[Adopted 9-16-1986 by Ord. No. 790]
A. 
At such time as the average daily flow of Ridley Creek falls below 6.8 million gallons per day or the average daily flow of Chester Creek falls below 14.0 million gallons per day or at any time when the average daily flow of both streams together falls below 20.8 million gallons per day, a drought watch shall be in effect.
B. 
At such time as a drought watch is in effect, the Media Water Company shall by all reasonable methods notify the users of water of Media Water Company of the condition and recommend to such users a voluntary restriction of water use, restricting consumption by approximately 5% to 10% of the normal use as measured by water consumption for the same quarter of a year of the previous year.
C. 
The measures of communication may include newspaper publication, notification by cable television and notification by information contained in water bills.
D. 
Water users shall be urged to voluntarily restrict all nonessential uses of water, including the use of water for watering lawns; the use of water for irrigation and watering outdoor gardens, landscaped areas, trees, shrubs and other outdoor plants by means other than by hand-held hose; the use of water for washing paved surfaces, such as streets, roads, driveways, garage parking areas, tennis courts and patios; the voluntary restriction of water used for ornamental purposes, including fountains, artificial waterfalls and reflecting pools; the use of water for washing or cleaning automobiles, trucks, trailers and boats; the voluntary restriction of the use of water in restaurants and eating places unless specifically requested; and the voluntary restriction on the use of water for filling or topping off swimming pools.
E. 
During the period of time of a drought watch, all water users are requested to undertake a survey to determine any leakage which may be taking place as a result of inefficient appliances and valves. Customers will be urged to compare water usages with similar water usages in the year prior thereto and, if water use appears to be higher, to undertake an inspection to determine if any leaks or waste is taking place.
F. 
During the period of time of a drought watch, the Borough of Media, operating the Media Water Company, shall continue to inform the public as to the continuation of the drought watch, the termination of the drought watch or the onset of a drought warning.
A. 
At such time as the stream flow of Ridley Creek falls below 5.91 million gallons per day (Media's capacity plus flow-by required) or the average daily flow of Chester Creek falls below 13 million gallons per day (Media's capacity plus flow-by required) or at any time when the average daily flow of both streams together falls below 18.91 million gallons per day (Media's capacity plus flow-by required), a drought warning shall be declared. In the period of time of a drought warning, all nonessential use of water is prohibited. The following are considered nonessential uses of water:
(1) 
The use of hoses, sprinklers or other means for the sprinkling or watering of shrubbery, trees, lawns, grass, plants, vines, gardens, vegetables, flowers or other vegetation.
(2) 
The use of water for washing automobiles, trucks, trailers, trailer houses or any other type of mobile equipment.
(3) 
The washing of streets, driveways, parking lots, service station aprons, office buildings, exteriors of homes, sidewalks, apartments or other outdoor surfaces.
(4) 
The operation of any ornamental fountain or other structure making a similar use of water.
(5) 
The use of water for filling swimming or wading pools.
(6) 
The operation of any water-cooled comfort air conditioning which does not have water-conserving equipment.
(7) 
The use of water from fire hydrants for construction purposes or fire drills.
(8) 
The use of water to flush a sewer line or sewer manhole.
(9) 
The use of water for commercial farms and nurseries other than a bare minimum to preserve plants, crops and livestock.
B. 
Notice of the drought warning condition shall be sent to all customers and other reasonable methods shall be used, which may include notice of the effect by newspaper advertisement and notification by cable television.
C. 
The drought warning shall continue until formally removed or until a drought emergency is declared by the Borough of Media.
D. 
Procedures for exemption from nonessential water use restriction.
(1) 
If the compliance with the nonessential use of water restrictions would result in extraordinary hardship upon a water user, the user may apply for an exemption.
(2) 
For the purpose of this subsection, "extraordinary hardship" means a permanent damage to property or other personal or economic loss which is substantially more severe than the sacrifices borne by other water users subject to the nonessential use of water restrictions.
