[Ord. 1028, 7/3/1996, § 1]
This local water rationing plan is intended to establish measures
for essential conservation of water resources and to provide for equitable
distribution of 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 within the emergency
service area.
[Ord. 1028, 7/3/1996, § 1]
This local water rationing plan shall apply to all water uses
within the service area of the Borough of Quakertown Water Department,
hereinafter referred to as “Water Department.”
[Ord. 1028, 7/3/1996, § 1]
1.
It is imperative that water customers within the emergency service
area achieve an immediate and further reduction in the 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 provide fire protection service.
2.
The objective of this local water rationing plan is to effect an
immediate 25% reduction in the water usage. This reduction equals
0.425 million gallons per day, based on the DRBC Docket No. D-92-79
CP total allocation for the system of 51.1 million gallons per 30
days. Should drought conditions continue, further reduction in usage
may be required. If it is necessary to implement further reductions,
this plan will be modified as noted § 344 of this Part.
It is the Water Department's responsibility to continually monitor
on-hand quantities to determine if amendments are required.
3.
The plan provides for equitable reductions in water usage on the
part of each water customer. The success of this plan depends on the
cooperation of all water customers in the emergency service area.
[Ord. 1028, 7/3/1996, § 1]
1.
The following water uses are declared nonessential and are prohibited
within the emergency service area:
A.
The watering of lawns.
B.
The watering of outdoor gardens, landscaped areas, trees, shrubs
and other outdoor plants, except by means of a bucket, pail or hand-held
hose equipped with an automatic shutoff nozzle between the hours of
5:00 p.m. and 9:00 a.m.
C.
The noncommercial washing of automobiles and trucks.
D.
The washing of streets, driveways and sidewalks.
E.
The serving of water in restaurants, clubs or eating places unless
specifically requested by the individual.
F.
Ornamental use, including but not limited to fountains, artificial
waterfalls and reflecting pools.
G.
The use of water for flushing sewers or hydrants by any public or
private individual or entity except as deemed necessary and approved
in the interest of public health or safety by municipal health officials.
H.
The use of fire hydrants by fire companies for testing fire apparatus
and for fire department drills except as deemed necessary in the interest
of public safety and specifically approved by the Borough Council.
I.
The use of fire hydrants by Borough road departments, contractors
and all others, except as necessary for fire-fighting or fire protection
purposes.
J.
The use of water to fill and top off swimming pools.
2.
Exemption or Variance from Nonessential Uses of Water Restrictions.
A.
If compliance with the nonessential use of water restrictions would
result in extraordinary hardship upon a water user, the water user
may apply for an exemption or variance. For purposes of this section,
“extraordinary hardship” means a permanent damage to property
or other personal or economic loss which is substantially more severe
that the sacrifices borne by the water users subject to the nonessential
use of water restrictions.
B.
A person or business entity believing he suffers an extraordinary
hardship and desiring to be wholly or partially exempt from the restrictions
or the nonessential use of water shall submit a written request with
full documentation supporting the need for the requested relief to
the Borough Manager. The application shall contain information specifying:
C.
The Borough Manager shall advise the applicant of its decision regarding
the application. An exemption or variance will be granted only to
the extent necessary to relieve extraordinary hardship.
D.
Any person aggrieved by a decision relating to such an exemption
or variance rendered by the Borough of Quakertown or the Public Utility
Commission may also file an appeal with the Commonwealth Drought Coordinator,
who shall render a final decision.
[Ord. 1028, 7/3/1996, § 1]
Each and every water customer, regardless of whether residential,
commercial, industrial, municipal, institutional or other type of
user, shall achieve the water use reduction set forth in this local
water rationing plan. In order to achieve the overall objectives of
the plan, the water use restrictions and limitations set forth in
§§ 336-338 shall apply.
[Ord. 1028, 7/3/1996, § 1]
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 40 gallons per day
for each resident of the household. Households with only one permanent
resident will have a daily allotment of 55 gallons.
C.
Residential water customers are required to provide Water Department
personnel with reasonable access to read meters as necessary to implement
this rationing plan. Where access is not readily available, the Water
Department shall make all reasonable efforts to contact customers
in order to arrange for access to read meters. In the event a water
customer does not allow Water Department personnel entry to read the
meter, after the Water Department has made reasonable efforts to arrange
for such access, the dwelling unit (household) allotment will be reduced
to 55 gallons per day.
2.
Variance and Exceptions.
A.
Where the residential allotment provided under this section would
create extraordinary hardship, as in the case of special health-related
requirements, the water customer may apply to the Borough Manager
for an exemption or variance from these requirements. If the Borough
Manager finds that the allotment provided in this section would impose
extraordinary hardship, the Borough Manager may establish a revised
allotment for the particular customer. For these purposes, an "extraordinary
hardship" means a permanent damage to property or economic loss which
is substantially more severe that the sacrifices borne by other water
users subject to this water rationing plan.
