Borough of Elizabethtown, PA DROUGHT CONTINGENCY PLAN

[Ord. 694, 1/18/1989, § 2; as amended by Ord. 837, 9/19/2002, § 1]

Prohibited	Exceptions
Use of any water for watering grass.	1.	Any sewage or stormwater treatment system that is utilizing spray irrigation if the system is approved by DEP prior to the emergency and the spray area is approved prior to or during the emergency.
	2.	Newly seeded or sodded grass areas can be watered during the hours of 5:00 p.m. to 9:00 a.m. by means of a bucket, can or handheld hose equipped with an automatic shutoff.
	3.	Newly seeded or sodded grass areas can be watered during the hours of 7:00 p.m. to 11:00 p.m. by any means designed and operated to ensure effective conservation.
	4.	A professional landscaper may water newly seeded or sodded grass areas during regular working hours by any means designed and operated to ensure effective conservation.
	5.	A professional landscaper or irrigation contractor can use water for testing newly installed or repaired irrigation equipment, not to exceed 15 minutes per zone.
	6.	Water can be used for grub control, not to exceed one application during the effective period of the Governor's emergency proclamation.
	7.	Water can be used to implement revegetation following earthmoving, where required under an erosion and sedimentation plan, in a manner that ensures effective conservation.
Use of any water for watering athletic fields.	1.	Any sewage or stormwater treatment system that is utilizing spray irrigation if the system is approved by DEP prior to the emergency and the spray area is approved prior to or during the emergency.
	2.	Grass tennis courts can be watered by means of a bucket, can or handheld hose equipped with an automatic shutoff nozzle, or by means of an irrigation system designed and operated to restrict the timing or total volume of water, when applied between the hours of 5:00 p.m. and 9:00 a.m. in a manner that ensures effective conservation.
	3.	Athletic field grass areas, other than sand-based, can be watered between 5:00 p.m. and 9:00 a.m., one night per calendar week, in accordance with a schedule submitted to the Commonwealth Drought Coordinator, local law enforcement agency and, if applicable, to the public water supply agency.
	4.	Sand-based athletic fields can be watered in accordance with a plan approved by the Commonwealth Drought Coordinator.
	5.	Newly seeded or sodded grass can be watered by a means that ensures effective conservation.
	6.	Athletic field nongrass areas can be watered to control dust in manner that ensures effective conservation, if necessary to protect public health or safety.
	7.	Water can be used by professional landscapers or irrigation contractors for the purpose of testing newly installed or repaired irrigation equipment, not to exceed 15 minutes per zone.
Use of fresh water for irrigation and watering of outdoor gardens, landscaped areas, trees, shrubs and other out-door plants.	1.	Irrigation for the production of food and fiber or the maintenance of livestock and poultry.
	2.	Water applied by means of a handheld hose equipped with an automatic shutoff nozzle, or an irrigation system designed and operated to restrict the timing or total volume of water and to restrict the application to specific plantings and that ensures effective conservation, when applied between the hours of 5:00 p.m. and 9:00 a.m.
	3.	Water used by nurseries to maintain stock, by a means that ensures effective conservation.
	4.	Water used by public gardens of national, state or regional significance or arboretums to preserve specimens by a means that ensures effective conservation.
	5.	Water used by a professional landscaper or irrigation contractor during working hours, by a means that ensures effective conservation.
	6.	Water can be used to implement revegetation following earthmoving, where required under an erosion and sedimentation plan, in a manner that ensures effective conservation.
Use of any water for watering of golf courses.	1.	Greens, tees and fairways can be watered in accordance with a plan approved by the Commonwealth Drought Coordinator, between the hours of 5:00 p.m. and 10:00 a.m.
	2.	Water can be used by means of a handheld hose equipped with an automatic shutoff nozzle, to syringe heat sensitive grasses on tees, greens and fairways, between the hours of 10:0 a.m. and 5:00 p.m., not to exceed 15 minutes on any grass area.
	3.	Water can be used by professional landscapers or irrigation contractors to test newly installed or repaired irrigation equipment, not to exceed 15 minutes per zone.
Use of any water for washing paved surfaces, such as streets, roads, sidewalks, driveways, garages, patios, parking areas, tennis courts, decks and patios.	1.	Water can be used for prewashing in preparation of recoating and sealing a paved surface.
	2.	Tennis courts composed of clay or similar materials can be watered by means of a bucket, can or handheld hose equipped with an automatic shutoff nozzle.
	3.	Water can be used for sanitation of the premises of raw or processed food, pharmaceutical or vaccine processing, storage or vending establishments, including restaurants and grocery stores.
	4.	Water can be used for sanitation of the premises of waste handling, storage and disposal facilities.
	5.	Water can be used to comply with permit conditions or other regulatory requirements.
Use of any water for ornamental purposes, including fountains, artificial waterfalls and reflecting pools.	1.	Water can be used to perform the primary and necessary aeration function for a pond that supports fish life.
	2.	Water can be used to top off ornamental water gardens or fish ponds to the minimum extent necessary to maintain fish and aquatic life.
Use of any water for washing or cleaning of mobile equipment, including automobiles, trucks, buses, trailers, carts, wagons, railroad cars, campers and boats.	1.	An individual may wash personally owned or leased vehicles with buckets or handheld hose equipped with an automatic shutoff nozzle for prerinse and rinse, not to exceed a total of two minutes spray time. Water use is limited to odd street addresses on first and third Saturdays of the month and even or no street addresses on second and fourth Saturdays of the month.
	2.	Water may be used by commercial car washes at the minimum rate necessary to ensure an effective wash.
	3.	Water may be used for cleaning of construction, emergency, public transportation or government vehicles if necessary to preserve the proper functioning and safe operation of the vehicle.
	4.	Water may be used for cleaning or sanitizing equipment used for hauling or vending raw or processed food, pharmaceuticals or vaccines, or for handling waste products.
	5.	Water may be used for the cleaning of new and used cars that are part of a dealer's sales inventory in accordance with restrictions contained in the regulations.
	6.	Water may be used by professional mobile wash businesses as part of normal business practices.
	7.	Water may be used by nonprofit service organizations or clubs for fundraising activities by means of bucket or by handheld hose with automatic shutoff nozzle for prerinse and rinse, not to exceed a total of two minutes spray time per vehicle.
Serving water in eating or drinking places.	1.	Water can be served only if requested by a customer.
Filling and topping off swimming pools	1.	Water can be used for public swimming pools and residential swimming pools serving 25 or more dwelling units, if the pools have filtration equipment allowing for continued use and recycling of water over the swimming season.
	2.	Water can be used for swimming pools operated by health care facilities used in relation to patient care and rehabilitation.
	3.	Water can be used for other pools only if approved by the public water supply system from which the water is withdrawn. If water is obtained from other sources, permission from the owner of the source is required.
Use of any water that is not for a beneficial use.	No exceptions.

