Created on 12/14/2016

AN ORDINANCE

NO. ____________

AN ORDINANCE ESTABLISHING WATER RESTRICTIONS AND ENFORCEMENT OF OUTDOOR WATER USE FOR LANDSCAPING PER THE GEORGIA WATER STEWARDSHIP LAW PURSUANT TO O.C.G.A. SECTION 12-5-7; AND CREATION OF A DROUGHT RESPONSE PROGRAM AND ENFORCEMENT IN ACCORDANCE WITH THE REQUIREMENTS OF THE GEORGIA BOARD OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION (EPD) RULE §391-3-30 AND FOR OTHER PURPOSES

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THE COUNCIL OF COLUMBUS, GEORGIA HERBY ORDAINS:

WHEREAS, conservation of current water supplies and minimization of the effects of water supply shortages that are the result of drought are essential to the public health, safety and welfare of the citizens of Columbus, Georgia; and

WHEREAS, regulation of the time of certain water use, manner of certain water use, design of rates, method of application of water for certain uses, installation and use of water-saving devices, provide an effective and immediately available means of conserving water; and

WHEREAS, Pursuant to O.C.G.A. Section 12-5-7, the General Assembly of the State of Georgia has required all municipalities in Georgia to adopt an ordinance to be effective no later than January 1, 2011 to allow outdoor water use between the hours of 4:00 P.M. and 10:00 A.M.;

WHEREAS, The Georgia Board of Natural Resources Georgia Environmental Protection Division (EPD) Rule §391-3-30 et seq. requires water suppliers to adopt and enforce drought response rules and regulations including pre-drought mitigation strategies and drought response strategies; and

WHEREAS, adoption and enforcement of the outdoor water requirements and comprehensive drought response program will allow the Board of Water Commissioners to delay or avoid implementing measures such as water rationing or more restrictive water use regulations pursuant to a declared water shortage emergency as authorized by Georgia EPD Rule §391-3-30 et seq.; and

WHEREAS, the Board of Water Commissioners adopted a Drought Management Plan, which establishes a progressive program for responding to water supply limitations and State requirements resulting from drought conditions. This ordinance is intended to be consistent with and to implement the Board of Water Commissioners Drought Management Plan; and

WHEREAS, the Board of Water Commissioners Drought Management Plan contains four stages outlining actions to be taken to lessen or avoid supply shortages. This ordinance contains drought response levels that correspond with the Drought Management Plan; and

WHEREAS the outdoor water restrictions, drought response strategies and progressive restrictions on water use and method of use identified by this ordinance provide certainty to water users and enables the Board of Water Commissioners to control water use, provide water supplies, and plan and implement water response measures in a fair and orderly manner for the benefit of the public.

NOW, THEREFORE, the Council of Columbus, Georgia does ordain as follows:

SECTION 1 - DECLARATION OF NECESSITY AND INTENT

1. This ordinance, pursuant to O.C.G.A. 12-5-7, establishes outdoor watering for the purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants may only occur between the hours of 4:00 P.M. and 10:00 A.M. during non-drought conditions;

2. This ordinance establishes regulations to be implemented during times of declared water shortages, or declared water shortage emergencies. It establishes three levels of response actions to be implemented in times of drought, with increasing restrictions on water use in response to worsening drought conditions and decreasing available supplies.

3. Non-Drought Condition (DRL-0) - Pre-drought mitigation strategies will be reinforced through the Water Stewardship O.C.G.A. §12-5-7 requirements.

4. Drought Response Level 1 (DRL-1) - Level 1 condition drought response measures are voluntary and will be reinforced through local and regional public education and awareness measures that may be funded in part by the Board of Water Commissioners.

5. Drought Response Level 2 (DRL-2) and Drought Response Level 3 (DRL-3) - During a Drought Response Level 2 condition or higher, the water conservation measures and water use restrictions established by this ordinance are mandatory and violations are subject to administrative penalties and remedies specified in this ordinance and as provided in the Board of Water Commissioners administrative rules.

SECTION 2 - DEFINITIONS

The following words and phrases whenever used in this chapter shall have the meaning defined in this section:

1. "Affected drought area" means any area subject to a drought declaration made in accordance with Rule 391-3-30-.05.