(3) 
A person or business believing an extraordinary hardship will exist and desiring to be wholly or partially exempt from the restrictions may apply for an exemption under the following procedures: by making an application to the Secretary of the Borough of Media specifying the nature of the hardship claimed and the reason for the exemption. The application shall include the efforts taken by the applicant to otherwise conserve water without suffering the extraordinary hardship. The application shall be heard by the Council of the Borough of Media or by a person designated to hear such matters, and, upon review, the Borough Council shall make its determination, in writing, within 10 days of the date of application.
(4) 
The exemption shall be granted only to the extent necessary to relieve extraordinary hardships. The exemption approved by the Council may be modified or rescinded should public health, safety or welfare require further reduction of water use.
E. 
Penalties and enforcement. Any person who violates the restrictions imposed under the drought warning may be subject to the restriction of water by the water company either by adjusting the outside water valve connection in a manner which will restrict the water flow by up to 1/2 or otherwise restricting the flow of water to the property.
A. 
At such time as the average daily flow in Ridley Creek falls below 5.5 million gallons per day (allocations without flow-by) or the average daily flow of Chester Creek falls below 8.5 million gallons per day (allocations without flow-by) or at any time when the average daily flow of both streams together falls below 14 million gallons per day (allocations without flow-by) and, in addition, when it appears by the judgment of the Media Water Company that it is unable to supply all of the needs of the users of the Media Water Company without a restriction of water use of up to 20%, a drought emergency shall be declared.
B. 
The objective of the water rationing plan is to achieve immediate and significant reduction in the water use in the areas served by the Media Water Company 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 provide fire protection services. Water rationing is designed to effect an immediate twenty-five-percent reduction in water usage. In addition to the prohibitions imposed by the declaration of the drought warning conditions as hereinbefore stated and if a drought warning condition has not previously been declared, all of the restrictions on nonessential uses shall take place.
C. 
The following water use restrictions for residential users will be in effect:
(1) 
Metered residential water customers:
(a) 
Each dwelling unit household shall be allotted 40 gallons per day for each resident of the household. Households with only one permanent resident will have a daily allotment of 55 gallons per day.
(b) 
Residential water customers of the Media Water Company shall provide personnel of the Water Company with reasonable access to read meters as necessary to implement this rationing plan. Where access is not readily available, the water company shall make all reasonable efforts to contact the customers in order to arrange for access to read the water meters. In the event that a water customer does not allow the water company personnel to enter and read the meter, the dwelling unit will be reduced to 55 gallons per day.
D. 
Hardship. Where residential water allotment provided under this section would create extraordinary hardship in the case of special health requirements, the customer may apply to the water company for an exemption or variance from these requirements. If the water company finds that the allotment provided in this section would impose extraordinary hardship, the company may establish a revised allotment for the particular customer. Any person aggrieved by the decision of the water company may file a complaint with the Pennsylvania Public Utility Commission according to the procedures established under the Public Utility Code or, in the case of a customer residing within the Borough of Media, an appeal may be filed in the Court of Common Pleas of Delaware County according to the provisions of the Local Agency Law.
E. 
Nonmetered residential water customers. 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 40 gallons per day per capita served or 75% of the water used by the entire system during the same quarter of the preceding year, whichever is greater. The conservation methods for nonmetered customers will be effected by means of written communication to said nonmetered residential customers requiring the following:
(1) 
Locate and repair all leaks in faucets, toilets and water-using appliances.
(2) 
Use automatic washing machines and dishwashers only with full loads.
(3) 
Take shorter showers and shallower baths.
(4) 
Install flow restrictors in showerheads and faucets.
(5) 
Reduce the number of toilet flushes per day.
F. 
Water use restrictions for nonresidential water customers.
(1) 
Nonresidential water customers shall include commercial, industrial, institutional, public and all other users, with the exception of hospitals and health care facilities. Nonresidential water customers shall reduce their water usage by a minimum of 25% of the use levels for the same quarter of the preceding year. The Media Water Company hereby establishes a water allotment for each nonresidential water customer based on a required twenty-five-percent reduction in water usage from the rate of water used by the customer in the same quarter of the preceding year.
