HomeMy WebLinkAboutE-2.1. Water Rule 21 Amendment ReportUB-107
APPROVED
UTILITY BOARD
4/27/15
UB-108
RESOLUTION NO. UB-7-2015
A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF
THE CITY OF AZUSA, CALIFORNIA, TO AMEND WATER RULE
NO. 21, WATER CONSERVATION
WHEREAS, Water Rule No. 21 was adopted via Resolution No. 08-C82 as part of Azusa
Light & Water Rules and Regulations effective September 1, 2008, with certain amendments
thereafter; and
WHEREAS, On April 1, 2015, Governor Brown issued an Executive Order mandating
that the State Water Resources Control Board impose a 25% state-wide reduction in urban water
usage from a 2013 baseline; and
WHEREAS, On April 18, the State Water Resources Control Board issued draft
regulations for implementing the Executive Order, which included a tier system for water
reduction targets by water agency ranged from 8% to 36%; and
WHEREAS, Azusa Light and Water must reduce water production by 20%; and
WHEREAS, modifications to Water Rule No. 21 are needed to respond to the additional
water use reductions and mandatory restrictions; and
WHEREAS, certain modifications will help in the 20% production reduction requirement,
such as: simplifying watering times to help customer understanding and communications;
restricting watering during rain events or 48 hours after a measurable rain; limiting watering to 30
minutes or less per designated day per watering location; allowing watering with a bucket,
watering can or drip system, or with gray wa ter, anytime on designated day; allowing only one
day of watering during winter periods; requiring hotels/motels to provide guests with an option of
not having towels and linen laundered daily; and
WHEREAS, a 20% reduction in water sales may prompt the need to impose a drought
charge to recover revenues losses from reduced consumption; and
WHEREAS, Section E.2 of Water Rule No. 21 needs to be revised to clarify the types of
items that can be considered by the Water Utility for inclusion into the drought charge;
NOW, THEREFORE, THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amendment of Water Rule No. 21, Water Conservation. The Utility
Board/City Council herby adopts the amended Water Rule No. 21, Water
Conservation as part of the Azusa Light & Water Rules and Regulations
as set forth in Exhibit “A” which is attached to this resolution and made a
part hereof.
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SECTION 2. Effective Date. The amendment to Azusa Light & Water Rules and
Regulations shall become effective June 1, 2015.
PASSED, APPROVED AND ADOPTED THIS 27th day of April, 2015.
Joseph Romero Rocha, Mayor
ATTEST:
_________________________________
Jeffrey Lawrence Cornejo, Jr., City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Utility
Board/City Council of the City of Azusa at a regular meeting of the Azusa Light & Water
Utility Board on the 27th day of April, 2015.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_________________________________
Jeffrey Lawrence Cornejo, Jr., City Clerk
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EXHIBIT "A"
WATER UTILITY
RULE NO. 21
WATER CONSERVATION
A. DEFINITIONS:
The following words, terms and phrases, shall have the meanings ascribed to them under
this Rule, except where the context clearly indicates a different meaning:
Commercial and public agency water user includes: (1) any water user or customer
conducting business, either retail, commercial, or industrial; and (2) any water user that is
a public or governmental entity, such as the state government, school district, community
college, the county, city or municipal government, or special district; and (3) any water
user that owns and manages residential property, including HOAs, where the property has
both odd and even numbered street addresses.
Excess runoff: means water accumulation on streets, gutters, neighboring properties or
other surfaces in an amount sufficient to cause flow.
Residential water user: means water customers that pay for water service to their
individual residential dwelling unit and any water user that owns or manages residential
property with only odd or even (not both) numbered street address(s) for rent or lease.
Upper basin: means the underground aquifer located in the city of Azusa north of Sierra
Madre.
Water user: means any person, customer or property served within the incorporated
boundaries of the city and the area outside the city boundary served by the city water
utility.
Water utility: means Azusa Light & Water’s water utility.
B. APPLICABILITY:
This division shall apply to all water users within the service area of Azusa Light &
Water.
C. WATER USER RESPONSIBILITY:
Water users are deemed to have under control at all times their water distribution and
facilities and to know the manner and extent of their water use and excess runoff. In
multiple dwellings, the owner is the water user in control of the premises and is in control
and responsible for the water usage.
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1.Phase I water shortage:
a. A phase I water shortage may be declared by the director of utilities if
any combination of events or factors threaten the adequacy of foreseeable
water supply to consumers; qualifying factors to be considered in making
a water shortage declaration include, but are not limited to, time of year,
local rainfall, State Water Project Allocations, Safe Yield as determined
by the San Gabriel Basin Watermaster, amount of runoff into the San
Gabriel and Morris dams, ground water level in different basins,
especially the upper basin, and any major operating emergencies or
natural disasters that cause damage to the water supply or water
distribution system. Prior to making a public announcement of a phase I
water shortage, the director of utilities shall document the basis for the
water shortage declaration and communicate this information to the city
manager and city council.
Under a declared Phase I water shortage, conservation measures listed in
this Rule section shall be implemented. No water user within the water
utility’s service area shall knowingly make, cause, use or permit the use
of water for residential, commercial, industrial, agricultural or any other
purpose in a manner contrary to this section or in any amount in excess of
that use permitted by the conservation phases designated in this Rule.
Mandatory water conservation measures shall be as follows:
(1) No water user shall cause or permit excess runoff to occur from any
hose, pipe, valve, faucet, sprinkler or irrigation device onto any
sidewalk, street or gutter or to otherwise escape from the property
if such flow or runoff can reasonably be prevented.
(2) If a break or leak occurs within the water user's plumbing or private
distribution system, the leak shall be repaired within 48 hours after
the water user discovers the leak or after the water user is notified
of the leak.
(3) Commercial and noncommercial watering of grass, lawns, ground
cover, open ground, shrubbery, crops, gardens and trees, including
agricultural irrigation, in a manner or to an extent which allows
excess runoff from the area being watered shall not be permitted.
Runoff which is a natural consequence of conservative watering,
either by hand or mechanical sprinkling facilities, is permitted so
long as such runoff is not excess runoff as defined in the
Definitions section of this Rule.
(4) There shall be no lawn watering and landscape irrigation by
residential water users between the hours of 9:00 a.m. and 6:00
p.m. on any day of the week. If a hand-held hose with a positive
shutoff nozzle, a bucket or watering can, a drip irrigation system, or
a reclaimed, recycled or gray wastewater system is used, watering
may be done at any time on the designated days.
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(5) There shall be no lawn watering and landscape irrigation by
Commercial and public agency water users between 9:00 a.m. and
6:00 p.m. on any day of the week, except that there shall be no
restriction of watering utilizing a hand held hose with a positive
shutoff nozzle, a bucket or watering can, a drip irrigation system, or
system which uses reclaimed, recycled or gray wastewater.
(6) There shall be no washing down of sidewalks, walkways,
driveways, parking lots and all other paved surfaces, except to
alleviate immediate health, fire or sanitation hazards.
(7) Restaurants and food serving establishments shall only serve water
to their customers upon request of each customer, and shall not
operate a water hose without a positive shutoff nozzle. Restaurants
and food serving establishments provided with public information
by the water utility about a water shortage shall post the
information so that it is made available to customers.
(8) It is unlawful to remove, replace, alter or damage any water meter
or any components thereof, including but not limited to the meter
face, its dials or other water usage indicators and any flow-
restricting device installed.
(9) Water from fire hydrants shall not be used for any purpose other
than to fight fires or for other activities where such use is
immediately necessary to maintain the health, safety and welfare of
the residents and customers in the water utility’s service area.
Metered water use for control of dust and at construction sites shall
be considered necessary to maintain health and safety and are
eligible uses of water from fire hydrants.