2. "Director" means the Director, or his/her designee, of the Environmental Protection Division of the Department of Natural Resources.

3. "Division" means the Environmental Protection Division of the Department of Natural Resources.

4. "Drip irrigation" means the use of an irrigation system manufactured and sold specifically for delivering water through small flexible pipes and emitters slowly and directly to the soil around the base of individual plants in a manner that minimizes evaporative losses, pooling, runoff and wetting of plant foliage. This type of system may be part of a larger automated irrigation system or may operate as a stand-alone system connected to a typical outdoor faucet.

5. "Farm uses" means irrigation of any land used for general farming, forage, aquaculture, pasture, turf production, orchards, or tree and ornamental nurseries; or provisions of water supply for farm animals, poultry farming, or any other activity conducted in the course of a farming operation. Farm uses shall also include the processing of perishable agricultural products.

6. "Permittee" is defined as: (a) Any person that holds a water withdrawal permit issued by the Director pursuant to the Georgia Water Quality Control Act, O.C.G.A. §12-5-20 et seq.; (b) Any person that holds a water withdrawal permit issued by the Director pursuant to the Groundwater Use Act, O.C.G.A. § 12-5-90 et seq.; or (c) Any person that holds a permit issued by the Director pursuant to the Georgia Safe Drinking Water Act, O.C.G.A. § 12-5-170 et seq., that uses water obtained from any person meeting the criteria in paragraphs (a) or (b); (d) Permittee does not include any person that holds a water withdrawal permit for farm uses.

7. "Public water system" means a system for the provision to the public of piped water for human consumption.

8. "Soaker hose" means a hose that is connected to a typical outdoor faucet and that is manufactured and sold specifically for delivering water slowly and directly to the soil around the base of individual plants by allowing water to seep from it in a manner that minimizes evaporative losses, pooling, runoff and wetting of plant foliage.

SECTION 3 - APPLICATION

1. The provisions of this ordinance apply to any person and the use of any water provided by the Board of Water Commissioners in Muscogee County.

2. This ordinance is intended solely to further the conservation of water. It is not intended to implement any provision of federal, state, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff.

3. Nothing in this ordinance is intended to affect or limit the ability of the Board of Water Commissioners to declare and respond to an emergency, including an emergency that affects the ability of the Board of Water Commissioners to supply water.

4. The provisions of this ordinance do not apply to use of water from private wells or to recycled water.

SECTION 4 - DROUGHT INDICATORS AND TRIGGERS

1. The Department of Natural Resources Environmental Protection Division (EPD) Director shall monitor climatic indicators and water supply conditions as needed to assess drought occurrence and severity, and its impact upon the ability of permittees that are public water systems to provide adequate supplies of water and avoid or relieve local water shortages.

2. Permittees that are public water systems shall notify the Division in writing within seven (7) days if a trigger level in the drought contingency plan required by Rules 391-3-2-.04(11) (d) or 391-3-6-.07(4)(b)9 is surpassed. The notification shall include the relevant drought condition(s) or event(s) such as streamflow levels, ground water levels, reservoir storage or levels, system demands, and/or other approved indicator(s) which required the notification.

3. The Board of Water Commissioners will monitor the following potential drought trigger and report to the Division if this potential indicator is surpassed:

a) During normal operating conditions, the water level at Lake Oliver is at or below 330 feet above sea level for 7 consecutive days. Scheduled maintenance drawdowns will be excluded from reporting requirements.

4. Prior to making a drought response level declaration pursuant to Rule §391-3-30-.05, except for Non-Drought Condition (DRL-0), the EPD Director shall convene a conference call, or similar communication medium, for all permittees for whom climatic indicators and water supply conditions are such that the Director is considering making a drought declaration. Within three business days of the Director's communication, potentially affected permittees may submit information to the Division regarding climatic indicators and/or their water supply conditions. For permittees whose principal source of water supply is surface water, they may submit a water supply and demand analysis as described in Rule §391-3-30-.08(1)(b).

