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Resolution 2558-A Alw RESOLUTION NO. 2558 A 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT ADOPTING 3 THE WATER SHORTAGE CONTINGENCY PLAN 4 5 WHEREAS, the California Legislature enacted Assembly Bill 6 11X during the 1991 Extraordinary Session of the California 7 Legislature (an act to amend California Water Code Sections 8 10620, 10621, and 10652, and to add Section 10656 to the 9 California Water Code, relating to water); and 10 WHEREAS, AB11X mandates that every urban water supplier 11 providing municipal water directly or indirectly to more than t 3,000 customers or supplying more than 3,000 acre feet of water 13 annually shall develop a Water Shortage Contingency Plan; and ihy 14 WHEREAS, AB11X mandates that said Plan be filed with the 15 California Department of Water Resources by January 31, 1992; 16 and 17 WHEREAS, the South Tahoe Public Utility District is an 18 urban supplier of water serving more than 3,000 customers, and 19 has therefore, prepared a Water Contingency Plan, in compliance 20 with the requirements of AB11X, and a properly noticed public 21 hearing regarding said Plan was held by the Board of Directors 22 on January 13, 1992; 23 NOW THEREFORE BE IT RESOLVED by the Board of Directors 24 (Board) of the South Tahoe Public Utility District as follows: 25 1. The Water Shortage Contingency Plan is hereby adopted 26 and ordered filed with the Clerk of the Board; kiw 27 28 - 1 - 1 2. The General Manager is hereby authorized and directed 2 to file this Plan with the California Department of 3 Water Resources; 4 3. If necessary, the General Manager shall make a 5 recommendation to the Board to declare a Water 6 Shortage Emergency and to implement this Water 7 Shortage Contingency Plan; 8 4. The General Manager shall recommend to the Board any 9 additional procedures, rules, and regulations to carry 10 out effective and equitable allocation of water 11 resources during a water shortage. 12 PASSED AND ADOPTED at a regular meeting of the Board of Directors on the 13th day of January, 1992, by the following 13 vote: 14 AYES: Directors Pierini, Onysko, Mosbacher, Mason, Wallace 15 NOES: None 16 ABSTAIN: None 17 18 LOU PIERfNI, CHAIRMAN OF BOARD 19 q,,;1-f4:41// SOUTH TAHOE PUBLIC UTILITY DISTRICT 20 ATTEST : 21 PAT A. MAMATHERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT 22 23 24 25 26 k 27 28 - 2 - a 1 WATER SHORTAGE CONTINGENCY PLAN Submitted by SOUTH TAHOE PUBLIC UTILITY DISTRICT Post Office Box 19487 1275 Meadow Crest Drive ilito South Lake Tahoe, CA 96151 (916) 544 -6474 FAX (916) 541 -0614 Prepared by Diane Gilbert Public Information Officer kiwi a , TABLE OF CONTENTS Page No. Section I. Coordinated Planning 1 Section II. Past Current & Projected Water Use 2 Section III. Worst Case Scenarios 7 Section IV. Administration 9 Appendix 12 TABLES & GRAPHS Water System Connections 3 Water Production 3 Water Production Demand Projection 4 Water Production Capacity 5 -7 ,,, Stateline Zone Projected Water Supply 1992 -1994 8 APPENDIX District Ordinance No. 423 - Appendix A District Ordinance No. 433 - Appendix B Ultra Low -flow Rebate Program - Appendix C Water Rates - Appendix D Resolution No. 2558 - Appendix E Section I. - Coordinated Planning The South Tahoe Public Utility District (District), located in El Dorado County at the south end of Lake Tahoe, provides water production and direct distribution of potable water to most of the California residents at the South Shore. In addition, this agency provides sewer collection and wastewater treatment within the district boundaries of approximately 25,000 sq. acres, export and reclamation of the treated effluent to a neighboring county. The District currently serves 15,973 sewer accounts, and 12,184 water accounts. Three small, private water companies also operate in our district, serving about 3600 accounts total. Although there are emergency interties between the District and all of the private water companies, the District is completely independent in terms of water sources, supply, and demand. We do not import any water. The District is a member of the South Shore Water Purveyors Association, consisting of the four local water purveyors. The association meets monthly and includes representatives from the local fire protection jurisdictions, El Dorado County Health Department, and the Department of Health Services, Office of Drinking Water. The Association coordinates planning efforts, conducts the local water conservation program, stays up -to -date and knowledgeable about changing state and federal regulations, and pursues other water management activities of mutual interest. The three private water agencies have supported the District's Drought Response Ordinance No. 423 (Appendix A), however they have not formally adopted similar ordinances within their service districts. The 1990 passage of the federal Truckee - Carson - Pyramid Lake Water Rights Settlement Act marks a recent milestone. Among other things, the act achieved an interstate allocation of the water resources of Lake Tahoe. California will have 23,000 acre feet per year (maximum diversion) , and Nevada will have 11,000 acre feet per year (maximum diversion). An operating agreement is required to implement the legislation and further allocate the states' water. The Department of Water Resources and many interested parties are proceeding with this work. An Operating Agreement is expected to be complete within 5 years. Development of lands within the Lake Tahoe Basin is strictly controlled by a bi -state agency created by the U.S. Congress in 1969. The mission of the Tahoe Regional Planning Agency (TRPA) is to establish environmental threshold carrying capacities and to enforce a regional plan which will achieve and maintain such capacities while providing for orderly growth and development. The TRPA must review its plan every 5 years in order to evaluate the flikor - 1 - progress (or lack of progress) made on thresholds in nine areas: water quality, air quality, soil conservation, vegetation, fish habitat, wildlife habitat, noise, recreation, and scenic resources. TRPA is the guiding agency for future growth in the entire Tahoe Basin. Growth in this District has been limited to an average 120 new residential allocations per year. The 1991 5 -year review of the Plan indicates that future residential allocations will be allowed, although the number may be reduced below 120. The TRPA has recently announced that 99 residential allocations will be distributed to our district for 1992, a