Ordinance No. 469-99 - Superseded 1
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ORDINANCE NO. 469-99
An Ordinance of the South Tahoe Public Utility District
Amending-Ordinance No. 443
Establishing Water Shortage and Drought Response Standards
BE IT ENACTED, by the Board of Directors of the 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 Public Utilities Code section 16461 ]. The District Board
is considering an Ordinance amending the current water conservation standards.
B. In 1992, the District adopted Ordinance 443, Water Shortage and Drought
Response Standards, pursuant to its policy of water conservation and drought conditions
that existed at that time.
C. As a result of MTBE contamination of groundwater, the District has been
forced to discontinue use of a substantial number of the District's water wells.
D. The District has developed an interim groundwater supply study to address
the loss of its water supply sources caused by MTBE contamination and to plan for water
service to customers.
E. The ability of the District to meet water service needs of its customers has
been impaired at this time and it is necessary, in the absence of voluntary water
conservation measures by customers, for the District to adopt more stringent water
shortage and drought response standards to address potential water shortages, in the
interest of public health, safety and welfare, depending upon water availability.
F. The specific provisions of this Ordinance are necessary and proper to
conserve water resources and minimize cost to the District and expense to its customers
associated with the loss of water supply sources.
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B.
C.
District.
D.
SECTION II - DEFINITIONS
For purposes of this Ordinance, the terms in this Section are defined as follows:
The District - The South Tahoe Public Utility District.
The Board - The Board of Directors of the South Tahoe Public Utility District.
General Manager - The General Manager of the South Tahoe Public Utility
Water Users - Any person, firm, partnership, association, corporation, or
political entity using water supplied by 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 of this
Ordinance, either does not exist or does not have a certificate of occupancy from the
appropriate governmental entity.
SECTION III - WATER CONSERVATION STAGES
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. 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 3.
A. StaRe 1 - Normal Conditions. During a Stage 1 - normal conditions, when there is
an adequate Water supply, Water Users shall not waste Water and abide by the
following:
1. Water Users shall not allow Water to flow from their property onto impervious
surfaces or adjacent property.
2. Water Users shall repair all leaks in plumbing and irrigation systems.
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3. Hoses shall not be used for washing motor vehicles without a 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 premises 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.
4. All Water Users are encouraged to report to the District all signs or
indications of water leaks or water waste.
5. The use of Water to irrigate non-landscaped, natural vegetation or
undeveloped property is prohibited unless necessitated by fire prevention
considerations in cases of severe fire danger.
StaRe 2 - Minor Water Supply Shortage. During a Stage 2 - minor Water supply
shortage, Stage 1 restrictions apply, and also the following shall apply:
1. Lawn and landscape irrigation shall be permitted between 7:00 p.m. and 7:00
a.m. only, except for lawns planted within thirty (30) days of commencement
of Stage 2, except that the Board of Directors may permit extended hours of
irrigation of public facilities pursuant to Section V.C., below, provided,
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 or soaker-type irrigation system is used.
2. Water shall not be used to wash sidewalks, driveways, parking areas, tennis
courts, patios or other paved areas, except to alleviate immediate fire or
sanitation hazards.
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3. All commercial establishments where food or beverages are provided shall
serve water to their customers only when specifically requested by the
customer.
Sta.qe 3 - Severe Water Supply Shortage. During a Stage 3 - severe water
shortage, Stages 1 and 2 restrictions shall apply, and also the following shall apply:
1. Irrigation is prohibited on weekends. Designated irrigation days shall be
established which require houses whose street addresses end with an even
number to irrigate on even-numbered weekdays of the month; and require
houses whose street address end with an odd number to irrigate on odd
numbered weekdays of the month. In months of more than thirty (30) days,
no irrigation shall be permitted on the thirty-first (31 st) day. The Board of
Directors may permit an exemption for public facilities pursuant to Section
V.C.
2. The filling with water of outdoor swimming pools which are not covered
during periods of non-use is prohibited.
3. The operation of any ornamental fountain or similar decorative water
structure is prohibited unless a recycling system is used and a notice to the
public of such recycling system is prominently displayed.
Stage 4 - Critical Water Supply Shortage. During Stage 4 - critical Water supply
shortage, Stages 1, 2, and 3 restrictions apply, and the Board may designate
specific areas for further restrictions as follows:
1. Outdoor irrigation of all Vegetation including lawns and landscaping is limited
to once per week, except more frequent irrigation of public facilities may be
permitted pursuant to Section V hereof.
2. No water shall be used for irrigating landscaping 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, as determined by the District or other government entity
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with appropriate jurisdiction.
