[HISTORY: Adopted by the Board of Supervisors of Buchanan
County as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
[In regard to statutory references, unless the County specifically
amends the statutory provisions to the contrary or repeals the statutory
provisions, future amendments to said statute shall take effect as
provided by law.]
[Adopted 6-6-2011]
A.
During the continued existence of climatic, hydrological and other
extraordinary conditions the protection of the health, safety and
welfare of the residents of Buchanan County may require that certain
uses of water, not essential to public health, safety and welfare,
be reduced, restricted or curtailed. As the shortage of raw or potable
water becomes increasingly more critical, conservation measures to
reduce consumption or curtail nonessential water use may be necessary.
The definitions, water emergency criteria, and water use restrictions
referenced in this article are presented in greater detail in the
Southwest Virginia Regional Water Supply Plan, which is incorporated
herein by reference.[1]
[1]
Editor's Note: Said plan is on file in the County offices.
B.
The County Administrator or his/her designee is authorized to declare
a water emergency in the county restricting the use of water in any
area of the county. All water stages are built upon and require compliance
with previous water stages. For example, when a drought emergency
is declared all provisions of a drought warning are in effect. Also
the County Administrator or his/her designee may declare any of the
three stages; they do not have to be declared sequentially.
Upon the declaration of a water emergency, the County Administrator
or his/her designee shall immediately post a written notice of the
emergency at the front door of the Court House and shall place a notice
in a newspaper of general circulation in the area in which such emergency
has been declared.
Upon the declaration of a water shortage or emergency, the County
Administrator or his/her designee is authorized and directed to implement
conservation measures by ordering the restricted use or absolute curtailment
of the use of water for certain nonessential purposes for the duration
of the water shortage or emergency in the manner hereinafter set out.
In exercising this discretionary authority, and making the determinations
set forth hereof, the County Administrator or his/her designee shall
give due consideration to stream flow conditions, water levels, available/usable
storage on hand, draw down rates and the projected supply capability
in the county; system purification and pumping capacity; daily water
consumption and consumption projections of the system's customers;
prevailing and forecast weather conditions; fire service requirements;
pipeline conditions including breakages, stoppages and leaks; supplementary
source data; estimates of minimum essential supplies to preserve public
health and safety and such other data pertinent to the past, current
and projected water demands.
The provisions of this article shall not apply to any governmental
activity, institution, business or industry which shall be declared
by the County Administrator or his/her designee, upon a proper showing,
to be necessary for the public health, safety and welfare or the prevention
of severe economic hardship or the substantial logs of employment.
Any activity, institution, business or industry aggrieved by the finding
of the County Administrator or his/her designee may appeal that decision
to the County Board of Supervisors.
Upon a determination by the County Administrator or his/her
designee of the existence of the following conditions, the County
Administrator shall take the following actions that shall apply to
all water users in the county:
A.
Drought watch. When moderate but limited supplies of water are available
and a drought watch is declared in accordance with the Southwest Virginia
Regional Water Supply Plan, the County Administrator or his/her designee
shall, through appropriate means, call upon the general population
to employ prudent restraint in water usage. Public outreach activities
shall be identified to inform the general population of the potential
for drought conditions to intensify and of potential water conservation
activities that may be utilized.
B.
Drought warning. The drought warning stage includes voluntary water
conservation actions due to the imminent onset of a significant drought
event.
(1)
Customers will be asked to reduce outdoor water use by only using
water before 10:00 a.m. and after 7:00 p.m. and by:
(2)
Customers will be asked to reduce indoor water use by:
(a)
Identifying and repairing leaks;
(b)
Turning off the water while shaving, brushing teeth, etc;
(c)
Reducing shower time to five minutes or taking baths with less
water;
(d)
Only using the clothes washer and dishwasher machines when there
are full loads;
(e)
Storing water in the refrigerator instead of running it to get
it cold; and
(f)
Installing water-saver devices in the home, such as low-flow
toilets and shower heads.
C.
Drought emergency. As thought conditions continue to worsen, a drought
emergency may be declared by the County Administrator or his/her designee.
When a drought emergency is declared, the following mandatory water
restrictions are imposed:
(1)
All public water uses not required for health or safety will be prohibited;
(2)
Watering outdoor vegetation will be prohibited, except from a watering
can or other container not exceeding three gallons in capacity or
with recycled water. Any person regularly engaged in the sale of plants
will be permitted to irrigate only in amounts necessary to prevent
the loss of nursery stock;
(3)
Washing vehicles except from a bucket or other container not exceeding
three gallons in capacity or with recycled water will be prohibited;
(4)
Washing driveways, sidewalks, exteriors of homes or other outdoor
surfaces will be prohibited; however, any person regularly engaged
in the business of washing such areas shall be permitted to use water
for such purposes as long as the amount of water being used is minimized;
(5)
The operation of any ornamental fountain or similar structure using
water will be prohibited;
(6)
The filling or refilling of swimming pools or wading pools will be
prohibited;
(7)
Restaurants and similar establishments will be prohibited from serving
water unless specifically requested by the customer; and
(8)
Fire hydrant use will only be permitted for fire protection.
A.
Any person who violates any provision of the drought warning stage
may be subject to the following civil penalties:
(1)
For the first offense, violators shall receive a written warning
delivered in person or posted by a representative of the county.
(2)
For the second offense, violators shall be fined $50, the fine to
be imposed on the violator's next water bill, or, in the case
of violators not on the public water system, in a written notice.
(3)
For the third offense, violators shall be fined $100 for each offense,
the fine to be imposed on the violator's next water bill, or,
in the case of violators not on the public water system, in a written
notice.
(4)
For each subsequent offense, violators will be subject to water service
termination and reconnection fees.
(5)
Each violation by a person shall be counted as a separate violation
by that person, irrespective of the location at which the violation
occurs.
B.
Any person who violates any provision of the drought emergency stage
may be subject to the following penalties:
(1)
Residential customers who exceed the greater of 5,000 gallons of
water per month of consumption or use more than their base usage for
the same period in the previous 12 months will be charged two times
the rate.
(2)
Residential customers who continue to use more than 5,000 gallons
of water per month of consumption or use more than their base usage
for the same period in the previous 12 months will be subject to water
service termination and reconnection fees.
C.
Persons who have been assessed a penalty shall have the right to
challenge the assessment by providing a written notice to the County
Administrator within ten (10) days of the date of the assessment of
the penalty. The County Administrator or his/her designee shall determine
that the penalty was properly assessed and notify the complaining
person in writing of his/her determination.
D.
The County Administrator or his/her designee may waive the penalty
if he/she determines that the violation occurred due to no fault of
the person.
The County Administrator or his/her designee shall notify the
County Board of Supervisors when, in his/her opinion, the water emergency
situation no longer exists. Upon concurrence of the County Board of
Supervisors the water emergency shall be declared to have ended. When
this declaration is made, the information shall be conveyed to the
general public through the news media.