(10) Schools, golf courses, governmental agencies, city parks and
cemeteries, public or private, are required to reduce the amount of
water used for irrigation purposes to levels sufficient to maintain
plant life or public use thereof. Excessive use of irrigation systems
for long periods of time is prohibited and may be determined by the
frequency and duration of irrigation activity, water saturated or
overly soft turfs, lawns, and soils, or pooling of water on turfs,
lawns, or soils. Water users may be required to submit a copy of a
water conservation plan and landscape irrigation schedules.
(11) Washing of motor vehicles, trailers, boats and other types of
equipment shall be done only with a hand-held bucket or a hose
equipped with a positive shutoff nozzle for quick rinse, except that
washing may be done with reclaimed wastewater or by a
commercial car wash using recycled water. No excess runoff shall
result from such activities as defined in Section A of this Rule.
(12) No water shall be used to clean, fill or maintain levels in decorative
fountains, ponds, lakes or other similar aesthetic structures, unless
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such water is part of a recycling system.
(13) The filling or replenishment of swimming pools shall be permitted,
but the property owner will be liable for possible charges in the
event a phase II, III or phase IV drought is declared.
(14) The owner and operator of every hotel, motel, inn, guest house and
short-term commercial lodging shall post a notice of water shortage
and any necessary compliance measures.
(15) There shall be no watering during rain events or within 48 hours
after rain events.
b. Azusa Light & Water shall publish the declaration of a Phase I water
shortage in a local newspaper of general circulation.
2. Phase II water shortage:
a. A phase II water shortage may be declared by the director of utilities if
any of the conditions for a phase I water shortage are met, and it has been
determined that there is need to reduce water consumption by up to ten
percent (10%) based on available water supply and demand information.
Prior to making a public announcement of a phase II water shortage, the
director of utilities shall document the basis for the water shortage
declaration and communicate this information to the city manager and
city council. Under a declared phase II water shortage the following
conservation measures shall be implemented:
(1) Conservation measures in effect during a Phase I water shortage,
except that the restrictions on watering lawns, landscapes and other
turf areas shall be modified to limit watering by residential water
users to Tuesdays, Thursdays and Sundays for customers with a
street address number ending in an even number (0,2,4,6 or 8), and
to Mondays, Wednesdays and Saturdays for customers with a street
address number ending in an odd number (1,3,5,7 or 9). If a hand-
held hose with a positive shutoff nozzle, a bucket or watering can, a
drip irrigation system or reclaimed, recycled or gray wastewater is
used, watering may be done at any time on the designated days.
Watering shall be limited to no more than 30 minutes per location
per day and no watering is allowed between 9:00 a.m. and 6:00
p.m.
(2) Lawn watering and landscape irrigation by Commercial and public
agency water users shall be limited to Mondays, Wednesdays and
Fridays, except that there shall be no restriction of watering
utilizing a hand held hose with a positive shutoff nozzle, a bucket
or watering can, a drip irrigation system, or a system which uses
reclaimed, recycled, or gray wastewater. Watering shall be limited
to no more than 30 minutes per location per day and no watering is
allowed between 9:00 a.m. and 6:00 p.m.
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(3) If a phase II water shortage is declared, water users will be subject
to the drought charge pursuant to section E of this Rule.
b. Azusa Light & Water shall publish the declaration of a Phase II water
shortage in a local newspaper of general circulation, including the
drought charge and implementation date of the declaration.
3. Phase III water shortage:
a. A phase III water shortage may be declared by the director of utilities if
the conditions for a phase I water shortage are met, and it has been
determined that there is need to reduce water consumption by up to
twenty percent (20%) based on available water supply and demand
information. Prior to making a public announcement of a phase III water
shortage, the director of utilities shall document the basis for the water
shortage declaration and communicate this information to the city
manager and city council. Under a declared phase III water shortage the
following conservation measures shall be implemented:
(1) Conservation measures under a Phase I water shortfall declaration
shall be in effect, except that the restrictions on watering lawns,
landscapes and other turf areas shall be modified to limit water use as
follows:
April 1 through October 31
On Thursdays and Sundays for residential water customers with a
street address number ending in an even number (0,2,4,6 or 8), and to
Wednesdays and Saturdays for customers with a street address
number ending in an odd number (1,3,5,7 or 9). If a hand-held hose
with a positive shutoff nozzle, a bucket or watering can, a drip
irrigation system or reclaimed, recycled or gray wastewater is used,
watering may be done at any time on the designated days.
On Mondays and Fridays, for Commercial and public agency water
users, except that there shall be no restriction of watering utilizing a
hand held hose with a positive shutoff nozzle, a drip irrigation
system, or a system which uses reclaimed, recycled or gray
wastewater.
November 1 through March 31
On Sundays for residential water customers with a street address
number ending in an even number (0,2,4,6 or 8), and to Saturdays for
customers with a street address number ending in an odd number
(1,3,5,7 or 9). If a hand-held hose with a positive shutoff nozzle,
bucket or watering can, drip irrigation system or a system which uses
reclaimed, recycled or gray wastewater is used, watering may be
done at any time on the designated days.
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On Mondays for Commercial and public agency water users, except
that there shall be no restriction of watering utilizing a hand held hose
with a positive shutoff nozzle, a bucket or watering can, a drip
irrigation system, or a system which uses reclaimed, recycled or gray
wastewater.
(2) Watering shall be limited to no more than 30 minutes per location
per
day and no watering is allowed between 9:00 a.m. and 6:00 p.m.
(3) If a phase III water shortage is declared, water users will be subject
to a drought charge pursuant to section E of this Rule.
b. Azusa Light & Water shall publish the declaration of a Phase III water
shortage in a local newspaper of general circulation, including the
drought charge and implementation date of the declaration.
4.Phase IV shortages:
a. A phase IV water shortage may be declared by the director of utilities if
the conditions for a phase I water shortage are met, and it is determined
that there is a need to reduce water consumption by up to thirty percent
(30%), based on available water supply and demand information. Prior
to making a public announcement of a phase IV water shortage, the
director of utilities shall document the basis for the water shortage
declaration and communicate this information to the city manager and
city council. Under a declared phase IV water shortage the following
conservation measures shall be implemented:
(1) Conservation measures under a Phase I water shortfall
declaration shall be in effect, except that the restrictions on
watering lawns, landscapes and other turf areas shall be modified to
limit watering by residential water users to Sundays for customers
with a street address number ending in an even number (0,2,4,6 or
8), and to Saturdays for customers with a street address number
ending in an odd number (1,3,5,7 or 9). If a hand-held hose with a
positive shutoff nozzle, a bucket or watering can, a drip irrigation
system or a system which uses reclaimed, recycled or gray
wastewater, watering may be done at any time on the designated
days.. Watering shall be limited to no more than 30 minutes per
location per day and no watering is allowed between 9:00 a.m. and
6:00 p.m.
(2) Lawn watering and landscape irrigation by Commercial
and public agency water users shall be limited to Mondays, except
that there shall be no restriction of watering utilizing a hand held
hose with a positive shutoff nozzle, a bucket or watering can, a drip
irrigation system, or system which uses reclaimed, recycled or gray
wastewater. Watering shall be limited to no more than 30 minutes
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per location per day and no watering is allowed between 9:00 a.m.
and 6:00 p.m.
(3) If a phase IV water shortage is declared, water users will be subject
to a drought charge pursuant to section E of this Rule.
b. Azusa Light & Water shall publish the declaration of a Phase IV water
shortage in a local newspaper of general circulation, including the
drought charge and implementation date of the declaration.
D. REQUEST FOR RELIEF FROM COMPLIANCE:
1. A water user may file a written request for relief from compliance with the
various programmatic water use restrictions of this Rule to the director of
utilities. The director of utilities may delegate his duties and responsibilities for
review of “Relief Requests” under this section as appropriate.