E. Stage 5 - Water Emergency. During a Stage 5 - Water shortage emergency, Stages
1, 2, 3, and 4 restrictions apply and the Board may designate specific areas for
further restrictions as follows:
1. The use of water for other than domestic and commercial use is prohibited
except irrigation of public facilities may be permitted pursuant to Section V.C.
2. The use of water for dust or dirt control, grading and road construction
purposes is prohibited.
3. The use of water for flushing of fire hydrants, except for emergency
purposes, as determined by the District or other government entity with
appropriate jurisdiction, 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 General Manager, and other District authorized representatives have the duty
and are authorized to enforce all provisions of this Ordinance.
A. First Violation. For a first violation within one year, the District shall issue a
written warning to the Water User.
B. Second Violation. For a second violation within one year, a fine of $100 shall
be added to the Water User's bill at the premises where the violation occurred.
C. Third Violation. For a third violation within one year, a fine of $200 shall be
added to the Water User's bill at the premises 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.
D. Fourth Violation. For a fourth and any additional violations within one year,
a fine of $500 shall be added to the Water User's bill at the premises where the violation
occurred and the District may discontinue the Water User's water service at the premises
where the violation occurred in accordance with District procedures. Reconnection shall
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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 in the District's
discretion.
E. District Enforcement Costs. District shall be reimbursed for its costs
expenses in enforcing the provisions of this Ordinance including such costs as Dis
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 orfor discontinuing
or restoring water service, as those charges are incurred by the District, shall be added to
the Water User's bill at the premises where the enforcement costs were incurred.
SECTION V - ADMINISTRATION
A. General. The provisions of this Ordinance 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.
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 of this Ordinance 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
Ordinance.
C. Discretionary Exemptions. The Board may, in its discretion, exempt Water
Users and individual facilities of Water Users from the provisions of this Ordinance, or
~mpose reasonable conditions in lieu of compliance with this Ordinance, if the Board finds
that any of the following conditions exist:
1. Hardship. The requirements of this section would cause an
unnecessary and undue hardship upon the Water User, the Water
User facility or the public.
2. Health and Safety. Strict compliance with the requirements of this
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Ordinance 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.
3. No Impact on Water Use. The granting of the exemption or imposition
of reasonable conditions in lieu of compliance with this Ordinance
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 Ordinance
shall be limited to the minimum necessary to address the
circumstances upon which such departure is required by a Water
User.
D. Appeals. Any Water User for water service may appeal any District action or
decision pertaining to that Water User under this Ordinance to the Board by filing a written
appeal with the Clerk of the Board within 10 days from the date of the action or decision.
The Board may, in its discretion, affirm, reverse, or modify any District action undertaken
pursuant to this Ordinance.
SECTION VI - SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance, in whole or any part, is for any reason held to be invalid, such holding shall not
affect the validity of the remaining portions of this Ordinance or any part thereof. The Board
declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause, or phrase, in whole or any part, irrespective of the fact that any one or
more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be
declared invalid.
PASSED AND ENACTED by the Board of Directors of the South Tahoe Public
Utility District at its duly held Adjourned Regular Meeting on the 20th day of May, 1999, by
the following vote:
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ATTEST:
AYES: Directors ~allace,
NOES: None
ABSENT: Director iaosbacber.
8trohm,
Kathy Sharp,j~tlerk~f the Boar4t
and Ex-Offic.~Secreta~
South Tahoe Public Utility District
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Jones, Gochnauer.
