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Ordinance No. 433ORDINANCE NO. 433 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 E1 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 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 Manaqer - 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, as hereinafter set forth. F. Water - Water supplied by the South Tahoe Public Utility District. G. Existing Residential Buildinq - Any structure of human habitation occupied prior to the effective date hereof. H. Low Water Use Plumbing Fixtures includes all of the following: Any toilet, urinal or other device which discharges no more than 1.6 gallons per flush, and incorporates American National Standards Institute standards. 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. 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. Remodelinq - Any construction activity which increases the living space under roof on a parcel and entails an expenditure in excess of $5,000. 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. 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 this ordinance, or impose reasonable conditions in lieu of compliance therewith, if the General Manager determines that any of the following conditions exist: Hardship. The requirements herein would cause an unnecessary and undue hardship upon the Water User, purchaser of the facility, or the public. 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. 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 PASSED AND ADOPTED by the Board of Directors of the South 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 ~INCLAIR, CHAIRMAN OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT - 6 - STPUD AFFIDAVIT OF Row 19487 SLT, CA. 95705-3487 PUBLICATION Ordinance ~433 STATE OF CALIFORNIA County of El Dorado I am a citizen of the United States and a resident of the County foresaid; I am over eighteen yo~, a~d not a part to or Interested In the above entitled matter, I am the principal clerk of the printer of the printer of The Tahoe Daily Tribune a newspaper.of general ckculation, prlnted and. published Sunday through Friday In the City of South Lake Tahoe, County of El Dorado, and which newspaper h~ been adjbdged a newspaper of general circulation by.the Superior Court of the County of.El Dorado, Sta'te of C~.lifornla u~der the date of March 6, 1.970 C~.se Number 1856,9, that the notice of which the ~nexed Is a printed copy (set In type not smaller than nonparell), has been published In each regular and 'entire issue of said newspaper and not tn any. supplement thereof on the following dates, to wit: H'arch 8 all In tho yo~.r, of: 1991 I codify (or declare) under penalty, that tho foregolng is true and correct. Dated at South Lake Tahoe CaJifornla, th~ .' 8 date/,of . 19 91 WATER CONSERVATION STANDARDS ANON, DUM TO ORDINANCE N~R360 ' 8E IT :ENAC~D, by the ~rd of Directors of S~3UTH TAF~AHOE PUBLIC UTILITY :'~18~Rl~T,,,,'~ty Of El Dora~ A" SECTION I- FINDINGS ' The South Tahoe Public Util!~ Ois~ct ~ engaged in ~, vigoJ~us :and ongoing pro- ~Of ConSe~vatioh pursuant v~tion ~d ~t~ ~f wamr ~ste (O~t~ ConstitUtion ..~X, 8~m' 2; Oalifornia ~feJei' ~~ 37!~.G77. dOG9 and AppemJix Sections ~btl~it the waste of' water .in ~et!~ cons~e water sup. :~,~,ea.~ the greatest public :~'qa~,d. '. :{0~ protect and' ~n~rve,~: ratuml :~tet 'ahd ~Urteoe water re- ~ ~ regu!e.~s 0f competent ~6tal 'aunties 'may J;~?rmanently ~:.e~sltng ~te~LaUl~lies, The cost of .~ek~n~g ~ ~ti~ water water conservation and the ?evention of waste will avbld ~ redUCe water shortage Save I:~tenCall¥ unnecessary ex~, and i~ase ;~e fi¢~ of water :production, storage, and distribution faciti- ; W~e~ ~"~ and ~f water waste will [.~e. of the South T,hOe ul~ic Utility District. . C. General' Manager - The D. Water Users - Any person, firm, I~affnership ae,~latio~, .~o~3ratten, er political enliiy U~?lng water Obtained from c~outn Tahoe. Public Utility District. E. Waste - Any unreasonable or non-benefiCial u~e of wate~r, or any unreasonable me~.~xi or use of water, Including, but not flmited to, [he specific prohibited and restricted b/ this Ordirance 'as hemlnafl~ set forth.