§ 26-62. Water rationing phase.

(a)

Purpose. The purpose of this section is to provide for the declaration of rationing for equitable distribution of critically short water supplies. Nothing in this section shall be construed to interfere with common law riparian or statutory water rights.

(b)

Definitions. As used in this section, the following words and terms shall have the following meanings:

Allotment means the maximum quantity of water allowed for each customer over any applicable period as established in the provisions of this section.

City is City of Owensboro, Kentucky.

City's Governing Body is the Owensboro mayor and commissioners.

Customer means any person using water for any purpose from the city's water distribution system and for which either a regular charge is made or, in the case of bulk sales, a cash charge is made at the site of delivery.

Excess Use means the usage of water by a water customer in excess of the water allotment provided under the provisions of this section for that customer, over any applicable period.

Nonresidential Customer means commercial, industrial, institutional, public and all other such users, with the exception of hospitals and health care facilities.

Rationing means procedures established to provide for the equitable distribution of critically limited water supplies, in order to balance demand and limited supplies, in order to balance demand and limited available supplies and to assure that sufficient water is available to preserve public health and safety.

Residential Customer means any customer who receives water service for a single-or multifamily dwelling unit. The term "residential customer" does not include educational or other institutions, hotels, motels, or similar commercial establishments.

OMU and Utility is Owensboro Municipal Utilities.

Service Interruption means the temporary suspension of water supply, or reduction of pressure below that required for adequate supply, to any customer, portion of a water supply, or entire system.

Water Supplies means water available to the city for treatment by virtue of its water rights or withdrawal permit or any treated water introduced by the city into its water distribution system, including water offered for sale.

(c)

Declaration of Rationing. Whenever OMU finds a need to provide for the equitable distribution of critically limited water supplies in order to balance demand and limited available supplies and to assure that sufficient water is available to preserve public health and safety, it shall be empowered to declare by resolution the adoption of mandatory rationing.

(d)

Objectives of Rationing.

(1)

It is imperative that water customers achieve an immediate further reduction in water use in order to extend existing water supplies and, at the same time, assure that sufficient water is available to preserve the public health and sanitation and to provide fire protection service.

(2)

Should shortages continue, further reductions in usage may be required. The additional usage reduction in the rationed area must be a valid and attainable goal reflective of the conditions which currently exist.

(3)

The plan provides for equitable reductions in water usage and for equal sacrifice on the part of each water customer. The success of this appendix depends on the cooperation of all water customers in the emergency area.

(e)

Water Use Rationing for Residential Customers.

(1)

Metered residential water customers and allotments.

a.

The number of permanent residents in each dwelling unit (household) will determine the amount of water that each household will be allowed.

b.

Each dwelling unit (household) shall be allotted forty (40) gallons per day for each resident of the household. Households with only one (1) permanent resident will have a daily allotment of fifty-five (55) gallons.

c.

Residential water customers are required to provide OMU personnel with reasonable access to read meters as necessary to this rationing declaration. Where access is not readily available, all reasonable efforts to contact customers in order to arrange for access to read meters shall be made. In the event a water customer does not allow entry to read the meter after reasonable efforts to arrange for such access, the dwelling unit (household) allotment will be reduced to fifty-five (55) gallons per day; forty (40) gallons for households with only one (1) permanent resident.

d.

Exemptions; variances.

1.

Where the residential water allotment provided under this section would create an extraordinary hardship, as in the case of special health-related requirements, the water customer may apply to OMU for an exemption or variance from these requirements. If it is found that the allotment provided in this section would impose an extraordinary hardship, a revised allotment for the particular customer may be established.

2.

Any person aggrieved by OMU's decision relating to such an exemption or variance may file an appeal with the city's governing body as provided by law.

(2)

Nonmetered residential water customers and allotments.

a.

In order to effectively implement and monitor the residential water conservation effort, a water allotment shall be established for the entire water system based on forty (40) gallons per day per capita served or fifty (50) percent of the water used by the entire system during August 1987.

b.