~dent
ySouth Taho~lFublic Utility District
AFFIDAVIT OF POSTING
State of California
)
)ss
)
County of E! Dorado
I, t O '- - ....... being first duly sworn, deposes and says'
That for and on behalf of the Clerk of Board of the SOUTH TAHOE
PUBLIC UTILITY DISTRICT, affiant posted copies of
in form attached hereto and by reference made a part hereof, in four (4) public
places in the District as follows:
City of South Lake Tahoe
Administration Building
South Lake Tahoe, CA
Al Tahoe Post Office Station
South Lake Tahoe, CA
Tahoe Valley Post Office Station (Y area)
South Lake Tahoe, CA
19
4. Tahoe Paradise Post Office Station
South Lake Tahoe, CA
That said posting was completed on the ~_~_~l-~
day of
Sing ned by'
Subscribed and sworn
to me this~~
day of ~'
19qfl ~
Cler~, of th.~oar~l ~
SOUTH TAHOE PUBLIC UTILITY DISTRICT
BEIT~NACTED,'b~'the:Board of ,lractors'of' e
Tahoe public Utility Di~ '~C~nt~ of El,Dorado 'as follows: ~, ~
: :; ~ ;~=~ :~:.?*:~! ! SECTION I ~, FINDINGS ..... .~ ~
A.:,;~e Sol'th Tah0e:pUOii~Utli{~ District has engage(~ ina
vigorous ahd Ring sram pf;~s~rvation pursuant to the
policy of water conserVatiOn and prOhibitiOn of water waste
[Cal~°rnia .ConStitution Artic!e X~Sectlon 2; california Water~: ;~.~.~'~:
Code Sections 375,377,'1009 ahdPublic Utilities Code section'
~customers, for t~
age'and drdu~ht 'i'ee'p6nab 'stahdards to address potential
water shortages -in the Interest of public ~ealth safety and wel-
fare;'dependthg'upon~water availability. ~ ' ' ' an
F..T, he specific provisions of this Ordinance are nece ,ssary and . even~ ~umber-t0 Ir, rigate on evan-.numbered tion of other utility purveyors within the District's service area·
prc~r to'c0nserve ,~,ster resources and minimize costs to the,, ~ ,. ,~ .,.,~,wse~kdayepf the month and. require houses :. ~:~,The D!strtct ~wifi request that_other utility purveyors not permit
District add expanses to its customers ~ssoci~,ted with the Ios~ ' ' whose street address end with an odd qumber~ ~e ~establish.me~nt ~f new aCC°unts until the customer complies
of water supply ~oumes.'..::~.., . ~.:,,-~. .... :,, . ~.~ ~ ~ ~, to Irrigate 0p~odd nUmbered weekdays ~f the., ,.~,~ ~:Wlth the provisions of this 0 ,rdlnance."~-¥~
' .: ' ' ~ ~onth n"m~nth~ of m~:e than th i:ty (30) days : :' ; C. Di~cretlonarV Exemution.' The Board may, In Its
· -¢~.~ SECTION II; DEFINITIONS ' no Ir~lg~,;li~n ~h~li b~ permitted on ~e thi~:first ,' .·, disci;etion, 'exempt Water Users and individuals facilities ~of
· ' . (31st) day. The Board of Directors may permit .' Water users from the p~visions of thls Ordinance, or impose
For purposes of this Ordinance, the terms in this Section are an exemption for public facilities pursua~)t to .... reasonable conditior)s .i~ lieu of compliance with this
defined as follows: - ', .,.;, ~ , ~Section V.C..~;, , .. : ,,:,.,r.~,, . . Ordinance, if the Board finds that'any Of the following condl-
· A. The District- The South Tahoe Public Utility ~.~ ,' 2. :The filling witl~ ~a, ter 0f outdoor sw mining pools tions exist: , c: ,. ~ ,.. .......
District.. ' ....'~hich ~re hot ~o~,e{.~)~ during I~riods Of non-use 1. Hardshio. Th~r~.q.J~remants of th~s section
B. The Board- The Board of Directors of the South : _ ~.,~ is proh blted ~j~:~ ~;,£~ ~,-~,'r ¥-~ ~ ,~: ~, ~ ~.~ .... , .... would cause an ~nnecessary and undue hard
Tahoe Pub ic Uti ity District.~., J ' ,:;:., .~ :. · .... : . :-: :. , ,: ,;' ":rl~e"~ra~io~ of '.~,~or~ame~tal f~)'unt~i~'or,:',~..'., -... ....... ',--,-~ah p upon the W~t'~r't~ser,~the Water User laclii-
C Genera aanaoer-The'Ge'nsm aana~ger of the ...... . ........... S[~ ar~l~.~.~{iv~'~a~el;'~t~tur6'l~'l~hibted'~,~'
South Tahoe Public Utility District. .. ..... unless a recycling system,is USgr. d ~ a notice .. .2. Health an~ Sa,e./. Str~ co...mpfian~ ?th [ha
D. Water Users- Any person, f tm, partnersh p, to the pub lc df Such recyc ng systemis'promi- ' .... requirements of this Ordinance wou~o create an
association, corporation;~ or'.political entity using .' '._ ., 'nentiydlsp!ayed ,'.~, .'~'<:.'.'. ''~' '.~. , emergency condition, asdeterm:'~edbytha
water supplied by the South Tahoe Public Utility District. D. st~oe 4 "-critical Wa~er Sub61~ 'Sho~acJe. During Board or other gover,,mental entity witl. aporo-.
· E. Waste- Any unreasonable or non-beneficial use Stage 4 -critical Water supply shortage, Stages 1, 2, and 3 j priate jurisdic,iun, affecting the heal'm, ;.rctection
of water, or any unreasonabl~ method or use of water, includo restrictions apply, ~nd~the E~rd .may designate specific areas ' i .or Safety ~of ~e Water User or thc public. ·
In{~, but not limited to the' specific uses prohibited and restrict- for further ~:estdctlon~ f011(~'~: ... ~ "'~' ' .... :'§.' NO Imoect on lf~'~Cer U~, T. ha gr~,nting of the '.
ed 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 of this Ordinance, either does not exist or does
not have a certificate of occupancy from the appropriate gov-
ernmental entity.
