Ordinance No. 487-041
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ORDINANCE NO. 487-04
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
SUPERSEDING ORDINANCE NO. 469-99 AND NO. 443 AMENDING
ADMINISTRATIVE CODE SECTION 3.4, ESTABLISHING
WATER SHORTAGE AND DROUGHT RESPONSE STANDARDS
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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 1999, the District adopted Ordinance 469-99, 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.
SECTION II - DEFINITIONS
For purposes of this Ordinance, the terms in this Section are defined as follows:
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B.
C.
District.
D.
The District - The South Tahoe Public Utility District.
The Board - The Board of Directors of the South Tahoe Public Utility District.
General Mana.qer - 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. Soils should be amended
appropriately for the soil conditions, type of vegetation, microclimates and conditions. With
proper lawn and garden maintenance and properly designed irrigation systems, watering three
(3) times per 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 groundwater. The General Manager with regard to supply and demand of available water
supplies shall determine the conservation stage, except that the Board shall determine any
conservation stage more restrictive than Stage 2.
A. Sta.qe 1 - Normal Conditions. During a Stage 1 - normal conditions, Water Users
shall not waste water and shall abide by the following:
1. Water Users shall not allow water to flow from over the ground surface or
from sprinklers onto impervious surfaces or adjacent property.
2. Water Users shall repair ail leaks in plumbing and irrigation systems.
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3. 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 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 are 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 expressly prohibited.
6. 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, unless the zone is irrigated exclusively by
drip of other Iow-flow irrigation systems.
7. Irrigation exclusively utilizing drip or other Iow-flow systems shall be exempt from
designated irrigation days.
8. An exemption shall exist under Stage 1 for new lawns planted to comply with the
Tahoe Regional Planning Agency's Best Management Practices (BMPs) or, for
any other reason as follows:
a. Newly planted sod will be exempt for forty-five (45) days from the date of
installation;
b. Seeded lawns, whether by hydro seed or other means, will be exempt for
sixty (60) days from the date of seeding;
c. Bedding plants, including annuals and perennials, will be exempt for
fifteen (15) days from the date of planting.
The property owner, or his/her designee, must notify the District verbally, or in writing, to obtain
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an exemption for the establishment of new vegetation as outlined above.
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9. The General Manager may permit extended periods of irrigation if:
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d. A hand-held hose with an automatic shut-off is used, or
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e. A hand-held, faucet filled bucket of five (5) gallons or less is used, or
4 f. A drip or Iow flow irrigation system is used, or
5 g. Daytime use of public facilities prevents irrigation of all zones on the
6 designated days indicated above.
10. Water shall not be used to wash sidewalks, driveways, parking areas, tennis
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courts, decks, patios, or other improved areas, except in conjunction with
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driveway repair and/or sealing, or to alleviate immediate fire or sanitation
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hazards.
10 11. All commercial establishments where food or beverages are provided should
11 encourage the serving of water to their customers only when specifically
12 requested by the customer.
13 B. Stage 2 - Siqnificant Water Shortage. During a Stage 2 - significant water shortage,
14 Stage 1 restrictions apply, and also the following shall apply:
1. The filling with water of outdoor swimming pools, which are not covered
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during periods of non-use, is prohibited.
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2. The operation of any ornamental fountain or similar decorative water structure
17 is prohibited unless a recycling system is used and a notice to the public of
18 such recycling system is prominently displayed.
19 3. Outdoor irrigation of all vegetation including lawns and landscaping is limited
20 to twice per week, one hour per zone - even numbered addresses shall
irrigate on Monday and Thursday and odd numbered addresses shall irrigate
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on Tuesday and Friday - except more frequent irrigation of public facilities
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may be permitted.
23 4. No water shall be used for irrigating landscaping for new construction.
24 C. Stage 3 - Water Emergency. During a Stage 3 - water emergency, Stages 1 and 2
25 restrictions shall apply, and the Board may designate specific areas for further restrictions as
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1. The use of water for other than domestic and commercial use is prohibited except
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irrigation of public facilities may be permitted.
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2. The use of water for air conditioning purposes, where an alternate source of fresh air
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4 SECTION IV - ENFORCEMENT
5 The General Manager, and other District authorized representatives have the duty and
6 are authorized to enforce all provisions of this Ordinance.
A. First Violation. For a first violation within one calendar year, the District shall
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issue a written warning to the Water User.