2. The Relief Request may include a request that the water user be relieved, in
whole or in part, from the water use restrictions in effect during a declared water
shortage. A water user may not apply for relief from Emergency Commodity
Rates or drought charges.
3. The Relief Request may include various justifications for exemption, including
but not limited to the following:
a. Whether any additional reduction in water consumption will result in
unemployment or significant loss of income from commercial or
industrial activities;
b. Water uses during new construction;
c. Adjustments to water use caused by emergency health or safety hazards;
d. Water use necessary for reasons related to family illness or health.
4. In order to be considered, a water user must submit a written request for relief
including the justification for such relief to the director of utilities. No relief shall
be granted unless the water user shows that the maximum practical reduction in
water consumption has been achieved by the water user. No relief shall be
granted to any water user who, when requested by the director of utilities, fails to
provide any information necessary for resolution of the water user's Relief
Request. The decision to issue relief or exemption from certain rules or
requirements shall be issued within 15 days and provided in writing to the water
user.
5. A decision hereunder may be appealed to the city manager through a written
appeal request within 15 days of receipt of an adverse decision. The city
manager’s decision will be issued within 15 days following an appeal hearing and
this decision will be final.
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E. NOTICES, CITATIONS, PENALTIES, CHARGES, AND SERVICE
TERMINATION:
1. Any employee of the water utility, or other employees as designated by the
director of utilities, may issue citations for violations of this Rule. Water users as
defined in this Rule shall be presumed to be the violator. Imposed fines will be
added to the water bill of cited customers and failure to pay shall result in
termination of water service. The Water Utility will impose the following
penalties on violators of this Rule:
a. If the director of utilities has declared a Phase I water shortage pursuant
to this Rule, first-time violators, shall be provided with a courtesy notice
of the violation. Upon second and subsequent violations, the violator
shall receive a citation and fine pursuant to the next paragraph.
b. If the director of utilities has declared a Phase II, Phase III or Phase IV
water shortage pursuant to this Rule, respectively, violators shall receive
a citation and fine as specified below on a form that describes the nature
of the violation, the rule violated, the date on which it occurred and the
corrective measures to be taken:
(1) Residential Water Users
i. For the first violation, $50.00.
ii. For the second violation, $100.00.
iii. For the third violation, $200.00.
iv. For a fourth and subsequent violations, $200. In addition,
the director of utilities may authorize the installation of a
flow restriction device at the customer’s expense or
terminate water service for flagrant or continuing disregard
by the customer of mandatory water shortage restrictions
including the designated days of watering. Such flow
restrictor installation or termination of service shall
continue until the director of utilities is satisfied that the
customer will comply with all water shortage rules going
forward. The water user shall also pay flow restrictor
installation costs and, in the case of service termination,
reconnection charges in effect at the time of service
termination in order to restore water service.
(2) Commercial and Public Agency Water Users
i. For the first violation, $100.00.
ii. For the second violation, $300.00.
iii. For the third violation, $600.00.
iv. For a fourth and subsequent violation, $600. In addition,
the director of utilities may authorize the installation of a
flow restriction device at the customer’s expense or
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terminate water service for flagrant or continuing disregard
by the customer of mandatory water shortage restrictions
including the designated days of watering. Such flow
restrictor installation or termination of service shall
continue until the director of utilities is satisfied that the
customer will comply with all water shortage rules going
forward. The water user shall also pay all flow restrictor
installation costs and, in the case of service termination,
reconnection charges in effect at the time of service
termination in order to restore water service.
2. During a declared Phase II, III, or IV water shortage, the Water Utility may
impose a drought charge, per CCF (hundred cubic feet), in excess of a certain
threshold or for all CCF sales . The amount and threshold for such a drought
charge shall be established by the director of utilities, with Utility Board approval
at the time the drought charge is imposed. The amount and threshold for the
drought charge consider the following factors as determined appropriate by the
director of utilities: (1) declared water shortage Phase; (2) amount of water
conserve, or to be conserved, by water users; (3) month of year and seasonal
variations in water demand by different types of water users; (4) average water
consumption by customer class as determined by meter size; (5) tiered rate
thresholds of existing Water Rate Schedule B or C in effect at the time a water
shortage Phase is declared; (6) projected unrecovered water utility expenses due
to conservation; and (7) drought-related expenses including, but not limited to,
enforcement, education, rebates, billing system revisions, and public
communications. The drought charge shall be subject to revision from time to
time based on changed circumstances upon recommendation by the director of
utilities and Utility Board approval.
F. APPEAL/HEARING REGARDING VIOLATIONS:
1.Any water user receiving notice of a violation of this Rule 21 shall have a right to
appeal the citation to the assistant director – customer care & solutions (or
designee) within ten (10) days of the notice of violation. The appeal, and the
basis for the appeal, shall be in writing and contain a contact email address or
telephone number in case further information or clarification is desired. The
decision by the assistant director shall be in writing and shall be made within 15
days of the appeal. For an appeal of a first citation, the decision of the assistant
director shall be final.
2.A water user may request a hearing by the director of utilities (or designee) to
appeal the decision by the assistant director for a second or subsequent citation.
The request for hearing shall be made in writing within ten (10) days of the
appeal decision.
3.The appeal hearing will be scheduled to occur within a reasonable period of time
following filing of the appeal. No formal rules of evidence shall apply. All
evidence customarily relied upon by reasonable persons in the conduct of serious
business affairs will be allowed, and the water user may present any such
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evidence which shows the alleged violation of this Rule’s water use restrictions
has not occurred. The decision of the director of utilities will be given in writing
to the water user within 15 days after the appeal hearing, and that decision shall
be final.
G. ADDITIONAL MEASURES:
The utility board of the water utility may order implementation of water conservation
measures in addition to those set forth in this Rule. Such additional water conservation
measures shall be implemented by resolution published one time in a daily newspaper of
general circulation covering the service area of the water utility. Any prohibitions on the
use of water shall become effective immediately upon such publication.
H. EFFECT ON PUBLIC HEALTH AND SAFETY:
Nothing in this Rule shall be construed to require the director of utilities to curtail the
supply of water to any water user when such water is required by that customer to
maintain an adequate level of public health and safety.
I. AZUSA MUNICIPAL CODE:
This Rule shall be consistent with Azusa Municipal Code Sections 78-501 through 78-507
and Sections 78-510 through 78-515.
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REDLINED COPY
Proposed Changes to Water Rule No. 21
____________________________________________________________
Changes to take effect June 1, 2015, text to be deleted is highlighted in strikeout.
Changes to take effect June 1, 2015, text to be added is highlighted in underline.
Text that is not highlighted is current and is being provided for context and reference.
WATER UTILITY
RULE NO. 21
WATER CONSERVATION
A. DEFINITIONS:
The following words, terms and phrases, shall have the meanings ascribed to them under
this Rule, except where the context clearly indicates a different meaning:
Commercial and public agency water user includes: (1) any water user or customer
conducting business, either retail, commercial, or industrial; and (2) any water user that is
a public or governmental entity, such as the state government, school district, community
college, the county, city or municipal government, or special district; and (3) any water
user that owns and manages residential property, including HOAs, where the property
has both odd and even numbered street addresses.
Excess runoff: means water accumulation on streets, gutters, neighboring properties or
other surfaces in an amount sufficient to cause flow.
Residential water user: means water customers that pay for water service to their
individual residential dwelling unit and any water user that owns or manages residential
property with only odd or even (not both) numbered street address(s) for rent or lease.
Upper basin: means the underground aquifer located in the city of Azusa north of Sierra
Madre.
Water user: means any person, customer or property served within the incorporated
boundaries of the city and the area outside the city boundary served by the city water
utility.