SECTION III - WATER CONSERVATION STAGES
No water user shall wsste..Water or make, cause,
or permit the use of Water for any purpose contrary to any pm-
wsion of this Section, or in quantities ~n excess of the use per-
mitted by the conservation stage in effect pursuant to this
Section. The conservation stage shall be determined by the
General Manager with regard to supply and demand of avail-
able water supplies, except that the Board shall determine any
conservation stage more restrictive than Stage 3.
A. Staoe 1-Normal Conditions- Dudng a Stage 1 -nor
mai conditions, when there is an adequate Water
Supply, Water Users shall not waste Water and
abide by the following:
1. Water Users shall not allow Water to flow from
their property onto impervious surfaces or adja-
cent property.
2. Water Users shall repair all leaks in plumbing
and irrigation systems.
3. Hoses shall not be used for washing motor vehi-
cles without a 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 premises of a commer-
cial car wash or service station. Further, such
washing is exempted from these regulations
where the health, safety and welfare of the pub-
lic is dependent upon frequent vehicle
cleanings, such as garbage trucks and vehicles
which transport food.
4. All Water Users are encouraged to report to the
District ali signs or indications of water leaks or
water waste.
5. The use ~,f Water to irrigate non-landscaped,
'1. Outdoor irrigation of all vegetation including
lawns and landscaping is limited to once per
week, except more frequent irrigation of public
facilities may be permitted pursuant to Section V
hereof,
2, No water shall be used for irrigating landscape-
lng 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, as determined by the
District or other government entity with appropri-
ate jurisdiction
E. Stage 5-Water Emeroency. During a Stage 5-
Water shortage emergency, Stages 1, 2, 3, and 4 restrictions
apply and the Board may designate specific areas for further
restrictions as follows:
1. The use of water for other than domestic an~
commercial use is prohibited except irrigation of
public facilities may be permitted pursuant to
Section V.C. ·
2. The u~e of water for dust or dirt control, grading
and read construction purposes is prohibited.
3. The use of water for flushing of fire hydrants,
except for emergency purposes, as determined
by the District or other government entity with
appropriate jurisdiction, is prohibited.
4. The use of water for air conditioning purposes,
where an alternate source of fresh air is avail-
- r~ eble,~ls prohibited.
SECTION IV - ENFORCEMENT
The General Manager, and other District authorized
representatives have the duty and are authorized to enforce ali
provisions of this Ordinance.
A. First Violation. For a first violation within one
year, the District shall issue a written warning to the Water
User. ~ ~ '
B. Second Wamino. For a second violation within
one year, a fine of $100 shall be added to the User's bill at the
premises where the violation occurred.
C. Third Violation, For a third violation within one
year, a fine of $200 shall be added to the Water User's bill at
exemption or impo~tio, or reaso?al~e ~on.:li-
; tions in lieu of compliance with this Ordinance
would no increase the quantity of~w'er
sumed by the Water User or othe~vise ad~rse
ly affect service to o'[h'er Water User.= IF~grant
lng any such relief th£ departure from the
requirements of this Ordinance shall be limited
to the minimurr, necessary to address the cir-
cumstances upo? which such departure is
required by a Water User.
D, Appeals. Any water User for water service may
appeal a~y District action or decision pedaining to that Water
User under this Ordinance to the Board by filing a written
appeal with the Clerk of the Board within 10 days from the date
of the action or decision· The Board may, in its discretion,
affirm, reverse, or modify any District action undertaken pur-
suant to this Ordinance.
SECTION VI - SEVERABILITY
If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, in whole or any
part, Is for any reason held to be invalid, such holding shall not
affect the validity of the remaining portions of this Ordinance or
any part thereof. The Board declares that it would have passed
each section subsection, subdivision, paragraph, sentence,
clause, or phrase, In'whole or anypart, rrespective Of the fact
that any one or more sections, subsections, subdivisions, para-
graphs, sentences, clauses or phrases be declared invalid.
~PASSED AND' ENACTED ~b~ the ~Boar~ of
Directors of the South Tahoe Public Utility District at its duly
held Adjourned Regular Meeting on :the 20th day of May, 1999
by the following vote:
AYES: Directors Wallace, Strohm, Jones,
Gochnauer.
NOES: None
ABSENT: Director Mosbacher.
/s/James R. Jones, President
South Tahoe Public Utility District
A-FI'EST#s/Kathy Sharp, Clerk of the Board
and Ex-Officio Secretary
South Tahoe Public Utility District
TDT May 31, 1999