reduction of 17% from previous years. We will serve water to about 85 of those new homes. This growth rate is well under 1 %. Our district is essentially a no growth area. The South Tahoe Public Utility is a participating member of the El Dorado County Emergency Services planning efforts. The group consists of Fire, Police, Sheriff, City, Utilities, County Health, and County Office of Emergency Services and meets regularly. An Emergency Response Plan to coordinate relief efforts in the event of a local disaster is currently in the development stages. Section II. - Past, Current, and Projected Water Use The District serves water to a permanent population of about 30,000 year- round /permanent residents, 11,500 seasonal /part -time residents, and an estimated 2,000,000 visitors per year. The seasonal peak day population is about 65,000 people. There are 558 commercial metered accounts, and 11,616 flat rate accounts, almost all of which are residential. The 1991 production totaled 2025.76 million gallons. Unaccounted - for water averages 152% and is apportioned to both metered and flat rate account types. The projection for 1992, 1993, and 1994 is described by the Graph on page 8. The District adopted Ordinance No. 433 (Appendix B) in February 1991 providing for the installation of low water use plumbing fixtures in new and remodeled homes throughout the district. The commercial lodging developments representing the City of South Lake Tahoe's Redevelopment Project were given permits subject to the installation of low water use plumbing fixtures. The District has also implemented a Ultra Low -flow Toilet Rebate Program to encourage residential and commercial retrofit of existing toilets by offering a $75 rebate for each toilet replaced. We anticipate continued funding for this program. (Appendix C) The minor amount of new development and a growing number of the existing commercial and residential development have installed ultra low -flow toilets, low -flow showerheads and faucets. For - 2 - projections, the new water demand is increasing at 0.5% per cent per year. Single family connections average 2.49 residents. The average annual residential demand is 210 gallons per day per household. The low average of 84 gallons per person per day is due to a very short irrigation season and a large number of only seasonally occupied homes being factored. The maximum day water use of a typical residence is 609 gallons. This, of course, is the "peak consumption" which our water conservation efforts also target. The District serves no industrial or agricultural accounts. The Commercial category includes governmental, recreational, and commercial accounts. Water System Connections Connection Type 1987 1988 1989 1990 1991 Residential Metered 19 21 0 0 0 Flat Rate 11,038 11,051 11,175 11,272 11,395 Commercial Metered 502 510 513 545 568 Flat Rate 239 239 242 231 221 Totals 11,798 11,821 11,930 12,048 12,184 Water Production Year Total Flow (MG) 1987 2373.93 1988 2209.77 1989 2235.53 1990 2226.39 1991 2025.76* *Harrah's Resort Hotel was disconnected from the water system in August 1990. Harrah's estimated consumption was .45 million gallons per day. A new hotel, Embassy Suites, connected to the water system in fall 1991, and opened December 1991. This redevelopment hotel, other planned redevelopment projects, and a new jail will return the demand to the pre -1991 levels. - 3 - Water Production Demand Projection Year Total Flow (MG) 1992 2293.89 1993 2315.00 1994 2331.00 The projections above assume that all new residential and commercial projects will install ULF toilets; most will be subject to the Landscape Ordinance which is presently in development. The District operates five major water production zones within its systems: • Stateline Zone • Angora Zone • Airport Zone • Echo View Zone • Tahoe Paradise Zone There are a total 32 wells and 1 surface water treatment plant serving the District. There is adequate existing water supply to meet future projected demands in the Angora, Airport, Echo View, and Tahoe Paradise Zones. This assessment was made during the preparation of the District's 1989 Water Master Plan Update and confirmed by the Dept. of Health Services in their evaluation of the District's supply, storage, and water quality status. The static level of wells in the district are relatively stable due to the influence of Lake Tahoe. The Stateline Zone, however, has production and storage deficiencies which the District is currently confronting. During a continuing drought, the amount of future water production from the surface water source (Cold Creek Filter Plant, serving the Stateline Zone) is unknown. The District's largest producing well, College Well, exceeds the standard for uranium and is off line, on standby status, with an exemption to operate only to meet peak demand (College Well also served the Stateline Zone). Our "worst case scenario ", which is required in this Plan, addresses the Stateline Zone only since it is the area with real potential for emergency water shortages due to drought. It should be noted, however, that future impacts of the Safe Drinking Water Act may put every well in our district out of compliance. For instance, the Radon Rule as proposed (300 pCi /L) is far below the average range of District wells tested (1630 pCi /L). O ihrie - 4 - The District's total production capacity by source is listed on the following pages with subtotals for the five major zones. Water Production Capacity Gallons Per Minute Million Gallons Per Water Source (GPM) Capacity Day (MGD) Capacity * *Stateline Zone ** Al Tahoe Well 225 .32 Blackrock #1 35 .05 Blackrock #2 90 .13 Chris Avenue Well 144 .21 *College Well 1,200* 1.73 Fountain Well 70 .10 Glenwood #1 188 .27 killy Glenwood #2 111 .16 Glenwood #3 174 .25 Glenwood #4 167 .24 Helen #1 160 .23 Helen #2 270 .39 Martin Ave. Well 450 .65 Pine Ave. Well 200 .29 Sunset Well 735 1.06 Cold Creek Filter 1,388* 2.00 Plant* Subtotals 5,607 8.08 * College Well is presently off line, on standby status due to uranium levels in excess of state standards. College Well and Cold Creek Filter Plant are the subject of the production contingency in the Stateline Zone. - 5 - • Water Source Gallons Per Minute Million Gallons Per (GPM) Capacity Day (MGD) Capacity * *Airport Zone ** Airport Well 750 1.08 Tata Ave. #1 280 .40 Tata Ave. #2 144 .21 Tata Ave. #3 151 .22 Subtotal 1,325 1.91 * *Echo View Zone ** Echo View Well 75 .11 Subtotal 75 .11 * *Angora Zone ** Country Club Well 235 .34 Elk's Club 237 .34 Clement Well 229 .33 Industrial #1 58 .08 