Water utility: means Azusa Light & Water’s water utility.
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B. APPLICABILITY:
This division shall apply to all water users within the service area of Azusa Light &
Water.
C. WATER USER RESPONSIBILITY:
Water users are deemed to have under control at all times their water distribution and
facilities and to know the manner and extent of their water use and excess runoff. In
multiple dwellings, the owner is the water user in control of the premises and is in
control and responsible for the water usage.
1.Phase I water shortage:
a.A phase I water shortage may be declared by the director of utilities if
any combination of events or factors threaten the adequacy of foreseeable
water supply to consumers; qualifying factors to be considered in making
a water shortage declaration include, but are not limited to, time of year,
local rainfall, State Water Project Allocations, Safe Yield as determined
by the San Gabriel Basin Watermaster, amount of runoff into the San
Gabriel and Morris dams, ground water level in different basins,
especially the upper basin, and any major operating emergencies or
natural disasters that cause damage to the water supply or water
distribution system. Prior to making a public announcement of a phase I
water shortage, the director of utilities shall document the basis for the
water shortage declaration and communicate this information to the city
manager and city council.
Under a declared Phase I water shortage, conservation measures listed in
this Rule section shall be implemented. No water user within the water
utility’s service area shall knowingly make, cause, use or permit the use
of water for residential, commercial, industrial, agricultural or any other
purpose in a manner contrary to this section or in any amount in excess of
that use permitted by the conservation phases designated in this Rule.
Mandatory water conservation measures shall be as follows:
(1) No water user shall cause or permit excess runoff to occur from any
hose, pipe, valve, faucet, sprinkler or irrigation device onto any
sidewalk, street or gutter or to otherwise escape from the property if
such flow or runoff can reasonably be prevented.
(2) If a break or leak occurs within the water user's plumbing or private
distribution system, the leak shall be repaired within 48 hours after
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the water user discovers the leak or after the water user is notified
of the leak.
(3) Commercial and noncommercial watering of grass, lawns, ground
cover, open ground, shrubbery, crops, gardens and trees, including
agricultural irrigation, in a manner or to an extent which allows
excess runoff from the area being watered shall not be permitted.
Runoff which is a natural consequence of conservative watering,
either by hand or mechanical sprinkling facilities, is permitted so
long as such runoff is not excess runoff as defined in the
Definitions section of this Rule.
(4) There shall be no lawn watering and landscape irrigation by
residential water users between the hours of 6:00 9:00 a.m. and 6:00
p.m. on any day of the week. If a hand-held hose with a positive
shutoff nozzle, a bucket or watering can, a drip irrigation system, or
a reclaimed, recycled or gray wastewater system is used, watering
may be done at any time on the designated days.
(5) There shall be no lawn watering and landscape irrigation by
Commercial and public agency water users between 10:00 9:00
a.m. and 6:00 p.m. on any day of the week, except that there shall
be no restriction of watering utilizing a hand held hose with a
positive shutoff nozzle, a bucket or watering can, a drip irrigation
system, or system which uses reclaimed, recycled or gray
wastewater.
(6) There shall be no washing down of sidewalks, walkways,
driveways, parking lots and all other paved surfaces, except to
alleviate immediate health, fire or sanitation hazards.
(7) Restaurants and food serving establishments shall only serve water
to their customers upon request of each customer, and shall not
operate a water hose without a positive shutoff nozzle. Restaurants
and food serving establishments provided with public information
by the water utility about a water shortage shall post the
information so that it is made available to customers.
(8) It is unlawful to remove, replace, alter or damage any water meter
or any components thereof, including but not limited to the meter
face, its dials or other water usage indicators and any flow-
restricting device installed.
(9) Water from fire hydrants shall not be used for any purpose other
than to fight fires or for other activities where such use is
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immediately necessary to maintain the health, safety and welfare of
the residents and customers in the water utility’s service area.
Metered water use for control of dust and at construction sites shall
be considered necessary to maintain health and safety and are
eligible uses of water from fire hydrants.
(10) Schools, golf courses, governmental agencies, city parks and
cemeteries, public or private, are required to reduce the amount of
water used for irrigation purposes to levels sufficient to maintain
plant life or public use thereof. Excessive use of irrigation systems
for long periods of time is prohibited and may be determined by the
frequency and duration of irrigation activity, water saturated or
overly soft turfs, lawns, and soils, or pooling of water on turfs,
lawns, or soils. Water users may be required to submit a copy of a
water conservation plan and landscape irrigation schedules.
(11) Washing of motor vehicles, trailers, boats and other types of
equipment shall be done only with a hand-held bucket or a hose
equipped with a positive shutoff nozzle for quick rinse, except that
washing may be done with reclaimed wastewater or by a
commercial car wash using recycled water. No excess runoff shall
result from such activities as defined in Section A of this Rule.
(12) No water shall be used to clean, fill or maintain levels in decorative
fountains, ponds, lakes or other similar aesthetic structures, unless
such water is part of a recycling system.
(13) The filling or replenishment of swimming pools shall be permitted,
but the property owner will be liable for possible charges in the
event a phase II, III or phase IV drought is declared.
(14) The owner and operator of every hotel, motel, inn, guest house and
short-term commercial lodging shall post a notice of water shortage
and any necessary compliance measures.
(15) There shall be no watering during rain events or within 48 hours
after rain events.
b.Azusa Light & Water shall publish the declaration of a Phase I water
shortage in a local newspaper of general circulation.
2.Phase II water shortage:
a.A phase II water shortage may be declared by the director of utilities if
any of the conditions for a phase I water shortage are met, and it has been
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determined that there is need to reduce water consumption by up to ten
percent (10%) based on available water supply and demand information.
Prior to making a public announcement of a phase II water shortage, the
director of utilities shall document the basis for the water shortage
declaration and communicate this information to the city manager and
city council. Under a declared phase II water shortage the following
conservation measures shall be implemented:
(1) Conservation measures in effect during a Phase I water shortage,
except that the restrictions on watering lawns, landscapes and other
turf areas shall be modified to limit watering by residential water
users to 6:00 p.m. starting on Tuesdays, Thursdays and Sundays
until 6:00 a.m. the following day for customers with a street address
number ending in an even number (0,2,4,6 or 8), and to 6:00 p.m.
starting on Mondays, Wednesdays and Saturdays until 6:00 a.m. of
the following day for customers with a street address number
ending in an odd number (1,3,5,7 or 9). If a hand-held hose with a
positive shutoff nozzle, a bucket or watering can, a drip irrigation
system or reclaimed, recycled or gray wastewater is used, watering
may be done at any time on the designated days. Watering shall be
limited to no more than 30 minutes per location per day and no
watering is allowed between 9:00 a.m. and 6:00 p.m.
(2) Lawn watering and landscape irrigation by Commercial and public
agency water users shall be limited to 6:00 p.m. starting on
Mondays, Wednesdays and Fridays until 10:00 a.m. of the
following day, except that there shall be no restriction of watering
utilizing a hand held hose with a positive shutoff nozzle, a bucket or
watering can, a drip irrigation system, or a system which uses
reclaimed, recycled, or gray wastewater. Watering shall be limited
to no more than 30 minutes per location per day and no watering is
allowed between 9:00 a.m. and 6:00 p.m.
(3) If a phase II water shortage is declared, water users will be subject
to the drought charge pursuant to section E of this Rule.
b.Azusa Light & Water shall publish the declaration of a Phase II water
shortage in a local newspaper of general circulation, including the
drought charge and implementation date of the declaration.