[Ord. 694, 1/19/1989, § 3; as amended by Ord. 829, 11/15/2001]

Purpose. 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 service area of the Borough of Elizabethtown in the event of a drought emergency as established by the Governor's office.

Authority. The Pennsylvania Emergency Management is authorized to promulgate, adopt and enforce a water rationing plan by virtue of Emergency Management Services Code 35, Pa.C.S. 7101 et seq., as implemented by the Drought Emergency Proclamation dated.

Definitions.

BOROUGH

The Borough of Elizabethtown.

EMERGENCY SERVICE AREA

The service area of the Borough of Elizabethtown.

EXCESS USE

The usage of water by a water customer in excess of the water allotment provided under the local water rationing plan for that customer, over any applicable period.

NONRESIDENTIAL CUSTOMER

Commercial, industrial, institutional, public and all other users with the exception of hospitals and health care facilities.

RESIDENTIAL CUSTOMER

Any customer who receives water services for a single or multi-family dwelling unit. The term "residential customer" does not include educational or other institutions, hotels, motels or similar commercial establishments.

SERVICE AREA

The territory and the customers serviced by the Borough of Elizabethtown.

SERVICE INTERRUPTION

The temporary suspension of water supply, or reduction of pressures below that are required for adequate supply to any customer, portion of a water supply system or any entire system.

SPECIAL EMERGENCY AREA

The area or areas within which the Governor has declared a state of drought and water shortage emergency.

WATER ALLOTMENT

The maximum quantity of water allowed for each customer over any applicable period as established pursuant to this Plan.

WATER CUSTOMER

Any person who is connected to and receives water service from the Borough of Elizabethtown.

Scope. This local Water Rationing Plan shall apply to all water uses within the service area of the Borough of Elizabethtown, encompassing all or part of the Borough of Elizabethtown, Mount Joy Township, and West Donegal Township.

Objective of the Plan.

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.

The objective of this local water rationing plan is to effect an immediate 25% reduction in water usage.

The immediate 25% reduction in water usage is another step along a continuum of responses to the present water supply crisis. Should drought conditions continue, further reductions in usage may be required. It must be emphasized that the 25% usage reduction in the emergency area is a valid and attainable figure reflective of the conditions which currently exist.

The plan provides for equitable reductions in water usage, and for equal sacrifice 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.