5. During a declared drought pursuant to Rule §391-3-30-.05, the EPD Director shall convene a conference call, or similar communication medium, at least quarterly for all permittees subject to Drought Response Strategies in the affected drought area(s). The purpose of this communication will be to review the latest climatic indicators and water supply conditions as they relate to the permittees.

SECTION 5 - DROUGHT DECLARATION

1. Based upon an evaluation in accordance with Rule §391-3-30-.04, the EPD Director may declare non-drought conditions and various drought response levels for the affected drought area(s). Such declaration shall be based upon the severity of drought conditions and their impact on the ability of permittees that are public water systems to provide adequate supplies of water within the affected drought area(s) and avoid or relieve local water shortages.

2. The EPD Director may declare non-drought conditions (Level 0) and drought response Level 1, Level 2 or Level 3, with Level 1 being the least severe and Level 3 being the most severe drought response level.

3. The EPD Director shall designate the geographical boundary of the affected drought area(s). The geographical delineation of a drought response level shall be based upon the severity of climatic indicators and condition of water supplies occurring within all or a portion of defined hydrologic units, counties or other areas.

4. The EPD Director may differentiate between surface water drought and ground water drought in any affected drought area(s).

5. Upon declaring a drought response level, including non-drought conditions, the EPD Director shall provide notice of such declaration to all permittees and the general public within the affected drought area(s). At a minimum, the Director shall issue a press release and send each affected permittee a letter which shall include the drought response level and a summary of the requirements for that particular drought response level.

SECTION 6 – NON-DROUGHT (DRL-0) / PRE-DROUGHT MITIGATION STRATEGIES

1. During non-drought periods, irrigation outdoors for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants shall be in accordance with the Water Stewardship Rules O.C.G.A. §12-5-7(a.1) (1) and (2).

2. Persons may irrigate outdoors daily for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants only between the hours of 4:00 p.m. and 10:00 a.m.

3. These requirements shall not create any limitation upon the following outdoor water uses:

a) Commercial agricultural operations as defined in Code Section §1-3-3;

b) Capture and reuse of cooling system condensate or storm water in compliance with applicable local ordinances and state guidelines;

c) Reuse of gray water in compliance with Code Section §31-3-5.2 and applicable local board of health regulations adopted pursuant thereto;

d) Use of reclaimed waste water by a designated user from a system permitted by the Environmental Protection Division of the department to provide reclaimed wastewater;

e) Irrigation of personal food gardens;

f) Irrigation of new and replanted plant, seed, or turf in landscapes, golf courses, or sports turf fields during installation and for a period of 30 days immediately following the date of installation;

g) Drip irrigation or irrigation using soaker hoses;

h) Handwatering with a hose with automatic cutoff or handheld container;

i) Use of water withdrawn from private water wells or surface water by an owner or operator of property if such well or surface water is on said property;

j) Irrigation of horticultural crops held for sale, resale, or installation;

k) Irrigation of athletic fields, golf courses, or public turf grass recreational areas;

l) Installation, maintenance, or calibration of irrigation systems;

m) Hydroseeding.

4. Enforcement of the pre-drought DRL-0 requirements shall be in accordance with this ordinance.

SECTION 7 - DROUGHT RESPONSE LEVEL 1 (DRL-1) – DROUGHT ADVISORY

1. Within five (5) days of receipt of notice from the EPD Division of a drought response level declared, each permittee within an area subject to a drought response level declaration shall implement the applicable drought response strategies.

2. DRL-1 condition is also referred to as a “Drought Advisory” condition. Permittees that are public water systems shall implement a public information campaign that shall include, at a minimum, public notice regarding drought conditions and drought specific public-service messages in one or more of the following ways: newspaper advertisements, bill insert, website homepage, social media and notices in public libraries.

