \ / \ § f $ . \ $ \ \ \ C @ / C) f k ® co q 0 0 o E _�\ E Q) E 7 / E \ � / Mq \ ] \ % ƒ $ ® k % E E E -0 5 \ c E � e � cc � a c = E 2 / g = g = § f = § \ E �0 o / R = o g = o ) \ / % E s c \ o R E 2 ? @ \ CD i f / x ƒ \ f / R 7 - A 2@ t CD r & § § / 0 § § 6 2E. x E \ \ \ \ 2 0 \ ƒ \ 1 u \ y 7 7 § & >1 2 7 7 7 § % \ ° E ) , , a) o m 5 s 7 « ° ® % e k « 2 ) o g o 2 / 3 2 0 0 5 e \ 2 — \ / o / \ ° / � — § / o El \ K E \ k \ / \ L I / E \ k \ / \ c e mO 20 uO / R mO 2O � U \