3.Phase III water shortage:
a.A phase III water shortage may be declared by the director of utilities if
the conditions for a phase I water shortage are met, and it has been
determined that there is need to reduce water consumption by up to
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twenty percent (20%) based on available water supply and demand
information. Prior to making a public announcement of a phase III water
shortage, the director of utilities shall document the basis for the water
shortage declaration and communicate this information to the city
manager and city council. Under a declared phase III water shortage the
following conservation measures shall be implemented:
(1) Conservation measures under a Phase I water shortfall declaration
shall be in effect, except that the restrictions on watering lawns,
landscapes and other turf areas shall be modified to limit watering
by residential water users to 6:00 p.m. starting on Thursdays and
Sundays until 6:00 a.m. the following day for customers with a
street address number ending in an even number (0,2,4,6 or 8), and
to 6:00 p.m. starting on Wednesdays and Saturdays until 6:00 a.m.
of the following day for customers with a street address number
ending in an odd number (1,3,5,7 or 9). If a hand-held hose with a
positive shutoff nozzle or drip irrigation system is used, watering
may be done at any time on the designated days.
(2) Lawn watering and landscape irrigation by Commercial and public
agency water users shall be limited to 6:00 p.m. starting on
Mondays and Fridays until 10:00 a.m. of the following day, except
that there shall be no restriction of watering utilizing a hand held
hose with a positive shutoff nozzle, drip irrigation system, or
system which uses reclaimed or recycled wastewater.
(1) Conservation measures under a Phase I water shortfall declaration
shall be in effect, except that the restrictions on watering lawns,
landscapes and other turf areas shall be modified to limit water use as
follows:
April 1 through October 31
On Thursdays and Sundays for residential water customers with a
street address number ending in an even number (0,2,4,6 or 8), and to
Wednesdays and Saturdays for customers with a street address
number ending in an odd number (1,3,5,7 or 9). If a hand-held hose
with a positive shutoff nozzle, a bucket or watering can, a drip
irrigation system or reclaimed, recycled or gray wastewater is used,
watering may be done at any time on the designated days.
On Mondays and Fridays, for Commercial and public agency water
users, except that there shall be no restriction of watering utilizing a
hand held hose with a positive shutoff nozzle, a drip irrigation system,
or a system which uses reclaimed, recycled or gray wastewater.
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November 1 through March 31
On Sundays for residential water customers with a street address
number ending in an even number (0,2,4,6 or 8), and to Saturdays for
customers with a street address number ending in an odd number
(1,3,5,7 or 9). If a hand-held hose with a positive shutoff nozzle,
bucket or watering can, drip irrigation system or a system which uses
reclaimed, recycled or gray wastewater is used, watering may be done
at any time on the designated days.
On Mondays for Commercial and public agency water users, except
that there shall be no restriction of watering utilizing a hand held hose
with a positive shutoff nozzle, a bucket or watering can, a drip
irrigation system, or a system which uses reclaimed, recycled or gray
wastewater.
(2) Watering shall be limited to no more than 30 minutes per location per
day and no watering is allowed between 9:00 a.m. and 6:00 p.m.
(3) If a phase III water shortage is declared, water users will be subject to
a drought charge pursuant to section E of this Rule.
b.Azusa Light & Water shall publish the declaration of a Phase III water
shortage in a local newspaper of general circulation, including the
drought charge and implementation date of the declaration.
4.Phase IV shortages:
a.A phase IV water shortage may be declared by the director of utilities if
the conditions for a phase I water shortage are met, and it is determined
that there is a need to reduce water consumption by up to thirty percent
(30%), based on available water supply and demand information. Prior to
making a public announcement of a phase IV water shortage, the director
of utilities shall document the basis for the water shortage declaration and
communicate this information to the city manager and city council.
Under a declared phase IV water shortage the following conservation
measures shall be implemented:
(1) Conservation measures under a Phase I water shortfall
declaration shall be in effect, except that the restrictions on
watering lawns, landscapes and other turf areas shall be modified to
limit watering by residential water users to 6:00 p.m. starting on
Sundays until 6:00 a.m. the following day for customers with a
street address number ending in an even number (0,2,4,6 or 8), and
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to 6:00 p.m. starting on Saturdays until 6:00 a.m. of the following
day for customers with a street address number ending in an odd
number (1,3,5,7 or 9). If a hand-held hose with a positive shutoff
nozzle, a bucket or watering can, a drip irrigation system or a
system which uses reclaimed, recycled or gray wastewater,
watering may be done at any time on the designated days..
Watering shall be limited to no more than 30 minutes per location
per day and no watering is allowed between 9:00 a.m. and 6:00
p.m.
(2) Lawn watering and landscape irrigation by Commercial
and public agency water users shall be limited to 6:00 p.m. starting
on Mondays until 10:00 a.m. of the following day, except that there
shall be no restriction of watering utilizing a hand held hose with a
positive shutoff nozzle, a bucket or watering can, a drip irrigation
system, or system which uses reclaimed, recycled or gray
wastewater. Watering shall be limited to no more than 30 minutes
per location per day and no watering is allowed between 9:00 a.m.
and 6:00 p.m.
(3) If a phase IV water shortage is declared, water users will be subject
to a drought charge pursuant to section E of this Rule.
b.Azusa Light & Water shall publish the declaration of a Phase IV water
shortage in a local newspaper of general circulation, including the
drought charge and implementation date of the declaration.
D. REQUEST FOR RELIEF FROM COMPLIANCE:
1.A water user may file a written request for relief from compliance with the
various programmatic water use restrictions of this Rule to the director of
utilities. The director of utilities may delegate his duties and responsibilities for
review of “Relief Requests” under this section as appropriate.
2.The Relief Request may include a request that the water user be relieved, in
whole or in part, from the water use restrictions in effect during a declared water
shortage. A water user may not apply for relief from Emergency Commodity
Rates or drought charges.
3.The Relief Request may include various justifications for exemption, including
but not limited to the following:
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a.Whether any additional reduction in water consumption will result in
unemployment or significant loss of income from commercial or
industrial activities;
b. Water uses during new construction;
c. Adjustments to water use caused by emergency health or safety hazards;
d.Water use necessary for reasons related to family illness or health.
4.In order to be considered, a water user must submit a written request for relief
including the justification for such relief to the director of utilities. No relief
shall be granted unless the water user shows that the maximum practical
reduction in water consumption has been achieved by the water user. No relief
shall be granted to any water user who, when requested by the director of
utilities, fails to provide any information necessary for resolution of the water
user's Relief Request. The decision to issue relief or exemption from certain
rules or requirements shall be issued within 15 days and provided in writing to
the water user.
5.A decision hereunder may be appealed to the city manager through a written
appeal request within 15 days of receipt of an adverse decision. The city
manager’s decision will be issued within 15 days following an appeal hearing
and this decision will be final.
E. NOTICES, CITATIONS, PENALTIES, CHARGES, AND SERVICE
TERMINATION:
1.Any employee of the water utility, or other employees as designated by the
director of utilities, may issue citations for violations of this Rule. Water users as
defined in this Rule shall be presumed to be the violator. Imposed fines will be
added to the water bill of cited customers and failure to pay shall result in
termination of water service. The Water Utility will impose the following
penalties on violators of this Rule:
a.If the director of utilities has declared a Phase I water shortage pursuant
to this Rule, first-time violators, shall be provided with a courtesy notice
of the violation. Upon second and subsequent violations, the violator
shall receive a citation and fine pursuant to the next paragraph.
b.If the director of utilities has declared a Phase II, Phase III or Phase IV
water shortage pursuant to this Rule, respectively, violators shall receive
a citation and fine as specified below on a form that describes the nature
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of the violation, the rule violated, the date on which it occurred and the
corrective measures to be taken:
(1) Residential Water Users
i.For the first violation, $50.00.
ii.For the second violation, $100.00.
iii.For the third violation, $200.00.
iv.For a fourth and subsequent violations, $200. In addition,
the director of utilities may authorize the installation of a
flow restriction device at the customer’s expense or
terminate water service for flagrant or continuing disregard
by the customer of mandatory water shortage restrictions
including the designated days of watering. Such flow
restrictor installation or termination of service shall
continue until the director of utilities is satisfied that the
customer will comply with all water shortage rules going
forward. The water user shall also pay flow restrictor
installation costs and, in the case of service termination,
reconnection charges in effect at the time of service
termination in order to restore water service.