3. During a DRL-1 Drought Advisor condition, the Board of Water Commissioners will increase its public education and outreach efforts to emphasize public awareness of the need to implement water conservation practices

SECTION 8 - DROUGHT RESPONSE LEVEL 2 (DRL-2) – MANDATORY RESTRICTIONS

During DRL-2, permittees shall implement all Drought Response Level-1 measures plus the following additional DRL-2 response measures:

1. General Outdoor Watering. Outdoor irrigation for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants, as described in Rule §391-3-30-.03(1)(a), shall be limited to two days a week on an odd-even schedule. Even numbered addresses may irrigate on Wednesday and Saturday between 4:00 p.m. and 10:00 a.m. Odd numbered addresses may irrigate on Thursday and Sunday between 4:00 p.m. and 10:00 a.m. "Even numbered address" means an address number ending with the number 0, 2, 4, 6, 8, or the site does not have a numbered address. "Odd numbered address" means an address ending with the number 1, 3, 5, 7, or 9.

2. Specific Categories of Outdoor Water Use. The outdoor water uses listed in Rule §391-3-30-.03(1)(b) shall be allowed. The following outdoor water uses shall not be allowed, except as provided below:

a) Washing hard surfaces such as streets, gutters, sidewalks and driveways, except when necessary for public health and safety;

b) Using water for ornamental purposes, such as fountains, reflecting pools, and waterfalls;

c) Use of fire hydrants, except for the purposes of firefighting, public health, safety, or flushing;

d) Washing vehicles, such as cars, boats, trailers, motorbikes, airplanes, or golf carts;

e) Non-commercial washing, or pressure washing, of buildings or structures, except for immediate fire protection; and

f) Charity, or non-commercial fund-raiser, car washes.

3. Permittees that are public water systems shall implement four, or more, additional practices from the Drought Response Strategies Menu as outlined in §391-3-30-.07 Section 5.

4. The Board of Water Commissioners of Columbus shall implement the following drought response strategies in conjunction with a DRL-2 declaration:

a) Public information campaign that goes significantly beyond the minimum notice and public service messages related to DRL 1;

b) Implement a drought surcharge rate program;

c) Suspension of street cleaning program(s);

d) Implement, or accelerate, leak detection and repair program(s);

SECTION 9 - DROUGHT RESPONSE LEVEL 3 (DRL-3) – EMERGENCY DROUGHT

During DRL-3, permittees shall implement all Drought Response Level measures outlined in DRL-1 and DRL-2 plus the following additional DRL-3 response measures:

2. Specific Categories of Outdoor Water Use. The outdoor water uses listed in Rule §391-3-30-.03(1)(b) shall be allowed, subject to the following additional requirements.

a) Irrigation of personal food gardens shall be conducted between the hours of 4:00 p.m. and 10:00 a.m., unless done using drip irrigation or soaker hoses. Irrigation of personal food gardens using drip irrigation or soaker hoses may be done at any time;

b) Hand watering with a hose with automatic cutoff or handheld container may be conducted between the hours of 4:00 p.m. and 10:00 a.m.;

c) Irrigation of athletic fields or public turf grass recreational areas may be conducted between the hours of 4:00 p.m. and 10:00 a.m., subject to the two days a week odd-even schedule described in Drought Response Level 2;

d) Irrigation of golf courses shall be conducted in accordance with the “Golf Irrigation Prediction and Estimation Worksheet”, which can be found on epdgeorgia.gov, and only between the hours of 4:00 p.m. and 10:00 a.m., provided, however, irrigation of golf course greens may occur at any time of day;

e) Use of reclaimed wastewater by a designated user from a system permitted by the Division to provide reclaimed wastewater shall not be allowed for general outdoor watering as described in Rule §391-3-30-.03(1)(a). It shall be allowed for any use described in Rule §391-3-30.03(1)(b) subject to the limitations in Rule §391-3-30-.07(4)(b);

f) Installation, maintenance, or calibration of irrigation systems is allowed, provided that it is done by professional landscapers or golf course superintendents.

