588-24 Amending Administrative Code 3.4 Re Water Shortage Drought ResponseORDINANCE NO. 588-24
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY
DISTRICT AMENDING ADMINISTRATIVE CODE SECTION 3.4 REGARDING THE
WATER SHORTAGE AND DROUGHT RESPONSE STANDARDS AND REPEALING
PRIOR ORDINANCE #561-15 AND DELETING SECTIONS 3.1.56 AND 1.1.158
REGARDING WATERING EXEMPTION INSPECTION FEE.
Be it enacted by the Board of Directors of the South Tahoe Public Utility District, County
of El Dorado, State of California, as follows:
SECTION I - POLICY AND PURPOSE
The purpose of this Ordinance is to conserve water resources, minimize cost to the
District and expense to its customers, and follow California State water conservation regulations.
SECTION II — DEFINITIONS
For the purposes 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. Administrative Code — The compilation and codification of all of the
Administrative, Water and Sewer Ordinances of the District, which establish the
authority and the principles for the decisions of the District, and provide the
public with guidelines applicable to District operations.
D. CII Water Use - water used by commercial water users, industrial water users, and
institutional water users.
E. Commercial Water User - a water user that provides or distributes a product or
service.
F. Drip Irrigation System - an irrigation system designed to distribute water at
ground level, very slowly, on or toward plant life in order to promote growth and
conserve water.
G. Flow Restrictor — is a device which reduces pressure in the water supply pipe near
the water outlet while the faucet or water outlet is wipe open and flowing, thereby
limiting the amount of water passing through the faucet or water outlet.
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H. Institutional Water User - a water user dedicated to public service. This type of
user includes, among other users, higher education institutions, schools, courts,
churches, hospitals, government facilities, and nonprofit research institutions.
1. Irrigation System - a network of piping designed to distribute water on or towards
plant life to promote growth.
J. Watering Exemption Permit - means the permit issued by the District to allow a
customer to irrigate newly sodded lawns, newly seeded lawns or bedding plants in
excess of the District's outdoor irrigation schedule as provided in Section 3.4 of
the Administrative Code.
SECTION III — FINDINGS
The Board of Directors of the South Tahoe Public Utility District, El Dorado County,
State of California, makes the following findings:
1. Since the last major update of this ordinance, 20 years ago, the State of California
has signed into law multiple water conservation mandates: Model Wate Use Efficient Landscape
Ordinance, 20 by 2020 Water Conservation Plan; 2008, Urban Water Use Efficiency Standards;
2020, Emergency Drought Water Conservation Regulations; 2023; SB 1572 — Banning Irrigation
of Non -Functional Turf for Commercial Industrial and Institutional
2. Adding an additional water conservation stage creates a more stepwise approach
to the drought watering stages making it a smoother transition for customers if decreased water
use is mandated or necessary;
3. Transitioning drip irrigation to comply with designated watering days helps
prevent overwatering and decreases nutrient loading due to run off caused by overwatering;
4. Limiting irrigation hours decreases water loss incurred due to evaporation during
the hottest parts of the day that is caused by irrigating between 10 am-6 pm;
5. Limiting irrigation hours decreases peak day demand that occurs between 10 am —
6 pm decreasing stressing of the water system;
6. Limiting the number of watering exemptions prevents properties from requesting
multiple exemptions as a means to water continuously over the summer;
7. The repeal of prior 2015 Ordinance #561-15 and the deletion of Sections 3.1.56
and 1.1.158 of the Administrative Code regarding Watering Exemption Inspection Fee is in the
best interest of the District and its water and sewer customers, as customers can directly apply
for watering exemptions through an online portal.
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SECTION IV — WATER SHORTAGE AND DROUGHT RESPONSE STANDARDS
Administrative Code Section 3.4 shall be amended as follows:
Section 3.4 Water Shortage and Drought Response Standards.
3.4.1 Purpose. The specific provisions of this Section are necessary and proper to conserve
water resources and minimize cost to the District and expense to its customers.