Prohibited Nonessential Water Uses. The following water uses are declared nonessential and are prohibited within the Emergency Service Area.

The watering of lawns.

The watering of outdoor gardens, landscaped areas, trees, shrubs, and other outdoor plants, except between the hours of 5:00 p.m. and 9:00 a.m. by means of a bucket, or pail, at the minimum rate necessary.

The washing of automobiles and trucks except when required for safety and operational purposes.

The washing of streets, driveways and sidewalks.

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

Ornamental water use, including but not limited to, fountains, artificial water-falls and reflecting pools.

The use of water for flushing sewers or hydrants by municipalities or any public or private individual or entity except as deemed necessary and approved in the interest of public health or safety by the municipal health officials.

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 of Elizabethtown.

The use of fire hydrants by Borough road departments, contractors and all others, except as necessary for fire fighting or protection purposes.

The use of water to fill and top off swimming pools.

General Requirement for Water Use Reductions. Each and every water customer, regardless of whether residential, commercial, industrial, municipal, institutional or other type of user, shall achieve the water use reductions 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 §§ 7-9 shall apply.

Water Use Restrictions for Residential Users.

Metered Residential Water Customers and Allotments.

(1)

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

(2)

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.

(3)

Residential water customers are required to provide Borough personnel with reasonable access to read meters as necessary to implement this rationing plan. Where access is not readily available, the Borough 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 Borough personal entry to read the meter, after the Borough has made reasonable efforts to arrange for such access, the dwelling unit (house-hold) allotment will be reduced to 55 gallons per day.

Exemptions and Variances.

(1)

Where the residential water allotment provided under this § 303 would create extraordinary hardship, as in the case of special health-related requirements, the water customer may apply to the Borough for any exemption or variance from these requirements. If the Borough finds that the allotment provided in this § 303 would impose extraordinary hardship, the Borough may establish a revised allotment for the particular customer.

(2)

Any person aggrieved by a decision relating to such an exemption or variance rendered by the Borough may file an appeal with the Lancaster County Court of Common Pleas in accordance with the provisions and procedures of the Local Agency Law, 2 Pa.C.S. §§ 551-555, §§ 751-754.

Suggested Conservation Measures. The Borough will provide residential water customers with suggested means for reducing water consumption in order to achieve the established allotment. These suggestions may include:

(1)

Locate and repair all leaks in faucets, toilets and water-using appliances.

(2)

Adjust all water-using appliances to use the minimum amount of water in order to achieve the appliance's purpose.

(3)

Use automatic washing machines and dishwashers only with full loads. Preferably, wash dishes by hand.

(4)

Take shorter showers and shallower baths.

(5)

Turn off shower while soaping; turn off faucet while brushing teeth, etc.

(6)

Install flow restrictors in showerheads and faucets.

(7)

Reduce the number of toilet flushes per day. Each flush uses about five gallons. Reduce water used per flush by installing toilet tank displacement inserts.

(8)

Use sink and tub stoppers to avoid wasting water.

(9)

Keep bottle of chilled drinking water in refrigerator.

(10)

Read the meter to determine the household's daily water use.

Water Use Restrictions for Nonresidential Water Customers.

Nonresidential customers 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 use levels for the same quarter of the preceding year.

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

The Borough 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 of 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.

Each nonresidential water user shall provide access to Borough personnel for purposes of meter reading and monitoring of compliance with this plan. The Borough shall make all reasonable efforts to contact customers to arrange for access.

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 of Elizabethtown 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 plan. If the Borough finds that the 25% reduction would cause extraordinary hardship or threaten health or safety, the Borough may grant a variance and establish a revised water use reduction requirement for the particular customer.

Any person aggrieved by a decision relating to such a variance rendered by the Borough may appeal the decision to the Commonwealth Drought Coordinator who shall render a final decision.

The Borough of Elizabethtown will supply each nonresidential customer with suggested means to reduce usage levels. These suggestions may include:

(1)

Identify and repair all leaky fixtures and water-using equipment. Special attention is to be given to equipment connected directly to the water line, such as processing air conditioners and furnaces.

(2)

Assure that the valves and solenoids, which control water flows, are shut off completing when the water-using cycle is not engaged.

(3)

Adjust water-using equipment to use the minimum amount of water required to achieve its stated purpose.

(4)

Shorten rinse cycles for laundry machines as much as possible; lower water levels should be implemented wherever possible.

(5)

Temperature settings of hot water for showers should be set down at least 10° to discourage lengthy shower taking.

(6)

Where plumbing fixtures can accommodate them, flow restricting or other water-saving devices should be installed.