(2) Commercial and Public Agency Water Users
i.For the first violation, $100.00.
ii.For the second violation, $300.00.
iii.For the third violation, $600.00.
iv.For a fourth and subsequent violation, $600. In addition, the
director of utilities may authorize the installation of a flow
restriction device at the customer’s expense or terminate
water service for flagrant or continuing disregard by the
customer of mandatory water shortage restrictions including
the designated days of watering. Such flow restrictor
installation or termination of service shall continue until the
director of utilities is satisfied that the customer will comply
with all water shortage rules going forward. The water user
shall also pay all flow restrictor installation costs and, in the
case of service termination, reconnection charges in effect
at the time of service termination in order to restore water
service.
2.During a declared Phase II, III, or IV water shortage, the Water Utility will may
impose a drought charge, per CCF (hundred cubic feet), in excess of a certain
threshold for each water shortage Phase or for all CCF sales . The amount and
Said threshold for each water shortage Phase such a drought charge shall be
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established by the director of utilities, with Utility Board approval at the time the
drought charge is imposed. The amount and threshold for each water shortage
Phase the drought charge will be established by taking into account consider the
following factors as determined appropriate by the director of utilities: (1)
declared water shortage Phase; (2) amount of water conserve, or to be conserved,
by water users; (3) month of year and seasonal variations in water demand by
different types of water users; (4) average water consumption by customer class
as determined by meter size; and (5) tiered rate thresholds of existing Water Rate
Schedule B or C in effect at the time a water shortage Phase is declared; (6)
projected unrecovered water utility expenses due to conservation; and (7)
drought-related expenses including, but not limited to, enforcement, education,
rebates, billing system revisions, and public communications. at the time a water
shortage Phase is declared. The drought charge shall be subject to revision from
time to time based on changed circumstances upon recommendation by the
director of utilities and Utility Board approval.
F. APPEAL/HEARING REGARDING VIOLATIONS:
1.Any water user receiving notice of a violation of this Rule 21 shall have a right to
appeal the citation to the assistant director – customer care & solutions (or
designee) within ten (10) days of the notice of violation. The appeal, and the
basis for the appeal, shall be in writing and contain a contact email address or
telephone number in case further information or clarification is desired. The
decision by the assistant director shall be in writing and shall be made within 15
days of the appeal. For an appeal of a first citation, the decision of the assistant
director shall be final.
2.A water user may request a hearing by the director of utilities (or designee) to
appeal the decision by the assistant director for a second or subsequent citation.
The request for hearing shall be made in writing within ten (10) days of the
appeal decision.
3.The appeal hearing will be scheduled to occur within a reasonable period of time
following filing of the appeal. No formal rules of evidence shall apply. All
evidence customarily relied upon by reasonable persons in the conduct of serious
business affairs will be allowed, and the water user may present any such
evidence which shows the alleged violation of this Rule’s water use restrictions
has not occurred. The decision of the director of utilities will be given in writing
to the water user within 15 days after the appeal hearing, and that decision shall
be final.
G. ADDITIONAL MEASURES:
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The utility board of the water utility may order implementation of water conservation
measures in addition to those set forth in this Rule. Such additional water conservation
measures shall be implemented by resolution published one time in a daily newspaper of
general circulation covering the service area of the water utility. Any prohibitions on the
use of water shall become effective immediately upon such publication.
H. EFFECT ON PUBLIC HEALTH AND SAFETY:
Nothing in this Rule shall be construed to require the director of utilities to curtail the
supply of water to any water user when such water is required by that customer to
maintain an adequate level of public health and safety.
I. AZUSA MUNICIPAL CODE:
This Rule shall be consistent with Azusa Municipal Code Sections 78-501 through 78-
507 and Sections 78-510 through 78-515.
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CLEAN COPY
WATER UTILITY
RULE NO. 21
WATER CONSERVATION
A. DEFINITIONS:
The following words, terms and phrases, shall have the meanings ascribed to them under
this Rule, except where the context clearly indicates a different meaning:
Commercial and public agency water user includes: (1) any water user or customer
conducting business, either retail, commercial, or industrial; and (2) any water user that is
a public or governmental entity, such as the state government, school district, community
college, the county, city or municipal government, or special district; and (3) any water
user that owns and manages residential property, including HOAs, where the property
has both odd and even numbered street addresses.
Excess runoff: means water accumulation on streets, gutters, neighboring properties or
other surfaces in an amount sufficient to cause flow.
Residential water user: means water customers that pay for water service to their
individual residential dwelling unit and any water user that owns or manages residential
property with only odd or even (not both) numbered street address(s) for rent or lease.
Upper basin: means the underground aquifer located in the city of Azusa north of Sierra
Madre.
Water user: means any person, customer or property served within the incorporated
boundaries of the city and the area outside the city boundary served by the city water
utility.
Water utility: means Azusa Light & Water’s water utility.
B. APPLICABILITY:
This division shall apply to all water users within the service area of Azusa Light &
Water.
C. WATER USER RESPONSIBILITY:
Water users are deemed to have under control at all times their water distribution and
facilities and to know the manner and extent of their water use and excess runoff. In
multiple dwellings, the owner is the water user in control of the premises and is in
control and responsible for the water usage.
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1.Phase I water shortage:
a.A phase I water shortage may be declared by the director of utilities if
any combination of events or factors threaten the adequacy of foreseeable
water supply to consumers; qualifying factors to be considered in making
a water shortage declaration include, but are not limited to, time of year,
local rainfall, State Water Project Allocations, Safe Yield as determined
by the San Gabriel Basin Watermaster, amount of runoff into the San
Gabriel and Morris dams, ground water level in different basins,
especially the upper basin, and any major operating emergencies or
natural disasters that cause damage to the water supply or water
distribution system. Prior to making a public announcement of a phase I
water shortage, the director of utilities shall document the basis for the
water shortage declaration and communicate this information to the city
manager and city council.
Under a declared Phase I water shortage, conservation measures listed in
this Rule section shall be implemented. No water user within the water
utility’s service area shall knowingly make, cause, use or permit the use
of water for residential, commercial, industrial, agricultural or any other
purpose in a manner contrary to this section or in any amount in excess of
that use permitted by the conservation phases designated in this Rule.
Mandatory water conservation measures shall be as follows:
(1) No water user shall cause or permit excess runoff to occur from any
hose, pipe, valve, faucet, sprinkler or irrigation device onto any
sidewalk, street or gutter or to otherwise escape from the property if
such flow or runoff can reasonably be prevented.
(2) If a break or leak occurs within the water user's plumbing or private
distribution system, the leak shall be repaired within 48 hours after
the water user discovers the leak or after the water user is notified
of the leak.
(3) Commercial and noncommercial watering of grass, lawns, ground
cover, open ground, shrubbery, crops, gardens and trees, including
agricultural irrigation, in a manner or to an extent which allows
excess runoff from the area being watered shall not be permitted.
Runoff which is a natural consequence of conservative watering,
either by hand or mechanical sprinkling facilities, is permitted so
long as such runoff is not excess runoff as defined in the
Definitions section of this Rule.
(4) There shall be no lawn watering and landscape irrigation by
residential water users between the hours of 9:00 a.m. and 6:00 p.m.
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on any day of the week. If a hand-held hose with a positive shutoff
nozzle, a bucket or watering can, a drip irrigation system, or a
reclaimed, recycled or gray wastewater system is used, watering
may be done at any time on the designated days.