- F. Water. Water e ,u,I.;~l. led by the South Tahoe Pubhc Ul[tfit~, District. G. Existing Residential Build. ing- Any structure of human h.a. blta~n OCCupied prior.to the effective date hereof. H. Low Water Use Plumbing Fixtures includes all of the ~ lowing: 1. Any t~ilet; urinal or other mdevice which discharges no ore ~han 1.6 gallons per flush, and Incomomtes ArnO; ~ N~onal Stana~rds stitu~,~tandards. 2. Flow ~rom lavato~/faa3em, sink faucets, and is riel to exceed 2.75 ~ per minute, plus or minu. ten percent tolerance: at Water square 2.75 A. 21, 1~1. LoW ¥ lng Ftxtu~m~ are all New Construction, These fixtures shall be fnatalied and maintained and shall not be replaced with fixturel' which allow grdater water t,tse. B. Re~ncdeling. At the time of Remodeling, [ow Water Use Plumbing I~ixtures shall be in- stalled In all build ngs These · f xtures shall be Installed and maintained' and shall rot be rep{aced 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 ~secifically found. eno aetermined to constitute waste,* A The use of water .for any purpose, including rtaildscepe irrigation, which Eonsumes or for which there is applied substantial amount of. excess water beyond the reasonable amount required for such use,' whether s~sh excess water remains on the site, evapomteS~ percolates under- s,/~tem, O? is allowed to run off User is deemed, to have Under his contn3l at all. tinms the water clts~ribution ~ea told fa- dl ties, other than District facil- ities, th?OUOh which water is being Suppled lind: used, and to kn~v the ma~ and ex- ten! of water use, including runoff. B. The excessive use, IceS, or eke, eeks or malfunctions in the Water User's plumbing ord C. P. O. Box 1358 South Lake Tahoe, CA 95705 Phone (916) 541-3880 or (702) 831-2344 Water tr~l a-wHiten warning to. the Water User. ' · B. Second V~otation..Fora SeCond violation, a Surcharge ~hall be impce~d equal to tWenty.five percent~ (25%) of ~ immediately prea~ing Water User's bill at~- th~ promises where the violation occurred. C~ Third Violation. FOr a third violation; a aumharge shaft be ~ imposed equal to fifty percent (60%) .of .the .immediately preceding water User's bill at the premises. Whets .the vie. lation occurred. In addition to the surcharge, the Board er · tl3e General ~ar may re- Claire installa~n b! a hOW- restricting device' on'the Water User's sewice~nneotion. D. Fourth :For a fourth violatldt~;'the suPcharge pursuant to Section Vii.C. hereof shall be imposed and the District "shall diSCOntinue forthwith v~tar service to the 5.Water user at the premisas :' where the violation occurred. Reconnection shall occur only when thee ts pracdcal protec- tion a~ m~urree~e of vio- lations such as a flow-metric- the Water mfor · of for customer. include costs incurs inC~s dosignoes, B, Utility Acmuflm~ ~flm S~l not · ~ custome~ tomer complies with the ~avi- aeons of lhis;ordinmlce~ In Pur- Suing ~ o~s ~ the ene~ the cooporaaon ~ other Utility ~eyors within the District's service area. To that end the Diab'lct will reque~t that other udlitypuweyore not permit establishment of new accounts until the customer mml~tes with the provisions of this oralS. C. DisCretionary Exemptions. The General Manager may, in ~ exercise of discretion, ex- ~t f~,tias ' siOnc Of this q!,~4nance, or im- pose reasonable conditions in lieu ~ or 3, I Irrlpact on Wa~ Use. The granting of the ex~ .or imla:mllton of reas~e conditions in lieu of com- pliance with ~he.requtrements herein wOUl~F ~ ~ease the o~ a~affect set. cofli~ulllere; .: · In Orenltno any SUCh relief th~ .d~m ~he terms of t~.,:~nan~ :the ~um necessary to remedy .m, c~mStances neoae~tating The General notif is f~ nen~ or s Board tha~ it would hay, tion, par~.gm~, sentence; clause, o.r ~ thru, eof, irre~pective o! aUbdivJeiorte; I~lra~raphs sen~, clauses or phmse~ ; ~a Ordinance shall become an addendum to Or- dinenoe No. 360. PASSED AND ADOPTED by the BOard of Directors of the South Tahoe Public Utility District at its duly' held Regular Meeting on the 21st day of Februa~/, ~091, by the foj~v. ingvote: AYES: Directors Sinclair, MaSon, Pierini, orty8ko S NT:None' : SOUTH.. TAHOE PUBLIC UTIL~ DISTRICT Pub/ishers of the Tahoe Daffy Tribune, North Lake Tahoe Bonanza, Lake Tahoe Bonanza, Tahoe Action This Week, High Sierra TV Scene