Industrial #2 187 .27 Julie Lane 250 .36 Mt. View Estates 343 .49 South "Y" Well 382 .55 Tata Lane Well 200 .29 Subtotal 2,121 3.05 - 6 - * *Tahoe Paradise Zone ** Arrowhead Well 750 1.08 Upper Truckee #1 650 .94 Upper Truckee #2 650 .94 Subtotal 2,050 2.95 GRAND TOTAL 11,178 16.10 Section III. - Worst Case Scenarios in the Stateline Zone Cold Creek Filter Plant historically operates at full production during the summer months, providing 2 MGD to the Stateline Zone. The balance of 6.08 MGD total capacity is provided by the wells listed above. A generally accepted method of sizing a system's water supply is to retain adequate supply with lost production from the 8system's largest well. In the case of Stateline Zone, the k ire largest operating well is Sunset Well. The range of demand vs. production scenarios described on the Graph on the following page, Stateline Zone 1992 - 1994 Projected Water Supply, characterizes three reduced production scenarios: ♦ Scenario A* - Stateline Zone production 6.35 MGD. College Well remaining off line, none of the current new water wells (currently in the site selection stage) proving successful due to uranium levels in excess of 20 pCi /L. Rising levels of uranium in our groundwater supplies appears to be an additional impact of the long drought. ♦ Scenario B ** - Stateline Zone production 5.45 MGD. College Well remaining off line, none of the test wells for new wells proving successful, and production at Cold Creek Filter Plant at 50% due to low flows and excessive turbidity in Cold Creek. ♦ Scenario C * ** - Stateline Zone production 4.39 MGD. College Well remaining off line, none of the test wells for new production proving successful, production at Cold Creek Filter Plant at 50% due to low flows and excessive turbidity, and lost production from the zone's largest producing well, Sunset Well. kie - 7 - MGD o R • # > ON -4 00 NO L 1 | | 1 | 1 | | 2 / / Q 0 8' �� \ 0 S . / _ 0 / » ? o k� / lo ® 7 o'-' 2 CD 7_ / J od 8 \ G / 0 ,,CD w o K 7 D ON 0 0 $ / k- 7 ■ 2 �m ? ƒ \ d o j. !--+ % 2 • / m 2L' $ 0 0" i hr, ' .1 1 P 5' ez m \ d o 3 0 3� »� 9 _ / ) ® tri § o §' \ R 0 \ 25 ON A / t- ƒ 7 - 7 / � 0 s.--. 5 § 0) o ® k 2 ® ƒ cm V. 1 q § 0 = 7 K . » k -4 « o §. 0 A - _ TA CD AT d I . - & t., A 0 « OD w A • o '0 01 a CO \ k \ \ rage 8 These three reduced supply scenarios are conceivable. In fact, the District has planned for such an emergency with the adoption of Ordinance No. 23, An Ordinance of South Tahoe Public Utility District Establishing Water Shortage and Drought Response Standards. This 5 -stage drought response plan was approved and adopted by the Board of Directors May 7, 1990. During the summer of 1991 the Ordinance was implemented and enforced by two "Water Educators ", hired specifically to patrol neighborhoods, describe the District's conservation programs, and enlist the cooperation of residents, visitors, and the business community. The District advanced only to stage 2 during the summer of 1991. The language describing the 5 levels of increasingly stricter conservation measures required is subjective, leaving latitude for the General Manager and Water Manager, and Board of Directors to move ahead or retreat without specific parameters (reservoir storage levels, diminished pressure reports, etc.). For purposes of this Plan, however, the triggers for Stage 3 through Stage 5 can easily be associated with the three supply reduction scenarios described above: Stage 1 - During periods of adequate water supply, customers are to practice water conservation so that water is not wasted. (See Ordinance for specific language associated with each stage) • Water shall not run off property • Repair of all leaks in plumbing and irrigation systems • Shut -off nozzle required for vehicle washing • Citizens report signs of water leaks • No irrigation of non - landscaped or undeveloped property Stage 2 - Minor Supply Shortage - all of stage 1, and: • Lawn and landscape irrigation only between 6:00 p.m. and 8:00 a.m. • No water use for washing down paved areas, decks, etc. • Restaurants shall serve water only on request Stage 3* - Severe Supply Shortage - all of stage 1 and 2 restrictions, and: • Odd -even watering • No filling of swimming pools • Operation of outdoor fountains only with recycling system Stage 4 ** - Critical Water Supply Shortage - all of stage 1, 2, and 3 restrictions, and: - 9 - • Outdoor irrigation limited to once per week • No water for new landscape irrigation • Use of water from hydrants limited to fire fighting Stage 5 * ** - Water Emergency - all of stage 1, 2, 3, and 4 restrictions, and: • Water use for household and business use only • Water for dust control, earthwork, road work, and construction prohibited • Mainline flushing of hydrants prohibited • Water for air conditioning, where other fresh air source is available is prohibited To summarize, the District will advance to stage 3 if scenario A occurs (or other similar hardship); stage 4 if scenario B occurs; and stage 5 if scenario C occurs. Section III - Administration As required in this Plan, Ordinance No. 423 bans wasteful use of water and establishes enforcement methods: "Section III - No Water User shall waste water or make, cause, use or permit the use of water from the District for any purpose in a manner contrary to any provision of this Section, or in an amount in excess of that use permitted by the conservation stage in effect pursuant to this Ordinance. The State of water conservation shall be determined by the General Manager except that the Board shall determine any conservation stage more restrictive than Stage 3. Section IV - ENFORCEMENT The District, its General Manager, and designated employees, have the duty and are authorized to enforce all provisions of this Ordinance. Each Water User is deemed to control the water used at his or her premises and to be responsible therefor. The imposition of costs in accordance with the terms hereof shall not preclude recourse by the Water User against the person or persons responsible for violation of this Ordinance. A. First Violation. For a first violation, the District shall issue a written warning to the Water User. B. Second Violation. For a second violation, a surcharge shall be imposed equal to twenty -five (25 %) of the immediately preceding Water User's bill at the premises where the violation occurred. C. Third Violation. For a third violation, a surcharge thy - 10 - shall be imposed equal to fifty percent (50 %) of the immediately preceding Water User's bill at the premises where the violation