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B. Second Violation. For a second violation within one calendar year, a fine of $100
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for residential customers shall be added to the Water User's bill at the premises where the
10 violation occurred; for a second violation, within one calendar year, a fine of $500 for
11 commercial customers shall be added to the Water User's bill at the property where the
12 violation occurred.
13 C. 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 premises where the
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violation occurred; for the third violation, within one calendar year, a fine of $750 for
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commercial customers shall be added to the Water User's bill at the property where the
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violation occurred. In addition to the fine, the Board or the General Manager may require
17 installation of a flow-restricting device on the Water User's service connection.
18 D. Fourth Violation. For a fourth and any additional violations within one calendar
19 year, a fine of $500 for residential shall be added to the Water User's bill at the property where
20 the violation occurred; for a fourth violation, within one calendar year, a fine of $1,000 for
commercial customers shall be added to the Water User's bill at the property where the
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violation occurred. The District may discontinue the Water User's water service at the premises
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where the violation occurred in accordance with District procedure. Reconnection shall be
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permitted only when there is reasonable protection against future violations such as a
24 flow-restricting device on the customer's service connection as determined in the District's
25 discretion.
26 E. District Enforcement Costs. District shall be reimbursed for its costs and
27 expenses in enforcing the provisions of this Ordinance including such costs as District incurs
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for District staff to investigate and monitor the Water User's compliance with the terms of this
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Section. Charges for installation of flow-restricting devices or for discontinuing or restoring
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water service, as the District incurs those charges, shall be added to the Water User's bill at
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the premises where the enforcement costs were incurred.
4 SECTION V - ADMINISTRATION
5 A. General. The provisions of this Ordinance shall be administered and enforced by
6 the District through the General Manager, who may delegate such enforcement to one or more
7 employees or contractors of the District.
B. Utility Accounts. Accounts shall not be established for new customers, including
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the transfer of accounts upon change of ownership, until the customer complies with the
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provisions of this Ordinance. In pursuing the objectives of this Ordinance the General Manager
10 shall seek the cooperation of other utility purveyors within the District's service area. The
11 District will request that other utility purveyors not permit the establishment of new accounts
12 until the customer complies with the provisions of this Ordinance.
13 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 impose
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reasonable conditions in lieu of compliance with this Ordinance, if the Board finds that any of
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the following conditions exist:
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1. Hardship. The requirements of this section would cause an unnecessary and
17 undue hardship upon the Water User, the Water User facility or the public.
18 2. Health and Safety. Strict compliance with the requirements of this Ordinance
19 would create an emergency condition, as determined by the Board or other
20 governmental entity with appropriate jurisdiction, affecting the health, protection
or safety of the Water User or the Public.
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3. 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 Ordinance would not
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2.4 adversely affect service to other Water Users. in granting any such relief,
25 the departure from the requirements of this Ordinance shall be limited to the
26 minimum necessary to address the circumstances upon which such a Water
User requires departure.
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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-~ Regular Meeting on the 1st day of April 2004, by the
following vote:
AYES:
NOES:
ABSENT:
Directors Wallace,
None
None
Schafer, Joines, Comte, Mosbacher
Jcrn.,e~ R. Jones, ~ent
~/o45th Tahoe Pub~ Utility District
ATTEST:
Kathy Sha~lerk of the Bold'and
Ex-Officio Secretary of the Board of Directors
AFFIDAVIT OF POSTING
State of Califomia )
)ss
County of El Dorado )
~ I/~, being first duly sworn, deposes and says:
That for and °n"beh~lf of the Clerk of Board of the ,8..o~'r.H TAHOE
PUBLIC UTILITY DISTRICT, affiant posted copies of ~..J'cCI_ \~~\ C~~.n form
attached hereto and by reference made a part hereof, in four (4) publically accessible
locations in the Distdct as follows:
South Tahoe Public Utility District
1275 Meadow Crest Ddve
South Lake Tahoe, CA
Al Tahoe Post Office Station
1046 Al Tahoe Boulevard
South Lake Tahoe, CA
City of South Lake Tahoe
1900 Lake Tahoe Boulevard
South Lake Tahoe, CA
Black Bart Post Office Substation
1698 Black Bart Avenue
South Lake Tahoe, CA
That said posting was completed on the~'~h~
_ day of
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Subscribed and sworn
to me this ~:~ ~
day of /q.,D,'": ?
2o6
Cl'erk of fl~oard ~
SOUTH TAHOE PUBLIC UTILITY DISTRICT