WATER CONSERVATION STAGES
3.4.2 Water Waste Prohibited. No water user shall waste water or make, cause, or permit
the use of water for any purpose contrary to any provision of this Section, or in quantities in
excess of the use permitted by the conservation stage in effect pursuant to this Section. Soils
should be amended appropriately for the soil conditions, type of vegetation, micro -climates and
conditions. With proper lawn and garden maintenance and a properly designed irrigation
system, watering three times a week is sufficient. Landscape should be installed in a manner that
will reduce the amount of water needed for irrigation. Water for landscape should be applied in
a manner that optimizes the use of fertilizer by the landscape and should prevent fertilizer from
leaching into the ground water. The conservation stage shall be determined by the General
Manager with regard to supply and demand of available water supplies, except that the Board
shall determine any conservation stage more restrictive than Stage 2.
3.4.3 Stay 1 - Normal Conditions. During a Stage 1 - normal conditions, Water Users shall
not waste water and shall abide by the following.
a) Water Users shall not allow water to flow over the ground surface or from
sprinklers onto impervious surfaces or adjacent property.
b) Water Users shall repair all leaks in plumbing and irrigation systems.
c) Hoses shall not be used for washing motor vehicles without an automatic shut-
off nozzle attached to the hose. Continuous discharge from hose nozzle is
prohibited. Notwithstanding any provision in this Section to the contrary, motor
vehicles washing may be done at any time, subject to any other applicable laws,
on the property of a Commercial Car Wash or service station. Further, such
washing is exempted from these regulations where the health, safety and
welfare of the public is dependent upon frequent vehicle cleanings, such as
garbage trucks and vehicles which transport food.
d) All Water Users are encouraged to report to the District all signs or indications
of water leaks or water waste.
e) The irrigation of non -landscaped, natural vegetation or undeveloped property is
expressly prohibited.
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f) Designated irrigation days are established: Properties with street addresses
ending with an even number shall irrigate on Monday, Wednesday and Friday;
and properties with street addresses ending with an odd number shall irrigate on
Sunday, Tuesday and Thursday. There will be no irrigation permitted on
Saturday. An individual irrigation zone in a property's irrigation system shall
not irrigate more than one hour per day.
1) Operation of irrigation systems shall be discontinued and properly winterized
by November 1 st every year or earlier depending on temperatures.
2) Operation of irrigation system shall: (1) not occur between the hours of 10:00
AM and 6:00 PM, (2) not occur while it is raining or snowing and 48-hours
after measurable precipitation, and
(3) Not occur where the air temperature is less than 40 degrees Fahrenheit.
g) Irrigation utilizing a hand-held hose with an automatic shut-off shall be exempt
from designated irrigation days.
h) An exemption shall exist only under Stage 1 for new lawns and ornamental
vegetation planted to comply with the Tahoe Regional Planning Agency's Best
Management Practices (BMPs) or, for any other reason, as follows:
1) Newly planted sod will be exempt for twenty-one (21) days from the date it
was installed.
2) Seeded lawns, whether by hydroseed or other means, will be exempt for
thirty (30) days from the date of application.
3) Bedding plants, including annuals and perennials, will be exempt for fifteen
(15) days from the date of planting.
4) Vegetable gardens consisting of at least 75% edible plants shall be exempt
from designated irrigation days, with irrigation exclusively utilizing drip or
other low flow systems.
The property owner, or his/her designee, must notify the District verbally or in
writing to obtain exemptions for the establishment of new vegetation as outlined
above. A property may be approved for up to two exemptions per calendar year.
i) The General Manager may permit extended periods of irrigation of public
facilities if:
1) a hand-held hose with an automatic shut-off is used, or
2) a hand-held, faucet filled bucket of five (5) gallons or less is used, or
3) a drip or low -flow irrigation system is used, or
4) daytime use of public facilities prevents irrigation of all zones on the
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designated days listed above.
j) Water shall not be used to wash sidewalks, driveways, parking areas, tennis
courts, decks, patios or other improved areas, except in conjunction with
driveway repair and sealing, or to alleviate immediate fire or sanitation hazards.
k) All commercial establishments where food or beverages are provided -should
encourage the serving of water to their customers only when specifically
requested by the customer.