occurred. In addition to the surcharge, the Board or the General Manager may require installation of a flow- restricting device on the Water User's service connection. D. Fourth Violation. For a fourth violation, the surcharge pursuant to Section VII. C hereof shall be imposed and the District shall discontinue forthwith water service to the Water User at the premises where the violation occurred. Reconnection shall occur only when there is practical protection against recurrence of violations such as a flow - restricting device on the Water User's connection. E. District Enforcement Costs. District shall be reimbursed for its costs in enforcing the provisions of this Ordinance, including such costs as District incurs for District staff to investigate and monitor the Water User's compliance with the terms hereof. Charges for installation of flow- restricting devices or for discontinuing or restoring water service, as those charges are determined by the District, shall be paid by the customer. Those charges shall include such costs as District incurs for District staff to investigate and monitor the Water User's compliance with the terms hereof. The District serves flat rate water to the large majority of its customers, therefore mechanisms for adjustment of rates and establishment of consumption limits is not possible. (Appendix D) Active monitoring of water production from every source in the District occurs on a daily basis year round. The level of the storage facilities are electronically monitored with alarms indicating low levels have been reached to ensure adequate emergency reserves. The Water Manager receives reports on a daily, or hourly basis, if necessary, during peak demand periods. During the summer of 1991 the District published the daily consumption and maximum capacity for the Stateline Zone in the local newspaper to keep customers "water aware." - 11 - o y tAt111111 x • APPENDIX A ORDINANCE NO. 423 AN ORDINANCE OF SOUTH TAHOE PUBLIC UTILITY DISTRICT ESTABLISHING WATER SHORTAGE AND DROUGHT RESPONSE STANDARDS BE IT ENACTED, by the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT, County of El Dorado, as follows: SECTION I - FINDINGS A. The South Tahoe Public Utility District has engaged in a vigorous and ongoing program of conservation pursuant to the policy of water conservation and prohibition of water waste [California Constitution Article X, Section 2; California Water Code Sections 375 -377, 1009 and Appendix Sections 10015(13)]. Concurrently herewith the District Board is considering an ordinance establishing water conservation standards. B. Several years of below average precipitation have depleted aquifers within the District water supply area. C. Recent changes in the regulations of competent governmental authorities have restricted the use of existing sources of District water supply. D. The District is pursuing new sources of water supply and the supplementation of existing water supply sources. E. The success of new water supplies and the impact of drought conditions are not completely known at this time and it is necessary in the interest of the public health, safety and welfare to impose drought response standards which address degrees of potential responses depending upon water availability. F. The specific measures set forth in Water Conservation Stage 1 hereof are necessary and proper to conserve water resources and minimize the cost to the District and expense to • its customers associated with unnecessary water use. SECTION II - DEFINITIONS For the purpose of this Ordinance, the terms used herein are defined as follows: A. The District - The South Tahoe Public District. B. The Board - The Board of Directors of the South Tahoe Public Utility District. • C. General Manager - The General Manager of the South Tahoe Public Utility District. D. Water Users - Any person, firm, partnership, association, corporation, or political entity using water obtained from the South Tahoe Public Utility District. E. Waste - Any unreasonable or non - beneficial use of water, or any unreasonable method or use of water, including, but not limited to, the specific uses prohibited and restricted by this Ordinance, or other District ordinances. F. Water - Water supplied by the South Tahoe Public Utility District. G. New Construction - any structure which, on the effective date hereof, either does not exist or is unoccupied and does not have a certificate of occupancy from competent governmental authorities. SECTION III - WATER CONSERVATION STAGES No Water User shall Waste water or make, cause, use or permit the use of water from the District for any purpose in a manner contrary to any provision of this Section, or in an amount in excess of that use permitted by the conservation stage in effect pursuant to this Ordinance. The State of water conservation shall be determined by the General Manager except that the Board shall determine any conservation stage more restrictive than Stage 3. A. Stage 1 - Normal Conditions. During periods of adequate water supply, customers are to practice water conservation so that water is not Wasted. 1. Water Users shall not allow water to leave the property by draining onto adjacent properties or impervious surfaces. 2. Water Users shall repair all leaks in plumbing and irrigation systems. 3. Private vehicle washing shall only be performed with bucket and shut -off nozzle attached to hose. Continuous discharge from hose nozzle prohibited. EXCEPTION: Washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washings are exempted from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle cleanings, such as garbage trucks and vehicles which transport food and perishables. -2- • 4. All are encouraged to report all signs of leaks or abusive misuse of water. 5. The use of water to irrigate non - landscaped, natural vegetation or undeveloped property is prohibited. B. Stage 2 - Minor Supply Shortage. Stage 1 restrictions apply, and: 1. Lawn and landscape irrigation permitted between 8:00 p.m. and 8:00 a.m. only, except for new lawns planted within thirty (30) days of commencement of Stage 2; provided, however, irrigation of lawns, gardens, landscaped areas, trees, shrubs or other plants is permitted at anytime if: a. a hand -held hose is used, or b. a hand -held, faucet filled bucket of five (5) gallons or less is used, or c. a Drip Irrigation System is used. 2. Water shall not be used to wash down sidewalks, driveways, parking areas, tennis courts, patios or other paved areas, except to alleviate immediate fire or sanitation hazards. 