Township of Conewago, PA Water Conservation

Purpose and policy. This chapter sets forth uniform guidelines for imposing mandatory restrictions on water use within the service area of the Hanover Borough Water Department within Conewago Township, Adams County, Pennsylvania, for uniform enforcement of said restrictions throughout the service area.

The objectives of this chapter are:

(1)

To prevent depletion of the raw water supply during dry weather periods through the use of mandatory, enforceable water use restrictions.

(2)

To establish criteria for imposing mandatory water use restrictions.

(3)

To provide for enforcement of mandatory water use restrictions.

(4)

To provide penalties for violations of mandatory water use restrictions.

§ 150-2 Definitions; word usage.

The following words, terms and phrases, when used in this chapter, have the meanings ascribed to them in this section except where the context clearly indicates a different meaning. Words, terms and phrases are as follows:

BOROUGH

The Borough of Hanover, York County, Pennsylvania.

IMPROVED PROPERTY

Any property with a water service hookup.

MANDATORY WATER RESTRICTION

Any use of water from the Hanover Water Department Distribution System which is prohibited under the authority of this chapter.

NONESSENTIAL WATER USE

Any use of water which when curtailed does not affect the health or safety of the general public.

OWNER

Any person, including a tenant, vested with ownership, legal or equitable, sole or partial, of an improved property.

PERSON

Any individual, partnership, corporation, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by context.

RAINFALL DEFICIT

The negative difference between the total amount of rainfall received to date in any calendar year and the amount of rainfall normally received by the same date in the same calendar year as measured at the Hanover Borough Water Filtration Plant in inches.

RAW WATER CAPACITY

The total combined gallonage of untreated water stored in the Sheppard Myers and Lawrence Baker Sheppard Reservoirs, and wells, and water from Slagel Run, Conewago Township, and any additional sources which may be added from time to time.

RAW WATER CAPACITY TREND

The projected graphic presentation of the total stored raw water capacity gallonage change based on weekly total capacity readings.

SERVICE AREA

The entire geographical area of the Township in which there are customers receiving water supplied by the Hanover Borough Water Department.

STATE

The Commonwealth of Pennsylvania.

TOWNSHIP

The Township of Conewago, Adams County, Pennsylvania.

USER

Any person who withdraws potable water from the water distribution system owned and operated by the Hanover Borough Water Department.

"Shall" is mandatory; "may" is permissive.

§ 150-3 Implementation of conservation measures.

Upon a determination that a raw water supply shortage is ending, the Township may request general conservation of water uses and may impose mandatory water use restrictions deemed necessary to reduce or eliminate nonessential uses of water. The standards contained in Hanover Borough Ordinance No. 1907 are hereby adopted as the standards of the Township. Upon receipt of a notice from the Hanover Borough Water Department that such a shortage is impending, the Board of Township Supervisors or its Township Manager way impose the water conservation measures needed to reduce or eliminate nonessential uses of water.

§ 150-4 Regulations.

Once the determination is made that water use restrictions are justified under the criteria referred to above, either the Board of Township Supervisors or the Township Manager shall be authorized to declare an imminent shortage situation and impose mandatory water use restrictions in the service area.

The following water uses are declared nonessential, and any one or more of such nonessential uses may be prohibited within the service area:

(1)

The use of hoses, sprinklers or other means for sprinkling or watering of shrubbery, trees, lawns, grass, plants, vines, gardens, vegetables, flowers or any other vegetation.

(2)

The use of water for watering golf courses.

(3)

The use of water for washing automobiles, trucks, trailers, trailer houses or any other type of mobile equipment.

(4)

The washing of streets, driveways, parking lots, service station aprons, office buildings, exteriors of homes, sidewalks, apartments or other outdoor surfaces.

(5)

The operation of any ornamental fountain or other structures making a similar use of water.

(6)

The use of water for filling swimming or wading pools.

(7)

The operation of any water-cooled comfort air conditioning which does not have water-conserving equipment; air-cooled/water-cooled ice machines.

(8)

The use of water from fire hydrants for construction purposes, fire department drills or testing fire apparatus, except as deemed necessary and approved in the interest of public health or safety by the municipal health officials.

(9)

The use of water to flush sewer lines or sewer manholes.

(10)

The use of water for commercial farms or nurseries other than a bare minimum to preserve plants, crops or livestock.

(11)

The serving of water in restaurants, clubs or eating establishments unless specifically requested by the individual customer.

The restrictions shall apply only to water provided by Hanover Borough and its Water Department.

§ 150-5 Enforcement.

The Township Manager shall disseminate notice of the restriction and shall oversee the enforcement of these restrictions, including the use of police personnel as may be authorized by law. All non-law-enforcement personnel shall report any observed violation of any mandatory water use restriction to the Township Manager or his or her designee.

§ 150-6 Violations and penalties.

First-time violators shall be issued a warning notice by the Township Manager or his or her designee. Service of the notice addressed to occupants shall be complete upon posting on the door of the premises or by personal service upon any one occupant, owner or tenant of the premises.

A second violation shall be deemed a summary offense before the Magisterial District Judge with jurisdiction of the case. The fine for a violation of any provision of this chapter shall be not less than $200 nor more than $1,000 per violation, together with imprisonment not exceeding 30 days in jail.

Each day an offense occurs or continues shall be deemed a separate offense. If a person is personally notified of the violation and the individual continues to violate this chapter after being so notified, he or she shall be subject to prosecution even though the second violation occurs on the same day that the person receives the prescribed warning.

The sanctions imposed hereby are in addition to any civil penalty or injunctive relief available to the Township and in addition to a suspension of water service imposed by the Hanover Borough Water Department.

§ 150-7 Appeals.

Any user within the service area who feels that the mandatory water use restrictions in effect imposes an undue hardship upon their person or business may appeal to the Township Manager for relief Such appeal shall be in writing and shall clearly state all pertinent facts concerning the perceived hardship.

The Township Manager shall transmit the appeal to the Board which shall render a decision in writing within 45 days of receipt of any such appeal. The Board may grant exceptions to the mandatory water use restrictions on a case-by-case basis; however, the decision shall be in the best interest of all users of the water process system and shall be final. The appeal shall not act as a supersedeas as to the prior order to conserve water unless so ordered by the Board.