1) All residential and commercial landscaping associated with new construction or
new or rehabilitated landscaping at existing properties shall conform with the
requirements of the Model Water Efficient Landscape Ordinance, per California
Code of Regulations, Title 23, Division 2, Chapter 2.7 or applicable local
ordinances superseding the State ordinance.
m) The use of water in decorative water features that do not recirculate the water is
prohibited.
n) If a voluntary or mandatory evacuation is required for fire, the continuous use of
running irrigation is expressly prohibited.
o) Other restrictions may apply as mandated by regulatory requirements and may
supersede this section.
3.4.4 Stage 2 — Significant Water Shortage.,
horta e. During a Stage 2 — significant water shortage,
Stage 1 applies, and the following shall apply.
a) The filling with water of outdoor swimming pools, which are not covered during
periods of non-use, is prohibited.
b) Outdoor irrigation of all vegetation including lawns and landscaping is
limited to twice per week, no more than one hour per zone - even number
addresses shall irrigate on Monday and Thursday and odd number addresses
shall irrigate on Tuesday and Friday - except more frequent irrigation of public
facilities may be permitted pursuant to Section 3.4.3(h) and 3.4.15.
c) Water used for irrigating landscaping associated with new construction or new or
rehabilitated landscaping at previously improved properties shall be limited to
new or rehabilitated landscaping planted to comply with a Tahoe Regional
Planning Agency (TRPA) permit requirement. The Owner, or his/her designee,
must request permission from the District in writing for the establishment of new
vegetation, and may not proceed with work until written approval has been
received from the District.
d) Spray irrigation is prohibited in narrow landscape areas and medians less than 10
feet wide to minimize run off.
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3.4.5 Stage 3 — Water Emergency. During a Stage 3 — water shortage emergency, Stages 1
and 2 and the following shall apply.
a) Landscape irrigation is restricted to one day a week. Even addresses on Tuesday
and odd addresses on Friday — except more frequent irrigation of public facilities
may be permitted pursuant to Section 3.4.3(h) and 3.4.15.
b) No new sod or lawns shall be installed during summer months (June, July, and
August), or during non -summer months when daytime temperatures exceed 80
degrees Fahrenheit.
c) The application of water for decorative water features is prohibited.
3.4.6 Stage 4- Catastrophic Water Shorts e. During a Stage 4 — catastrophic water
shortage, Stages 1, 2 and 3 and the following shall apply. The Board may designate specific
areas for further restrictions as follows.
a) The use of water for other than domestic and commercial use is prohibited
except irrigation of public facilities may be permitted pursuant to Section 3.4.15.
b) The District may implement mandatory water rationing.
ENFORCEMENT
3.4.7 Enforcement. The General Manager, and other District authorized representatives have
the duty and are authorized to enforce all provisions of this Section 3.4.
3.4.8 First Violation. For a first violation within one calendar year, the District shall issue a
written warning to the Water User.
3.4.9 Second Violation. For a second violation within one calendar year, a fine of $100 for
residential customers shall be added to the Water User's bill at the property where the violation
occurred; for the second violation within one year, a fine of $500 for commercial, industrial, and
institutional customers shall be added to the Water User's bill at the property where the violation
occurred.
3.4.10 Third Violation. For a third violation within one calendar year, a fine of - $250 for
residential customers shall be added to the Water User's bill at the property where the violation
occurred; for the third violation within one year, a fine of $750 for commercial, industrial, and
institutional customers shall be added to the Water User's bill at the property where the violation
occurred. In addition to the fine, the Board or the General Manager may require installation of a
flow -restricting device on the Water User's service connection.
3.4.11 Fourth Violation. For the fourth and any additional violations within one calendar
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year, a fine of $500 for residential customers shall be added to the Water User's bill at the
property where the violation occurred; for a fourth and any additional violations within one year,
a fine of $1,000 for commercial, industrial, and institutional customers shall be added to the
Water User's bill at the property where the violation occurred. The District may also discontinue
the Water User's water service at the property where the violation occurred in accordance with
District procedures. Re -connection shall be permitted only when there is reasonable protection
against future violations, such as a flow -restricting device on the customer's service connection,
as determined at the District's discretion.
3.4.12 District Enforcement Costs. District shall be reimbursed for its costs and expenses in
enforcing the provisions of this Section 3.4, including such costs as District incurs for District
staff to investigate and monitor the Water User's compliance with the terms of this Section.