3. All eating and drinking establishments shall serve water to their customers only when specifically requested by the customer. C. Stage 3 - Severe Supply Shortage. Stages 1 and 2 • restrictions apply, and: 1. Designated irrigation days shall be established which require houses whose street address (NOT LOT NUMBERS) ends with an even number to irrigate on even - numbered days of the month; and require houses whose street address ends with an odd number to irrigate on odd - numbered days of the month. In months of more than thirty (30) days, no irrigation shall be permitted on the thirty -first (31st) day. 2. The filling of water to uncovered outdoor swimming pools is prohibited. 3. The operation of any ornamental fountain or similar decorative water structure is prohibited unless a recycling system is used and a sign informing the public of such recycling system is prominently displayed. D. Stage 4 - Critical Water Supply Shortage. Stages 1, 2, and 3 restrictions apply, and: 1. Outdoor irrigation of all vegetation including lawns and landscaping is limited to once per week. -3- • EXCEPTION: The General Manager may permit more frequent irrigation of public facilities pursuant to Section V hereof. 2. No water shall be used for landscaping irrigation for New Construction. 3. Use of water from fire hydrants shall be limited to fire fighting and /or other activities immediately necessary to maintaining the health, safety and welfare of the community. E. Stage 5 - Water Emergency. Stages 1, 2, 3, and 4 restrictions apply, and: 1. The use of water for other than household and business use is prohibited. 2. The use of water for dust or dirt control, earthwork and road construction purposes is prohibited. 3. The use of water for mainline flushing of hydrants, except for emergency purposes, is prohibited. 4. The use of water for air conditioning purposes, where an alternate source of fresh air is available, is prohibited. SECTION IV - ENFORCEMENT The District, its General Manager, and designated employees, have the duty and are authorized to enforce all provisions of this Ordinance. Each Water User is deemed to control the water used at his or her premises and to be responsible therefor. The imposition of costs in accordance with the terms hereof shall not preclude recourse by the Water User against the person or persons responsible for violation of this Ordinance. A. First Violation. For a first violation, the District • shall issue a written warning to the Water User. B. Second Violation. For a second violation, a surcharge shall be imposed equal to twenty -five percent (25%) of the immediately preceding Water User's bill at the premises where the violation occurred. C. Third Violation. For a third violation, a surcharge shall be imposed equal to fifty percent (50%) of the immediately preceding Water User's bill at the premises where the violation occurred. In addition to the surcharge, the Board or the General Manager may require installation of a flow- restricting device on the Water User's service connection. -4- D. Fourth Violation. For a fourth violation, the surcharge pursuant to Section VII.C. hereof shall be imposed and the District shall discontinue forthwith water service to the Water User at the premises where the violation occurred. Reconnection shall occur only when there is practical protection against recurrence of violations such as a flow - restricting device on the Water User's connection. E. District Enforcement Costs. District shall be reimbursed for its costs in enforcing the provisions of this Ordinance, including such costs as District incurs for District staff to investigate and monitor the Water User's compliance with the terms hereof. Charges for installation of flow - restricting devices or for discontinuing or restoring water service, as those charges are determined by the District, shall be paid by the customer. Those charges shall include such costs as District incurs for District staff to investigate and monitor the Water User's compliance with the terms hereof. SECTION V - ADMINISTRATION A. General. The provisions hereof shall be administered and enforced by the District through the General Manager, who may delegate such enforcement to one or more designees. As used in this Section VIII General Manager includes designees. B. Utility Accounts. Accounts shall not be established for new customers, including the transfer of accounts upon change of ownership, until the customer complies with the provisions of this ordinance. In pursuing the objectives hereof the General Manager shall seek the cooperation of other utility purveyors within the District's service area. To that end, the District will request that other utility purveyors not permit the establishment of new accounts until the customer complies with the provisions of this ordinance. C. Discretionary Exemptions - The General Manager may, in the exercise of discretion, exempt facilities from the provisions of this ordinance, or impose reasonable conditions in lieu of compliance therewith, if the General Manager determines that any of the following conditions exist: 1. Hardship. The requirements herein would cause an unnecessary and undue hardship upon the Water User, purchaser of the facility or the public. 2. Health and Safety. Strict compliance with the requirements of this ordinance would create an emergency condition affecting the health, protection or safety of the Water User or the public. -5- • 3. No Impact on Water Use. The granting of the exemption or imposition of reasonable conditions in lieu of compliance with the requirements herein would not increase the quantity of water consumed by the facility or otherwise adversely affect service to other existing water consumers. In granting any such relief the departure from the terms of this Ordinance shall be the minimum necessary to remedy the circumstances necessitating such departure. D. Appeals. Any Water User or applicant for water service may appeal any decision hereunder to the Board by filing a written appeal with the Clerk of the Board within 10 days from the date of the decision or application appealed from. The Board may, in its discretion, affirm, reverse, or modify the General Manager's decision and impose such conditions as it deems appropriate. SECTION VI - SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The Board hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at its duly held Adjourned Regular Meeting on the 7th day of May, 1990, by the following vote: AYES: Directors Mason, Onysko, Walker, Sinclair, Pierini NOES: None