(2) 
Each nonresidential water user shall provide access to the water company for the purpose of meter reading and monitoring the compliance with its plan.
(3) 
If the twenty-five-percent reduction cannot be obtained without imposing extraordinary hardship threatening the health and safety of nonresidential customers, the nonresidential customer may apply to the water company for an exemption 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 plan. If such an extraordinary hardship is to be suffered, the water company may grant an exemption and establish a revised water use reduction requirement for the particular customer. Any person aggrieved by a decision relating to such exemption may file a complaint with the Pennsylvania Public Utility Commission, if the customer exists beyond the corporate boundaries of the Borough of Media, or with the Court of Common Pleas of Delaware County if the customer is within the Borough of Media.
G. 
Water use restrictions for hospitals and health care facilities.
(1) 
Hospitals and health care facilities shall comply with all restrictions imposed on all residential and nonresidential water customers as may be applicable to each individual institution, to the extent that compliance will not endanger the health of the patients or residents of the institution.
(2) 
Each hospital and 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 patients or residents to achieve a twenty-five-percent reduction in the institution's water usage. The methods of reduction of water usage shall be:
(a) 
Reduce laundry usage or services by changing bed linens only where necessary to preserve the health of patients or residents.
(b) 
Use disposable food service items.
(c) 
Eliminate appropriate elective surgical procedures during the period of emergency.
H. 
Enforcement of the water rationing plan.
(1) 
In order to effectuate the water rationing plan, the Media Water Company does hereby establish a plan of temporary service interruptions for all or part of its water supply system as the water company shall deem appropriate. It may be called into effect when the following occurs:
(a) 
A twenty-five-percent reduction in system-wide water usage shall not be achieved.
(b) 
A twenty-five-percent reduction has been achieved but has failed to have a significant impact in extending the limited water supply and/or temporary service interruptions are necessary to extend the limited or dwindling water supply.
(2) 
In the event that the Media Water Company determines that temporary service interruptions are necessary, the water company shall notify customers through the use of newspapers, cable television and, if efficient, by mail of the planned temporary service interruption to be imposed. The notice shall indicate the day or days when temporary service interruption will occur, the times when such temporary service interruption will begin and end and notify customers that, during times of the temporary service interruption, any water received from the system shall be for human consumption until such time as full pressure is restored to the system. When temporary service interruption is authorized, the water company will provide for continuous delivery of water to health care facilities by means of adequate alternative delivery measures.
I. 
Penalties.
(1) 
Any residential or nonresidential water customer who exceeds the allotments established pursuant to this water rationing plan will be subject to the following excess use charges:
(a) 
Excess use charges shall be based upon the amounts by which a customer's use exceeds the water allotment established pursuant to the water rationing plan, 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
$15.00 per 1,000 gallons or portion thereof
(2) 
Any money collected through excess use charges shall not be accounted for as income to the water company but shall be placed in a reserve account and shall be governed as follows:
(a) 
The funds collected shall be disposed of as directed by the orders and procedures adopted by the Pennsylvania Public Utility Commission.
(b) 
Any funds collected which are not subject to the jurisdiction of the Public Utility Commission shall be disposed of in accordance with the directions of the Commonwealth Drought Coordinator.
(3) 
In addition to the excess use charges, noncompliance with the water rationing plan will result in the following:
(a) 
For the first excess use, a warning of possible discontinuation shall be given.
(b) 
For the second or subsequent excess use, the Media Water Company may shut off services to the customer for a period not to exceed 48 hours. The costs incurred for shutoff and for reinstating services shall be assessed to the water customer by the Media Water Company.
J. 
The Media Water Company may alter its reading schedules to assure adequate monitoring and compliance with this plan.
K. 
The Media Water Company will initiate an extensive program of leak detection with the use of leak detection equipment. All leaks detected will be immediately repaired under the program.