(5) There shall be no lawn watering and landscape irrigation by
Commercial and public agency water users between 9:00 a.m. and
6:00 p.m. on any day of the week, except that there shall be no
restriction of watering utilizing a hand held hose with a positive
shutoff nozzle, a bucket or watering can, a drip irrigation system, or
system which uses reclaimed, recycled or gray wastewater.
(6) There shall be no washing down of sidewalks, walkways,
driveways, parking lots and all other paved surfaces, except to
alleviate immediate health, fire or sanitation hazards.
(7) Restaurants and food serving establishments shall only serve water
to their customers upon request of each customer, and shall not
operate a water hose without a positive shutoff nozzle. Restaurants
and food serving establishments provided with public information
by the water utility about a water shortage shall post the
information so that it is made available to customers.
(8) It is unlawful to remove, replace, alter or damage any water meter
or any components thereof, including but not limited to the meter
face, its dials or other water usage indicators and any flow-
restricting device installed.
(9) Water from fire hydrants shall not be used for any purpose other
than to fight fires or for other activities where such use is
immediately necessary to maintain the health, safety and welfare of
the residents and customers in the water utility’s service area.
Metered water use for control of dust and at construction sites shall
be considered necessary to maintain health and safety and are
eligible uses of water from fire hydrants.
(10) Schools, golf courses, governmental agencies, city parks and
cemeteries, public or private, are required to reduce the amount of
water used for irrigation purposes to levels sufficient to maintain
plant life or public use thereof. Excessive use of irrigation systems
for long periods of time is prohibited and may be determined by the
frequency and duration of irrigation activity, water saturated or
overly soft turfs, lawns, and soils, or pooling of water on turfs,
lawns, or soils. Water users may be required to submit a copy of a
water conservation plan and landscape irrigation schedules.
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(11) Washing of motor vehicles, trailers, boats and other types of
equipment shall be done only with a hand-held bucket or a hose
equipped with a positive shutoff nozzle for quick rinse, except that
washing may be done with reclaimed wastewater or by a
commercial car wash using recycled water. No excess runoff shall
result from such activities as defined in Section A of this Rule.
(12) No water shall be used to clean, fill or maintain levels in decorative
fountains, ponds, lakes or other similar aesthetic structures, unless
such water is part of a recycling system.
(13) The filling or replenishment of swimming pools shall be permitted,
but the property owner will be liable for possible charges in the
event a phase II, III or phase IV drought is declared.
(14) The owner and operator of every hotel, motel, inn, guest house and
short-term commercial lodging shall post a notice of water shortage
and any necessary compliance measures.
(15) There shall be no watering during rain events or within 48 hours
after rain events.
b.Azusa Light & Water shall publish the declaration of a Phase I water
shortage in a local newspaper of general circulation.
2.Phase II water shortage:
a.A phase II water shortage may be declared by the director of utilities if
any of the conditions for a phase I water shortage are met, and it has been
determined that there is need to reduce water consumption by up to ten
percent (10%) based on available water supply and demand information.
Prior to making a public announcement of a phase II water shortage, the
director of utilities shall document the basis for the water shortage
declaration and communicate this information to the city manager and
city council. Under a declared phase II water shortage the following
conservation measures shall be implemented:
(1) Conservation measures in effect during a Phase I water shortage,
except that the restrictions on watering lawns, landscapes and other
turf areas shall be modified to limit watering by residential water
users to Tuesdays, Thursdays and Sundays for customers with a
street address number ending in an even number (0,2,4,6 or 8), and
to Mondays, Wednesdays and Saturdays for customers with a street
address number ending in an odd number (1,3,5,7 or 9). If a hand-
held hose with a positive shutoff nozzle, a bucket or watering can, a
drip irrigation system or reclaimed, recycled or gray wastewater is
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used, watering may be done at any time on the designated days.
Watering shall be limited to no more than 30 minutes per location
per day and no watering is allowed between 9:00 a.m. and 6:00
p.m.
(2) Lawn watering and landscape irrigation by Commercial and public
agency water users shall be limited to Mondays, Wednesdays and
Fridays, except that there shall be no restriction of watering
utilizing a hand held hose with a positive shutoff nozzle, a bucket or
watering can, a drip irrigation system, or a system which uses
reclaimed, recycled, or gray wastewater. Watering shall be limited
to no more than 30 minutes per location per day and no watering is
allowed between 9:00 a.m. and 6:00 p.m.
(3) If a phase II water shortage is declared, water users will be subject
to the drought charge pursuant to section E of this Rule.
b.Azusa Light & Water shall publish the declaration of a Phase II water
shortage in a local newspaper of general circulation, including the
drought charge and implementation date of the declaration.
3.Phase III water shortage:
a.A phase III water shortage may be declared by the director of utilities if
the conditions for a phase I water shortage are met, and it has been
determined that there is need to reduce water consumption by up to
twenty percent (20%) based on available water supply and demand
information. Prior to making a public announcement of a phase III water
shortage, the director of utilities shall document the basis for the water
shortage declaration and communicate this information to the city
manager and city council. Under a declared phase III water shortage the
following conservation measures shall be implemented:
(1) Conservation measures under a Phase I water shortfall declaration
shall be in effect, except that the restrictions on watering lawns,
landscapes and other turf areas shall be modified to limit water use as
follows:
April 1 through October 31
On Thursdays and Sundays for residential water customers with a
street address number ending in an even number (0,2,4,6 or 8), and to
Wednesdays and Saturdays for customers with a street address
number ending in an odd number (1,3,5,7 or 9). If a hand-held hose
with a positive shutoff nozzle, a bucket or watering can, a drip
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irrigation system or reclaimed, recycled or gray wastewater is used,
watering may be done at any time on the designated days.
On Mondays and Fridays, for Commercial and public agency water
users, except that there shall be no restriction of watering utilizing a
hand held hose with a positive shutoff nozzle, a drip irrigation system,
or a system which uses reclaimed, recycled or gray wastewater.
November 1 through March 31
On Sundays for residential water customers with a street address
number ending in an even number (0,2,4,6 or 8), and to Saturdays for
customers with a street address number ending in an odd number
(1,3,5,7 or 9). If a hand-held hose with a positive shutoff nozzle,
bucket or watering can, drip irrigation system or a system which uses
reclaimed, recycled or gray wastewater is used, watering may be done
at any time on the designated days.
On Mondays for Commercial and public agency water users, except
that there shall be no restriction of watering utilizing a hand held hose
with a positive shutoff nozzle, a bucket or watering can, a drip
irrigation system, or a system which uses reclaimed, recycled or gray
wastewater.
(2) Watering shall be limited to no more than 30 minutes per location per
day and no watering is allowed between 9:00 a.m. and 6:00 p.m.
(3) If a phase III water shortage is declared, water users will be subject to
a drought charge pursuant to section E of this Rule.
b.Azusa Light & Water shall publish the declaration of a Phase III water
shortage in a local newspaper of general circulation, including the
drought charge and implementation date of the declaration.
4.Phase IV shortages:
a.A phase IV water shortage may be declared by the director of utilities if
the conditions for a phase I water shortage are met, and it is determined
that there is a need to reduce water consumption by up to thirty percent
(30%), based on available water supply and demand information. Prior to
making a public announcement of a phase IV water shortage, the director
of utilities shall document the basis for the water shortage declaration and
communicate this information to the city manager and city council.