ABSENT: None ROBERT MASON, CHAIRMAN OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: �/� PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT -6- / • APPENDIX B ORDINANCE NO. 433 t Mir AN ORDINANCE OF SOUTH TAHOE PUBLIC UTILITY DISTRICT ESTABLISHING WATER CONSERVATION STANDARDS AN ADDENDUM TO ORDINANCE NUMBER 360 BE IT ENACTED, by the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT, County of El Dorado, as follows: SECTION I - FINDINGS A. The South Tahoe Public Utility District has engaged in a vigorous and ongoing program of conservation pursuant to the policy of water conservation and prohibition of water waste [California Constitution Article X, Section 2; California Water Code Sections 375 -377, 1009 and Appendix Sections 10015(13)]. B. It is in the public interest to prohibit the waste of water in order to conserve water supplies for the greatest public benefit and to protect and conserve the natural groundwater and surface water resources. C. The District's water supply is limited and recent changes in the regulations of competent governmental authorities may permanently reduce existing water supplies. The cost of developing ( additional water supply resources is significant. Water i bly conservation and the prevention of waste will avoid or reduce water shortage, save potentially unnecessary expense, and increase the efficiency of water production, storage, and distribution facilities. D. Water conservation and prohibition of water waste will reduce sewage effluent. E. Reducing sewage influent and the waste of water will reduce the cost of providing water and sewer services. F. The specific rules, regulations and restrictions established herein are necessary and proper to accomplishment of the ends set forth in these Findings. SECTION II - DEFINITIONS For the purpose of this Ordinance, the terms used herein are defined as follows: A. The District - The South Tahoe Public Utility District. B. The Board - The Board of Directors of the South Tahoe Public Utility District. C. General Manager - The General Manager of the South Tahoe Public Utility District. gible D. Water Users - Any person, firm, partnership, association, corporation, or political entity using water obtained from the South Tahoe Public Utility District. E. Waste - Any unreasonable or non - beneficial use of water, or any unreasonable method or use of water, including, but not limited to, the specific uses prohibited and restricted by this Ordinance, as hereinafter set forth. F. Water - Water supplied by the South Tahoe Public Utility District. G. Existing Residential Building - Any structure of human habitation occupied prior to the effective date hereof. H. Low Water Use Plumbing Fixtures includes all of the following: 1. Any toilet, urinal or other device which discharges no more than 1.6 gallons per flush, and incorporates American National Standards Institute standards. 2. Flow from lavatory faucets, sink faucets, and showerhead is not to exceed 2.75 gallons per minute, plus or minus ten percent tolerance, at water pressures up to 80 pounds per square inch. The words "3.0 gpm max ", the actual tested flow rate, or other conspicuous marking approved by the Executive Director of the -California Energy Commission shall be marked on the fitting or on a label attached to the fitting to show compliance with flow rate standards. 3. Any faucet aerator which discharges no more than 2.75 gallons per minute. The foregoing maximum flow rates are as established by American National Standards Institute. Low Water Use Plumbing Fixtures means all of the plumbing fixtures identified in this Subsection I. I. New Construction - Any structure that does not exist and for which plans are received by the District after February 21, 1991. J. Remodeling - Any construction activity which increases the living space under roof on a parcel and entails an expenditure in excess of $5,000. - 2 - I SECTION III - REQUIREMENTS FOR NEW CONSTRUCTION A. Effective February 21, 1991, Low Water Use Plumbing Fixtures are mandatory for all New Construction. These fixtures shall be installed and maintained and shall not be replaced with fixtures which allow greater water use. B. Remodeling - At the time of Remodeling, Low Water Use Plumbing Fixtures shall be installed in all buildings. These fixtures shall be installed and maintained and shall not be replaced with fixtures which allow greater water use. SECTION V - PROHIBITIONS OF WASTE No Water User shall waste any water. The following uses of water are specifically found and determined to constitute waste: A. The use of water for any purpose, including landscape irrigation, which consumes or for which there is applied substantial amounts of excess water beyond the reasonable amount required for such use, whether such excess water remains on the site, evaporates, percolates underground, goes into the sewer system, or is allowed to run off the property. Every Water User is deemed to have under his control at all times the water distribution lines and facilities, other than District facilities, ( through which water is being supplied and used, and to know the manner and extent of water use, including runoff. B. The excessive use, loss, or escape of water through breaks, leaks or malfunctions in the Water User's plumbing or distribution facilities. C. The use of spray -type sprinklers or other irrigation devices in such a manner, or under such weather conditions, as to permit or cause overspray beyond landscape materials. SECTION VI - ENFORCEMENT The District, its General Manager, and designated employees, have the duty and are authorized to enforce all provisions of this Ordinance. Each Water User is deemed to control the water used at his or her premises and to be responsible therefor. The imposition of costs in accordance with the terms hereof shall not preclude recourse by the Water User against the person or persons responsible for violation of this Ordinance. A. First Violation. For a first violation, the District shall issue a written warning to the Water User. - 3 - ( B. Second Violation. For a second violation, a surcharge shall be imposed equal to twenty -five percent (25%) of the immediately preceding Water User's bill at the premises where the violation occurred. C. Third Violation. For a third violation, a surcharge shall be imposed equal to fifty percent (50 %) of the immediately preceding Water User's bill at the premises where the violation occurred. In addition to the surcharge, the Board or the General Manager may require installation of a flow - restricting