(7)

Review usage patterns to see where other savings can be made.

(8)

For processing and cooling and other uses where possible, either reuse water or use from sources that would not adversely affect public water supplies.

(9)

Advise employees, students, patients, customers and other users not to flush toilets after every use. Install toilet tank displacement inserts; place flow restrictors in showerheads and faucets; close down automatic flushes overnight.

(10)

Adjust flushometers and automatic flushing valves to use as little water as possible or to cycle at greater intervals.

(11)

Encourage water-consciousness by placing water-saving posters and literature where employees, students, patients and customers, etc., will have access to them.

Customers should read water meters on a frequent basis to determine consumption patterns.

10.

Water Use Restrictions for Hospitals and Health Care Facilities.

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.

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.

The Borough will provide each hospital and health care facility with suggested means to reduce usage levels. These suggestions may include:

(1)

Reduce laundry usage or services by changing bed linen, etc., only where necessary to preserve the health of patients or residents.

(2)

Use disposable food service items.

(3)

Eliminate, postpone or reduce, as may be appropriate, elective surgical procedures during the period of the emergency.

11.

Enforcement of Water-Rationing Plan.

The Borough of Elizabethtown will have lead responsibility for the monitoring of compliance with this water rationing plan.

The following provisions shall govern the implementation of temporary service interruptions:

(1)

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

(a)

A 25% reduction in systemwide water usage has not been achieved; and/or,

(b)

The 25% reduction in systemwide water usage has been achieved, but has failed to have a significant impact in extending limited water supplies; and/or,

(c)

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

(2)

In the event that the Borough determines that temporary service interruptions are necessary, the Borough shall notify its customers through the public media (newspaper, radio, telephone, and television), at least one day prior to the temporary service interruptions, that a planned, temporary service interruption is to be imposed.

In addition, the Borough shall notify the Commonwealth Drought Coordinator, the local coordinator of emergency management, local public health authorities, the Pennsylvania Emergency Management Agency, and the regional office of the Department of Environmental Protection. 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 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.

(3)

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

(4)

If the Borough implements planned, temporary service interpretations, it must make provisions, 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.

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 charge.

(1)

The Borough of Elizabethtown is directed to 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 portions thereof	$7 per 1,000 gallons or portion thereof
	Each 1,000 gallons or portion thereof thereafter	$15 per 1,000 gallons or portion thereof

(2)

Any monies collected by the Borough through excess-use charges shall not be accounted for as income to the Borough but shall be placed by the Borough in a reserve account. Funds collected shall be disposed of in accordance with the directions of the Commonwealth Drought Coordinator.

In addition to the excess-use, 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 Borough.

(2)

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

The Borough of Elizabethtown is authorized to alter meter reading schedules to assure adequate monitoring of compliance with this Plan.

Any customer or other person aggrieved by a decision or action by the Borough 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 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 shall keep a record of evidence presented regarding disputed violations, and shall provide the customer or aggrieved party with a written notice of the Borough's final decision and action in such case.

(2)

Any person aggrieved by the final decision or action of the Borough may file an appeal with the Lancaster County Court of Common Pleas, in accordance with the provisions and procedures of the Local Agency Law, 2 Pa.C.S. §§ 551-555, 751-754.

12.

Penalties. 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. § 7707.

13.

Savings Clause. 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.

14.

Amendment of Plan. The Borough of Elizabethtown may, at any time, submit to the Pennsylvania Emergency Management Agency proposed additions to or amendments of this Plan. Such amendments shall be expeditiously considered by the Emergency Management Council, and shall take effect upon adoption by the Council.

15.

Implementation Period. These regulations shall be implemented upon declaration by the Governor of a drought or water shortage emergency, and shall remain in effect during the period of such emergency until terminated by action of the Governor, or by order of the Pennsylvania Emergency Management Council.

Stage I
Trigger Point	Demand Measures	Supply Measures
State declares a drought watch or warning for this area.	Voluntary restrictions on nonessential water use.	Systemwide leakage and loss reduction survey.

Stage III
Trigger Point	Demand Measures	Supply Measures
Groundwater and surface water sources are unable to meet the demand of the system.	Implement water rationing plan after the Governor declares the Elizabethtown service area a drought or water shortage emergency area, and the Commonwealth Drought Coordinator approves the plan. Notify State Water Plan Division (717) 787-5008.	Utilize emergency sources and equipment (list emergency sources and equipment necessary to utilize each source).

	Stage II
	State declares a drought emergency for this area.	Implement mandatory restrictions on nonessential water use. If Stage III appears imminent, submit water rationing plan to the Pennsylvania Drought Coordinator for approval.