3. The outdoor water uses listed in Rule §391-3-30-.03(1)(b) shall be allowed, subject to the following additional requirements.

a) Permittees that are public water systems shall implement all practices from the Drought Response Strategies Menu outlined in §391-3-30-.07 Section 5. The additional drought response strategies will be implemented as part of DRL-3 requirements:

i. Request to provide glasses of water to restaurant customers only upon request;

ii. Distribute retrofit kits and water saving devices to customers. These kits and devices may include, but not be limited to, shower heads, leak dye tabs, toilet tank displacement devices, and hose shut-off nozzles;

iii. Technical assistance outreach program to target high users to identify and/or recommend opportunities to reduce water usage;

iv. Reduce system pressure, unless such reduction would create unsafe water supply conditions;

v. Inform customers about pool cover requirements;

vi. Impose monetary penalties or terminate water services to customers to reduce outdoor water waste due to excessive application, outdoor leaks, improper irrigation, or other similar reasons.

4. The drought response levels identified in this Ordinance correspond with the Board of Water Commissioners Drought Management Plan as identified in the following Columbus table:

DRL-0 WATER STEWARDSHIP ACT

DRL-1 DROUGHT ADVISORY

DRL-2 MANDATORY RESTRICTIONS

DRL-3 ENFORCED EMERGENCY DROUGHT ORDER

Persons may irrigate outdoors daily only between the hours of 4:00 pm and 10:00 am

Drought Advisory Public Campaign:

· Website Updates

· Bill Insert Messages

· Bill Announcements

· Facebook / Blog

· DRL Committee

Includes DRL-1, plus the following restrictions:

· Two-day odd-even watering schedule, no watering between 10:00 a.m. and 4:00 p.m. and no watering on Mondays, Tuesdays and Fridays

· Additional Public Information Items (DRL-2 Items)

· Drought Surcharge Rate

· Suspension of Street Sweeping Program

· Leak Detection / Leak Repair Acceleration

Includes DRL-1 and DRL-2, plus the following restrictions:

· No outdoor water schedule
· Additional Public Information Items (DRL-3 Items)
· Monetary penalties or terminate water services due to excessive water waste
· Pool cover communication
· Communicate Water at Restaurants only upon request
· Evaluate System Pressure Reduction
· Technical Assistance Program
· Retro-kits Distribution

SECTION 10 – PROFESSIONAL EXEMPTIONS

The following commercial outdoor water uses are exempt from the Outdoor Water Use restrictions of this ordinance:

a) Pressure washing;

b) Permanent car wash facility, provided that it is connected to a sanitary sewer system of a political subdivision or local government authority or recycles used wash water;

c) Construction sites;

d) Watering-in of pesticides and herbicides on turf; and

e) Other activities essential to daily business.

SECTION 11 - ENFORCEMENT VIOLATIONS AND PENALTIES

1. The Board of Water Commissioners of Columbus shall be the enforcement authority for this Ordinance.

2. Any person who uses, causes to be used, or permits the use of water in violation of this ordinance is guilty of an offense punishable as provided herein.

3. Each day that a violation of this ordinance occurs is a separate offense.

4. Violators of this Ordinance shall be subject to the following schedule of administrative penalties, which said Board shall have the right to change, modify or alter as it deems appropriate and necessary to enforce this Ordinance, to the extent that violations occur within a 12-month period:

a) First violation. Written notice with a description left at the property where the violation occurred.

b) Second violation. $50.00 administrative penalty added to the water bill of the customer’s property where the violation occurred.

c) Third violation. $100.00 administrative penalty added to the water bill of the customer’s property where the violation occurred.

d) Fourth and subsequent violations. $200.00 administrative penalty added to the water bill of the customer’s property where the violation occurred and service termination, plus applicable reconnection of service charges.

SECTION 12 – CONFLICTS

All ordinances or parts of ordinances inconsistent or conflicting with any part of this Ordinance, are hereby repealed to the extent of such inconsistency or conflict.

Introduced at a regular meeting of the Council of Columbus, Georgia, held on the ____ day of __________, 20__ and adopted at said meeting by the affirmative vote of _____ members of the Council.

Councilor Allen voting _________.

Councilor Baker voting _________.

Councilor Barnes voting _________.

Councilor Davis voting _________.

Councilor Garrett voting _________.

Councilor Henderson voting _________.

Councilor Huff voting _________.

Councilor Thomas voting _________.

Councilor Turner-Pugh voting _________.

Councilor Woodson voting _________.

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TINY B. WASHINGTON, CLERK TERESA PIKE TOMLINSON, MAYOR