device on the Water User's service connection. D. Fourth Violation. For a fourth violation, the surcharge pursuant to Section Vii.C. hereof shall be imposed and the District shall discontinue forthwith water service to the Water User at the premises where the violation occurred. Reconnection shall occur only when there is practical protection against recurrence of violations such as a flow- restricting device on the Water User's connection. E. District Enforcement Costs. District shall be reimbursed for its costs in enforcing the provisions of this Ordinance, including such costs as District incurs for District staff to investigate and monitor the Water User's compliance with the terms hereof. Charges for installation of flow - restricting devices or for discontinuing or restoring water service, as those charges are ,, determined by the District, shall be paid by the customer. Those charges shall include such costs as District incurs for District staff to investigate and monitor the Water User's compliance with the terms hereof. SECTION VII - ADMINISTRATION A. General. The provisions hereof shall be administered and enforced by the District through the General Manager, who may delegate such enforcement to one or more designees. As used in this Section VII General Manager includes designees. B. Utility Accounts. Accounts shall not be established for new customers until the customer complies with the provisions of this ordinance. In pursuing the objectives hereof the General Manager shall seek the cooperation of other utility purveyors within the District's service area. To that end, the District will request that other utility purveyors not permit the establishment of new accounts until the customer complies with the provisions of this ordinance. - 4 - C. Discretionary Exemptions. The General Manager may, in the exercise of discretion, exempt facilities from the provisions of AleW this ordinance, or impose reasonable conditions in lieu of compliance therewith, if the General Manager determines that any of the following conditions exist: 1. Hardship. The requirements herein would cause an unnecessary and undue hardship upon the Water User, purchaser of the facility, or the public. 2. Health and Safety. Strict compliance with the requirements of this ordinance would create an emergency condition affecting the health, protection or safety of the Water User or the public. 3. No Impact on Water Use. The granting of the exemption or imposition of reasonable conditions in lieu of compliance with the requirements herein would not increase the quantity of water consumed or otherwise adversely affect service to other existing water consumers. In granting any such relief the departure from the terms of the Ordinance shall be the minimum necessary to remedy the circumstances necessitating such departure. The General Manager shall notify the Board of Directors of the General Manager's decision on any such applications. D. Appeals. Any Water User or applicant for water service may appeal any decision hereunder to the Board by filing a written appeal with the Clerk of the Board within 10 days from the date of the decision or application appealed from. The Board may, in its discretion, affirm, reverse, or modify the General Manager's decision and impose such conditions as it deems appropriate. SECTION VIII - SEVERABILITY A. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The Board hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. B. This Ordinance shall become an addendum to Ordinance No. 360. - 5 - Ordinance 433 i PASSED AND ADOPTED by the Board of Directors of the South fir Tahoe Public Utility District at its duly held Regular Meeting on the 21st day of February, 1991, by the following vote: AYES: Directors Sinclair, Mason, Pierini, Onysko NOES: Director Mosbacher ABSENT: None NAT ` NCLAIR, CHAIRMAN OF BOARD SOUT TAHOE PUBLIC UTILITY DISTRICT ATTEST Pf2k C "rn -:- 4 PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT lbw - 6 - APPENDIX C E ) Chairman SOUTH TAHOE PUBLIC UTILITY DISTRICT NAT SINCLAIR Sewer .1950 .ureter A PUBLIC AGENCY Directors P.O. Box 19487 • South Lake Tahoe, California 95706 -3487 ROBERT MASON Phone (916) 544 -6474 MARY LOU MOSBACHER 1275 Meadow Crest Drive FAX (916) 541 -0614 STEVEN J. ONYSKO July 5, 1991 LOU PIERINI Dear Property Owner: Thank you for your interest in replacing your existing toilet with an efficient, ultra low -flow fixture. The Utility District encourages you to take advantage of our REBATE program now! Here's how it works: • Any property owner should replace ( "retrofit ") their existing toilet(s) with ultra low -flow fixtures. The new toilet(s) shall use no more than 1.6 gallons per flush. The brand of toilet shall be at the discretion of the property owner. The method of installation, whether by a professional contractor, handyman, or property owner, shall be determined by the property owner. • When the retrofit is complete, the property owner will complete a simple Toilet Rebate Application. This can be accomplished by mail or in person at the District's Customer Service Office, 1275 Meadow Crest Drive, South Lake Tahoe. • A District Inspector will inspect the retrofit at the residence or business. • The Utility District will process a $75 per toilet rebate check to defray the cost of the water conserving toilet and its installation. The property owner can expect his /her check within four weeks of inspection. I am taking the liberty of enclosing a Toilet Rebate Application for your use. If you have already retrofitted your toilet fixtures, simply fill out the form and send /bring it to the District so we can schedule an inspection. The Utility District has funded $50,000 for this program for the budget year beginning July 1, 1991. The rebates will be handled on a first -come, first - se basis, while funding lasts. Thank you for your interest in this worthwhile program. Together we can reduce the amount of this precious resource, WATER, getting flushed down the drain. Sincerely, Diane M. Gilbert Public Information Enclosure • Toilet Rebate Application Owner Information I1 4 410, Property Owner's Name Property Address Account Number (APN) Owners Mailing Address Daytime Phone Number Owner Signature Property Information Property Class: II Single Family Dwelling El Multi - family Dwelling (check one) 0 Commercial U Gov't. /Recreational k illy Name of Business Physical Address • Number of Standard Toilets retrofitted to 1.6 ULF Water Account El Metered Acct. Rate Code Brand Model No. For Official Use Only Inspected by Date Accounting /Acct. Payable Date Accounting Code # 1 -4- 5026 -6661 Amt. $ Customer file Update Date Public Information Office Date 7/5/91 dg — -- Chairman SOUTH TAHOE PUBLIC UTILITY DISTRICT NAT SINCLAIR Sewer .1950 .Water A PUBLIC AGENCY Directors ROBERT MASON P.O. Box 19487 • South Lake Tahoe, California 95706 -3487 • Phone (916) 544 -6474 MARY LOU MOSBACHER 1275 Meadow Crest Drive FAX (916) 541 -0614 STEVEN J. ONYSKO LOU PIERINI October 4, 1991 Dear Business Owner /Manager: Thank you for your interest in replacing your existing toilet with an efficient, ultra low -flow fixture. The Utility District encourages you to take advantage of our REBATE program now! Here's how it works: • Any property owner should replace ( "retrofit ") their existing toilet(s) with ultra low -flow fixtures. The new toilet(s) shall use no more than 1.6 gallons per flush. The brand of toilet shall be at the discretion of the property owner. The method of installation, whether by a professional contractor, handyman, or property owner, shall be determined by the property owner. ♦ When the retrofit is complete, the property owner will complete a simple Toilet Rebate Application. This can be accomplished by mail or in person at the District's Customer Service Office, 1275 Meadow Crest Drive, South Lake Tahoe. ♦ A District Inspector will inspect the retrofit at the residence or business. ♦ The Utility District will process a $75 per toilet rebate check to defray the cost of the water conserving toilet and its installation. The property owner can expect his /her check within four weeks of inspection. I am taking the liberty of enclosing a Toilet Rebate Application for your use. If you have already retrofitted your toilet fixtures, simply fill out the form and send /bring it to the District so we can schedule an inspection. The Utility District has funded $50,000 for this program for the budget year beginning July 1, 1991. The rebates will be handled on a first -come, first - served basis, while funding lasts. Thank you for your interest in this worthwhile program. Together we can reduce the amount of this precious resource, WATER, getting flushed down the drain. Sincerely, Diane M. Gilbert Public Information i r r w„� Chairman _, + y .1 SOUTH TAHOE PUBLIC UTILITY DISTRICT NAT SINCLAIR Sewer .1950 .Water A PUBLIC AGEN Directors ROBERT MASON P.O. Box 19487 • South Lake Tahoe, California 95706 -3487 • Phone (9 t6) 544 -6474 MARY LOU MOSBACHER 1275 Meadow Crest Drive FAX (916) 547 -0614 STEVEN J. ONYSKO LOU PIERINI November 11, 1991 Busname" Address" Citystzip" Dear Business Owner /Manager: The District has initiated a toilet retrofit program in our area that could save you big money on reduced water bills. We are promoting the use of Ultra Low -flow toilets by subsidizing the cost of replacing old water guzzling toilets with modern, efficient ultra low -flow fixtures. Last spring we identified Busname"as a "high flow source" in the sewer collection system. Situp y, that means that your toilets are high gh,frequency flushers! We know that you can save thousands of gallons of metered water every month if you retrofit your existing toilets with ultra low flow fixtures. ULF toilets are a proven water saving measure recognized by the state of California as a "best management practice." We also know that the gallons saved will result in a reduction of flow to the treatment plant and a reduction in your water bill. This is a win /win situation. The Utility District encourages you to take advantage of our REBATE program now! Here's how it works: • Business owners replace ( "retrofit ") their existing toilet(s) with ultra low -flow fixtures. The new toilet(s) shall use no more than 1.6 gallons per flush. The brand of toilet shall be at the discretion of the property owner. The method of installation, whether by a professional contractor, handyman, or property owner, shall be determined by the property owner. • When the retrofit is,complete, the business owner will complete a simple Toilet Rebate Application. This can be accomplished by mail or in person at the District's Customer Service Office, 1275 Meadow Crest Drive, South Lake Tahoe. • A District Inspector will inspect the retrofit at the residence or business. • The Utility District will process a $75 per toilet rebate check to defray the cost of the water conserving toilet and its installation. The property owner can expect his /her check within November 11, 1991 Page two four weeks of inspection. ♦ You will see an immediate cost reduction on your water bill, possibly as much as thousands of dollars per year. ♦ There will be more water available for high demand periods during the summer that will benefit our entire business community. Also there will be less sewage flow to the plant which will also save ratepayers money. I am taking the liberty of enclosing a Toilet Rebate Application for your use. When you have retrofitted your toilet fixtures, simply fill out the form and send /bring it to the District so we can schedule an inspection. If you have any questions about the program or qualifying fixture models, please call me. The Utility District has funded $50,000 for this program for the budget year beginning July 1, 1991. The rebates will be handled on a first - come, first - served basis, while funding lasts. Please help us get ready for the high water demands of next summer. As an astute business owner and a concerned community member you will be making a wise decision to take advantage of our rebate program. Together we can reduce the amount of this precious resource, WATER, getting flushed down the drain. Sincerely, 0 1 ' 1 "/ ( Diane M. Gilbert Public Information Officer Enclosure • STATELINE ZONE High Frequency Flush Customers Business Name Toilets Urinals Denny's Restaurant 3 2 City Recreation Center 12 5 Lyon's Restaurant 3 1 Bowling Alley 5 2 HV Top of the Tram 15 Carlos Murphys 5 2 International House of Pancakes 3 1 Sizzler Restaurant 3 2 Greyhound Station 3 1 Brass Monkey 5 • Bob's Big Boy Restaurant 3 1 McDonald's Restaurant 2 0 Marie Calendar's Restaurant 4 1 Heidi's Restaurant 4 1 Tribune 5 1 Reagan Beach 6 1 Burger King Restaurant 3 1 Tahoe Fitness Center 6 3 Total 90 APPENDIX D ii • 3 x 3 - n - n -n T T - n -I V V V V V V -1 V j VI Vi 3 -1 O V) m .0 CD -4 U 4» t W N N— C 70 C - n r 70 m O -. OD O• is W N -• -. W W m T -i O cn r) 0 •.... - \ A 0 73 C T O A • D 3 3 3 3 x--.3 r m = i A - 0 r te - O Z --1 3 m m m m m N m C I r m C•-• A m m m -1 -4 --4 -i -4 _ •-$ 3 N w D 0 m X I •• -1 m m m m m rn m -. 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