Under a declared phase IV water shortage the following conservation
measures shall be implemented:
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(1) Conservation measures under a Phase I water shortfall
declaration shall be in effect, except that the restrictions on
watering lawns, landscapes and other turf areas shall be modified to
limit watering by residential water users to Sundays for customers
with a street address number ending in an even number (0,2,4,6 or
8), and to Saturdays for customers with a street address number
ending in an odd number (1,3,5,7 or 9). If a hand-held hose with a
positive shutoff nozzle, a bucket or watering can, a drip irrigation
system or a system which uses reclaimed, recycled or gray
wastewater, watering may be done at any time on the designated
days.. Watering shall be limited to no more than 30 minutes per
location per day and no watering is allowed between 9:00 a.m. and
6:00 p.m.
(2) Lawn watering and landscape irrigation by Commercial
and public agency water users shall be limited to Mondays, except
that there shall be no restriction of watering utilizing a hand held
hose with a positive shutoff nozzle, a bucket or watering can, a drip
irrigation system, or system which uses reclaimed, recycled or gray
wastewater. Watering shall be limited to no more than 30 minutes
per location per day and no watering is allowed between 9:00 a.m.
and 6:00 p.m.
(3) If a phase IV water shortage is declared, water users will be subject
to a drought charge pursuant to section E of this Rule.
b.Azusa Light & Water shall publish the declaration of a Phase IV water
shortage in a local newspaper of general circulation, including the
drought charge and implementation date of the declaration.
D. REQUEST FOR RELIEF FROM COMPLIANCE:
1.A water user may file a written request for relief from compliance with the
various programmatic water use restrictions of this Rule to the director of
utilities. The director of utilities may delegate his duties and responsibilities for
review of “Relief Requests” under this section as appropriate.
2.The Relief Request may include a request that the water user be relieved, in
whole or in part, from the water use restrictions in effect during a declared water
shortage. A water user may not apply for relief from Emergency Commodity
Rates or drought charges.
3.The Relief Request may include various justifications for exemption, including
but not limited to the following:
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a.Whether any additional reduction in water consumption will result in
unemployment or significant loss of income from commercial or
industrial activities;
b.Water uses during new construction;
c. Adjustments to water use caused by emergency health or safety hazards;
d.Water use necessary for reasons related to family illness or health.
4.In order to be considered, a water user must submit a written request for relief
including the justification for such relief to the director of utilities. No relief
shall be granted unless the water user shows that the maximum practical
reduction in water consumption has been achieved by the water user. No relief
shall be granted to any water user who, when requested by the director of
utilities, fails to provide any information necessary for resolution of the water
user's Relief Request. The decision to issue relief or exemption from certain
rules or requirements shall be issued within 15 days and provided in writing to
the water user.
5.A decision hereunder may be appealed to the city manager through a written
appeal request within 15 days of receipt of an adverse decision. The city
manager’s decision will be issued within 15 days following an appeal hearing
and this decision will be final.
E. NOTICES, CITATIONS, PENALTIES, CHARGES, AND SERVICE
TERMINATION:
1.Any employee of the water utility, or other employees as designated by the
director of utilities, may issue citations for violations of this Rule. Water users as
defined in this Rule shall be presumed to be the violator. Imposed fines will be
added to the water bill of cited customers and failure to pay shall result in
termination of water service. The Water Utility will impose the following
penalties on violators of this Rule:
a.If the director of utilities has declared a Phase I water shortage pursuant
to this Rule, first-time violators, shall be provided with a courtesy notice
of the violation. Upon second and subsequent violations, the violator
shall receive a citation and fine pursuant to the next paragraph.
b.If the director of utilities has declared a Phase II, Phase III or Phase IV
water shortage pursuant to this Rule, respectively, violators shall receive
a citation and fine as specified below on a form that describes the nature
of the violation, the rule violated, the date on which it occurred and the
corrective measures to be taken:
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(1) Residential Water Users
i.For the first violation, $50.00.
ii.For the second violation, $100.00.
iii.For the third violation, $200.00.
iv.For a fourth and subsequent violations, $200. In addition,
the director of utilities may authorize the installation of a
flow restriction device at the customer’s expense or
terminate water service for flagrant or continuing disregard
by the customer of mandatory water shortage restrictions
including the designated days of watering. Such flow
restrictor installation or termination of service shall
continue until the director of utilities is satisfied that the
customer will comply with all water shortage rules going
forward. The water user shall also pay flow restrictor
installation costs and, in the case of service termination,
reconnection charges in effect at the time of service
termination in order to restore water service.
(2) Commercial and Public Agency Water Users
i.For the first violation, $100.00.
ii.For the second violation, $300.00.
iii.For the third violation, $600.00.
iv.For a fourth and subsequent violation, $600. In addition, the
director of utilities may authorize the installation of a flow
restriction device at the customer’s expense or terminate
water service for flagrant or continuing disregard by the
customer of mandatory water shortage restrictions including
the designated days of watering. Such flow restrictor
installation or termination of service shall continue until the
director of utilities is satisfied that the customer will comply
with all water shortage rules going forward. The water user
shall also pay all flow restrictor installation costs and, in the
case of service termination, reconnection charges in effect
at the time of service termination in order to restore water
service.
2.During a declared Phase II, III, or IV water shortage, the Water Utility may
impose a drought charge, per CCF (hundred cubic feet), in excess of a certain
threshold or for all CCF sales . The amount and threshold for such a drought
charge shall be established by the director of utilities, with Utility Board approval
at the time the drought charge is imposed. The amount and threshold for the
drought charge consider the following factors as determined appropriate by the
director of utilities: (1) declared water shortage Phase; (2) amount of water
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conserve, or to be conserved, by water users; (3) month of year and seasonal
variations in water demand by different types of water users; (4) average water
consumption by customer class as determined by meter size; (5) tiered rate
thresholds of existing Water Rate Schedule B or C in effect at the time a water
shortage Phase is declared; (6) projected unrecovered water utility expenses due
to conservation; and (7) drought-related expenses including, but not limited to,
enforcement, education, rebates, billing system revisions, and public
communications. The drought charge shall be subject to revision from time to
time based on changed circumstances upon recommendation by the director of
utilities and Utility Board approval.
F. APPEAL/HEARING REGARDING VIOLATIONS:
1.Any water user receiving notice of a violation of this Rule 21 shall have a right to
appeal the citation to the assistant director – customer care & solutions (or
designee) within ten (10) days of the notice of violation. The appeal, and the
basis for the appeal, shall be in writing and contain a contact email address or
telephone number in case further information or clarification is desired. The
decision by the assistant director shall be in writing and shall be made within 15
days of the appeal. For an appeal of a first citation, the decision of the assistant
director shall be final.
2.A water user may request a hearing by the director of utilities (or designee) to
appeal the decision by the assistant director for a second or subsequent citation.
The request for hearing shall be made in writing within ten (10) days of the
appeal decision.
3.The appeal hearing will be scheduled to occur within a reasonable period of time
following filing of the appeal. No formal rules of evidence shall apply. All
evidence customarily relied upon by reasonable persons in the conduct of serious
business affairs will be allowed, and the water user may present any such
evidence which shows the alleged violation of this Rule’s water use restrictions
has not occurred. The decision of the director of utilities will be given in writing
to the water user within 15 days after the appeal hearing, and that decision shall
be final.
G. ADDITIONAL MEASURES:
The utility board of the water utility may order implementation of water conservation
measures in addition to those set forth in this Rule. Such additional water conservation
measures shall be implemented by resolution published one time in a daily newspaper of
general circulation covering the service area of the water utility. Any prohibitions on the
use of water shall become effective immediately upon such publication.
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H. EFFECT ON PUBLIC HEALTH AND SAFETY:
Nothing in this Rule shall be construed to require the director of utilities to curtail the
supply of water to any water user when such water is required by that customer to
maintain an adequate level of public health and safety.
I. AZUSA MUNICIPAL CODE:
This Rule shall be consistent with Azusa Municipal Code Sections 78-501 through 78-
507 and Sections 78-510 through 78-515.
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