OMU will establish a communication system with the customers through public media to inform them of the requirements of the water rationing provisions of this section, possible conservation measures that customers may employ, the system allotment, and a regularly scheduled report of whether the usage was within the allotment.

(3)

Metered and nonmetered residential customers of the same water supply system. Where a water supply system serves both metered and nonmetered residential customers, the allotments and procedures provided under both subsections (e)(1) and (e)(2) of this section shall be applied, as appropriate.

(f)

Water Use Rationing for Nonresidential Water Customers.

(1)

Nonresidential water customers shall further reduce their water usage to fifty (50) percent of use levels during August 1987.

(2)

It is the primary responsibility of each nonresidential water customer to meet its mandated water use reduction goal in whatever manner possible.

(3)

OMU will establish a water allotment for each nonresidential water customer, based upon a required further reduction of water usage from the rate of water used by the customer in effect on August 31, 1987, or the last recorded use level if no meter readings record the rate of the customer's use on August 31, 1987.

(4)

Each nonresidential water customer shall provide access to OMU personnel for purposes of meter reading and monitoring of compliance with this section. All reasonable efforts will be made to contact customers to arrange for access.

(5)

Variances.

a.

If the mandated further reduction in water usage cannot be obtained without imposing an extraordinary hardship which threatens health and safety, the non-residential customer may apply to OMU for a variance. For these purposes "extraordinary hardship" means a permanent damage to property or economic loss which is substantially more severe than the sacrifices borne by other water users subject to this water rationing ordinance. If the further reduction would cause an extraordinary hardship or threaten health or safety, a variance may be granted and a revised water use reduction requirement for the particular customer may be established.

b.

Any person aggrieved by a decision relating to such a variance rendered by OMU may file an appeal to the city's governing body as provided by law.

(6)

OMU will provide each nonresidential customer with suggested means to reduce usage levels.

(g)

Water Use Rationing for Hospitals and Health Care Facilities.

(1)

Hospitals and health care facilities shall comply with all restrictions imposed on residential and nonresidential water customers as may be applicable to each individual institution, to the extent compliance will not endanger the health of the patients or residents of the institution.

(2)

Each hospital or health care facility shall survey its water usage patterns and requirements and implement such additional conservation measures as may be possible without endangering the health of its patients or residents to achieve a further reduction in the institution's water usage.

(3)

OMU will provide each hospital and health care facility with suggested means to reduce usage levels.

(h)

Enforcement of Water Rationing.

(1)

OMU will have the responsibility for monitoring of compliance with this section.

(2)

The following provisions shall govern the implementation of service interruption:

a.

In order to effectuate compliance with this section, OMU is hereby authorized and required to plan and implement service interruptions to all or part of its water supply system, as may be deemed appropriate, when any and/or all of the following conditions are determined to exist:

1.

The mandated reduction in systemwide usage has not been achieved; and/or

2.

The mandated reduction in systemwide water usage has been achieved, but has failed to have a significant impact in extending limited water supplies; and/or

3.

Service interruptions are necessary in order to further extend limited and/or dwindling water supplies.

b.

In the event it is determined that service interruptions are necessary, OMU shall notify its customers that a planned service interruption is to be imposed. This shall be done through the public media (newspapers, radio, and television) and at least one (1) day prior to the service interruptions.

Such notice shall:

1.

State the day or days when the planned service interruptions will occur;

2.

State the time(s) when such planned service interruptions will commence, and the time(s) such interruptions will cease;

3.

State whether the planned service interruptions are to be imposed on the entire system, or part thereof, and if only part(s) of the system will experience planned service interruptions, identify geographic boundaries within which such interruptions will occur; and

4.

Advise all customers within the areas affected by planned service interruptions how to treat any water received from the systems, for human consumption, during the period(s) of such interruptions and for such additional time as may be necessary until full pressure is restored to the system.

c.

If a planned service interruption is imposed as authorized and required by this section, it must provide for the continued delivery of water to health care facilities within the area(s) affected by such interruptions, by means of any adequate, alternative delivery measures that may be necessary.

d.