B.
Any person aggrieved by a decision relating to such an exemption
or variance rendered by the Borough Manager may file a complaint with
the Public Utility Commission in accordance with the procedures established
under the Public Utility Code.
C.
Any person aggrieved by a decision relating to such an exemption
or variance rendered by the Borough Manager or Public Utility Commission
may also file an appeal with the Commonwealth of Drought Coordinator,
who shall render a final decision.
[Ord. 1028, 7/3/1996, § 1]
1.
Nonresidential customers include commercial, industrial, institutional,
public and all other users, with the exception of hospitals and health
care facilities.
2.
Nonresidential water customers shall reduce their water usage by
a minimum of 25% of use levels for the same quarter of the preceding
year.
3.
It is the primary responsibility of each nonresidential water customer
to meet its mandated water use reduction goal in whatever manner possible.
4.
The Water Department will establish a water allotment for each nonresidential
water customer, based upon a required 25% reduction of water usage
from the rate of water used by the customer in the same quarter of
the preceding year or the last recorded use level if no meter readings
record the rate of the customer's use in the same quarter of
the preceding year.
5.
Each nonresidential water user shall provide to Water Department
personnel for purposes of meter reading and monitoring of compliance
with this plan. The Water Department shall make all reasonable efforts
to contact customers to arrange for access.
6.
Variance.
A.
If the mandated 25% reduction in water usage cannot be obtained without
imposing extraordinary hardship threatening health and safety, the
nonresidential customer may apply to the Borough Manager 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 the other water users subject to this water
rationing plan. If the Borough Manager finds that the 25% reduction
would cause extraordinary hardship or threaten health or safety, the
Borough Manager may grant a variance and establish a revised water
use reduction requirement for the particular customer.
B.
Any person aggrieved by a decision relating to such a variance rendered
by the Borough Manager may file a complaint with the Public Utility
Commission in accordance with the procedures established in the Public
Utility Code.
C.
Any person aggrieved by a decision relating to such a variance rendered
by the Borough Manager or the Public Utility Commission may also appeal
the decision to the Commonwealth Drought Coordinator, who shall render
a final decision.
[Ord. 1028, 7/3/1996, § 1]
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 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 25% reduction in the institution's
water usage.
[Ord. 1028, 7/3/1996, § 1]
1.
The Borough Manager will have lead responsibility for monitoring
of compliance with this water rationing plan.
2.
The Borough Manager is also authorized to alter meter reading schedules
to assure adequate monitoring of compliance with the plan.
3.
The Water Department shall institute procedures to closely monitor
supplies and current usage to determine if reductions are being attained
consistent with the target figures established in the plan. The Borough
Manager shall establish a mechanism to advise the water users of the
effect of rationing.
4.
Proper law enforcement authorities and private citizens have additional
enforcement responsibilities and rights as specified in § 342
of this local water rationing plan.
[Ord. 1028, 7/3/1996, § 1]
1.
In order to achieve water use reductions to prevent the Borough of
Quakertown public water supply system from depleting its on-hand water
supply to the point that vital service demands including, but not
limited to, public health care facilities cannot be met, the Water
Department shall implement a temporary service interruption to the
extent it is necessary.
2.
The following provisions shall govern the implementation of temporary
service interruptions:
A.
In order to effectuate compliance with this plan, the Water Department
is hereby authorized and required to plan and implement temporary
service interruptions to all or part of its water supply system, as
the Water Department may deem appropriate, when any and/or all of
the following conditions are determined by the Water Department to
exist, as to its water supply system:
(1)
A 25% reduction, which equals 0.425 mgd, in system-wide water
usage has not been achieved.
(2)
The 25% reduction in system-wide water usage has been achieved
but has failed to have a significant impact in extending limited water
supplies.
(3)
Temporary service interruptions are necessary in order to further
extend limited and/or dwindling water supplies.
B.
Temporary Service Interruptions.
(1)
In the event that the Water Department determines that a temporary
service interruptions are necessary, the Water Department shall notify
its customers through the public media (newspaper, radio, telephone
and television) serving the customers of the Water Department in its
service territory, at least one day prior to the temporary service
interruptions, that a planned, temporary service interruption is to
be imposed.
(2)
In addition, the Water Department shall notify the Commonwealth
Drought Coordinator, the local coordinator of emergency management,
local public health authorities, the Pennsylvania Emergency Management
Agency, the regional office of the Department of Environmental Protection
and the Pennsylvania Public Utility Commission Bureau of Safety and
Compliance.
(3)
Such notice shall:
(a)
State the day or days when the planned, temporary service interruptions
will occur.