Charges for installation of flow -restricting devices or for discontinuing or restoring water
service, as the District incurs those charges, shall be added to the Water User's bill at the
property where the enforcement costs were incurred.
ADMINISTRATION
3.4.13 General. The provisions of this Section 3.4 shall be administered and enforced by the
District through the General Manager, who may delegate such enforcement to one or more
employees or contractors of the District.
3.4.14 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 Section 3.4. In pursuing the objectives of this Section 3.4 the General Manager shall seek
the cooperation of other utility purveyors within the District's service area. The District will
request that other utility purveyors not permit the establishment of new accounts until the
customer complies with the provisions of this Section 3.4.
3.4.15 Discretionary Exemptions. The Board may, in its discretion, exempt Water Users and
individual facilities of Water Users from the provisions of this Section 3.4, or impose reasonable
conditions in lieu of compliance with this Section 3.4, if the Board finds that any of the
following conditions exist:
a) Hardship. The requirements of this Section would cause an unnecessary and
undue hardship upon the Water User, the Water User facility or the public.
b) Health and Safety. Strict compliance with the requirements of this Section 3.4
would create an emergency condition, as determined by the Board or other
governmental entity with appropriate jurisdiction, affecting the health,
protection or safety of the Water User or the public.
a) No Impact on Water Use. The granting of the exemption or imposition of
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reasonable conditions in lieu of compliance with this Section 3.4 would not
increase the quantity of water consumed by the Water User or otherwise
adversely affect service to other Water Users. In granting any such relief, the
departure from the requirements of this Section 3.4 shall be limited to the
minimum necessary to address the circumstances upon which such departure is
required by a Water User.
3.4.18 Appeals. Any customer or applicant for a variance permit may appeal any decision
under this Section 3.4 in accordance with Section 6.7.
REQUIREMENTS FOR NEW CONSTRUCTION
3.4.19 Mandatory Fixtures. Low water use plumbing fixtures are mandatory for all new
construction and any remodeling which involves the installation of new or additional plumbing
fixtures. The low water use plumbing fixtures installed pursuant to this Section 3.4.18 shall not
be replaced with fixtures which allow greater water use.
SECTION V — REPEAL ALL PRIOR ORDINANCES AND DELETE SECTIONS 3.1.56
AND 1.1.158 OF THE ADMINISTRATIVE CODE REGARDING WATERING
EXEMPTION INSPECTION FEE
Ordinance No 561-15 relating to Watering Exemption Inspection Fee is repealed and
Sections 3.1.56 and 1.1.158 of the Administrative Code are deleted.
SECTION VI — ADD AND UPDATE DEFINITIONS OF ADMINISTRATIVE CODE
The following definitions shall be added alphabetically to Section 1 of the Administrative
Code and the affected existing provisions shall be renumbered accordingly:
"Industrial Use" shall have the meaning assigned to it by the California Code of Regulations,
Title 23, Section 665.
"Nonfunctional turf' means any turf that is not functional turf, and includes turf located within
street rights -of -way and parking lots.
"Potable water" means water that is suitable for human consumption.
"CII water use" means water used by commercial water users, industrial water users, and
institutional water users.
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"Commercial water user" means a water user that provides or distributes a product or service.
"Institutional water user" means a water user dedicated to public service. This type of user
includes, among other users, higher education institutions, schools, courts, churches, hospitals,
government facilities, and nonprofit research institutions.
SECTION VII — SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance and its implementing rules and regulations is for any reason held to be
unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance or the Administrative Code. The Board of Directors declares and determines that
it would have passed section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof of this Ordinance and its implementing rules and regulations and the Administrative
Code irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid.
SECTION VIII — EFFECTIVE DATE
This Ordinance amending the above referenced section of the Administrative Code shall
take effect thirty days after its passage.
PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility
District at its duly held regular meeting on the 15th day of February, 2024, by the following vote:
AYES: Haven, Romsos, Sheehan, Exline
NOES: Peterson
ABSENT:
Dam d Peterson, President
South Tahoe Public Utility District
ATTEST: ��
Melonie Guttry, CI rk of the B and
South "Tahoe Public Utility District
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