If a planned service interruption is implemented, it must make provision, by any means possible, for the continued delivery of such water as may be necessary for the proper operation of sewage collection, treatment, and disposal systems and facilities.

(3)

Any residential or nonresidential water customer who exceeds the allotments established pursuant to this water rationing will be subject to the following excess-use charges:

a.

Excess-use charges will be collected based on the amount by which a customer's use exceeds the water allotments established pursuant to the local water rationing declaration, computed in accordance with the following schedule:

Excess Usage Per Month	Charge for Excess
First 2,000 gallons or portion thereof	$7.00 per 1,000 gallons or portion thereof
Each 1,000 gallons or portion thereof thereafter	$15.00

 

b.

Any monies collected through excess-use charges shall not be accounted for as income, but shall be placed in a reserve account that is dedicated to addressing water shortage problems and water conservation initiatives.

(4)

In addition to the excess-use charge, noncompliance with the water rationing provisions of this appendix will result in the following:

a.

For the first excess use, a warning of possible discontinuation shall be issued to the customer.

b.

For the second or subsequent excess use, service for the customer may be interrupted or shut off for a period not to exceed forty-eight (48) hours, or, if the customer provides access, a flow restrictor may be installed in the customer's service line for the duration of the emergency. The cost incurred to interrupt or shut off and reinstate service, or to install and remove a flow restrictor, shall be assessed to the water customer.

(5)

Meter reading schedules are authorized to be altered to assure adequate monitoring of compliance with this section.

(6)

Any customer or other person aggrieved by a decision or action imposing an excess-use charge or other remedy for noncompliance with the requirements of this section may proceed in accordance with the following provisions:

a.

OMU shall adopt procedures which provide an opportunity for the customer or aggrieved party to rebut the finding of a violation, or provide evidence of circumstances beyond the customer's control which resulted in the violation. A record of evidence regarding disputed violations shall be kept, and a written notice of the city's final decision and action in such cases shall be provided to the customer or aggrieved party.

b.

Any person aggrieved by the final decision or action of OMU may file an appeal with the city's governing body as provided by law.

(i)

Shortage Water Rates. Upon the declaration of water rationing as provided in subsection (c) of this section, the governing body of the city shall have the power to adopt shortage water rates, by ordinance, designed to conserve water supplies. Such rates may provide for, but not be limited to:

(1)

Higher charges per unit for increasing usage (increasing block rates);

(2)

Uniform charges for water usage per unit of use (uniform unit rate);

(3)

Extra charges for use in excess of a specified level (excess demand surcharge); or

(4)

Discounts for conserving water beyond specified levels.

(j)

Regulations. During the effective period of water rationing as provided for in subsection (c) of this section, OMU is empowered to promulgate such regulations as may be necessary to carry out the provisions of this section, any water supply shortage resolution, or water shortage rate ordinance. Such regulations shall be subject to the approval of the governing body at its next regular or emergency meeting.

(k)

Penalties. Any person who violates the provisions of this section, who fails to carry out the duties and responsibilities imposed by this section, or who impedes or interferes with any action undertaken or ordered pursuant to this section shall be subject to the following penalties:

(1)

If OMU learns of any violation of any water use restriction imposed pursuant to this section, a written notice of the violation shall be affixed to the property where the violation occurred and mailed to the customer of record and to any other person known to OMU who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, cured, or abated immediately or within such specified time as OMU determines is reasonable under the circumstances. If the order is not complied with, OMU may terminate water service to the customer subject to the following procedures:

a.

OMU shall give the customer notice by mail that, due to the violation, water services will be discontinued within a specified time and that the customer will be entitled to a hearing schedule before OMU or its designated hearing officer;

b.

If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and

c.

The hearing officer shall make findings of fact and order whether service should continue or be terminated.

(2)

A fee of fifty dollars ($50.00) shall be paid for the reconnection of any water service terminated pursuant to subsection (k)(1). In the event of subsequent violations, the reconnection fee shall be two hundred dollars ($200.00) for the second violation and three hundred dollars ($300.00) for each additional violation.

(Ord. No. 20-89, App. A, 5-2-89)