(b)
State the time(s) when such planned, temporary service interruptions
will commence and the time(s) such interruptions will cease.
(c)
State whether the planned, temporary service interruptions are
to be imposed on the entire system or a part thereof, and, if only
part(s) of the system will experience planned, temporary service interruptions,
identify the geographical boundaries within which the planned, temporary
service interruptions will occur.
(d)
Advise all customers within the areas affected by planned, temporary
service interruptions how to treat any water received from the system,
for human consumption, during the period(s) of planned, temporary
service interruptions and for such additional time as may be necessary
until full pressure is restored to the system.
C.
If the Water Department imposes planned, temporary service interruptions
as authorized and required by this plan, it will 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 the Water Department implements planned, temporary service interruptions,
it will 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.
[Ord. 1028, 7/3/1996, § 1]
Any residential or nonresidential water customer who exceeds
the allotments established pursuant to this local water rationing
plan will be subject to the following excess use charge provisions:
A.
The Water Department shall collect an excess use charge based on
the amount by which a customer's use exceeds the water allotments
established pursuant to the local water rationing plan, computed in
accordance with the following schedule:
|
Excess Usage Per Month
|
Charge for Excess
| |
|---|---|---|
|
First 2,000 gallons or portion thereof
|
$3 per 1,000 gallons or portion thereof
| |
|
Each 1,000 gallons or portion thereof thereafter
|
$6 per 1,000 gallons or portion thereof
|
B.
Any monies collected by the Water Department through excess use charges
shall not be accounted for as income to the Water Department but shall
be placed by the Water Department in a reserve account.
C.
In addition to the excess use charge, noncompliance with the water
rationing plan will result in the following:
(1)
For the first excess use, a warning of possible discontinuation shall
be issued to the customer by the Water Department.
(2)
For the second or subsequent excess use, the Water Department may
interrupt or shut off service to the customer for a period not to
exceed 48 hours, or, if the customer provides access, the Water Department
may install a flow restriction in the customer's service line
for the duration of the emergency. The cost incurred by the Water
Department to interrupt or shut off and reinstate service or to install
and remove a flow restriction shall be assessed to the water customer
by the Water Department.
(3)
Penalties as provided for in § 342 of this Part.
D.
Any customer or other person aggrieved by a decision or action by
the Borough of Quakertown imposing an excess use charge or other remedy
for noncompliance with the requirements of this plan may proceed in
accordance with the following provisions:
(1)
The Borough Manager shall adopt procedures which provide an opportunity
for the customer or aggrieved party to rebut the finding of a violation
or evidence of circumstances beyond the customer's control which
resulted in the violation. The Borough Manager will keep a record
of evidence presented regarding disputed violations and will provide
the customer or aggrieved party with a written notice of Borough Manager's
final decision and action in such cases.
(2)
Any person aggrieved by the final decision or action of the Borough
Manager may file a complaint with the Public Utility Commission in
accordance with the procedures established under the Public Utilities
Code, 66 Pa.C.S.A. § 101 et seq.
(3)
Any person aggrieved by the final decision or action of the Borough
Manager or the Public Utility Commission may file an appeal with the
Common Pleas Court in Bucks County, in accordance with the provisions
and procedures of the Local Agency Law, 2 Pa.C.S.A. §§ 551-555,
751-754.
[Ord. 1028, 7/3/1996, § 1]
Any person who violates the provisions of this plan, who fails
to carry out duties and responsibilities imposed by this plan, or
who impedes or interferes with any action undertaken or ordered pursuant
to this plan shall be subject to the penalties provided by law under
35 Pa.C.S.A. § 7707. Violation of any provision of this
Part 3C is a summary offense enforceable by law enforcement officer
or private citizens in accordance with 234 Pa. Code, Chapter 50 (relating
to summary cases), and Chapter 6000 (relating to Rules of Criminal
Procedures for the Municipal Court of Philadelphia).
[Ord. 1028, 7/3/1996, § 1]
Nothing in this local water rationing plan shall in any way
limit or affect the power or authority of any political subdivision
to adopt and enforce ordinances, rules, restrictions and orders for
water conservation and protection of essential water supplies, provided
that such ordinances rules and restrictions are not inconsistent with
the requirements of this plan.
[Ord. 1028, 7/3/1996, § 1]
The Water Department, under the provisions of this plan may,
at any time, submit proposed additions to or amendments of this plan
to the Commonwealth Drought Coordinator.
[Ord. 1028, 7/3/1996, § 1]
This plan shall remain in effect until terminated by action
of the Governor or by order of the Pennsylvania Emergency Management
Council.
[Ord. 1028, 7/3/1996, § 1]
This plan shall take effect immediately upon adoption by the
Pennsylvania Emergency Management Council.
