The purpose of this article is to provide for the declaration of a water supply watch, warning or emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the event such a watch, warning or emergency is declared.
(Ord. 1627, Sec. 1; Ord. 1907)
(a) Water, as used in this article, shall mean water available to the city for treatment by virtue of its water rights or any treated water introduced by the city into its water distribution system, including water offered for sale at any coin-operated site.
(b) Customer, as used in this article, shall mean the customer of record using water for any purpose from the city’s water distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charge is made at the site of delivery.
(c) Waste of water, as used in this article, includes, but is not limited to, (1) permitting water to escape down a gutter, ditch, or other surface drain; or (2) failure to repair a controllable leak of water due to defective plumbing.
(Ord. 1627, Sec. 1; Ord. 1907)
The City of Marysville addresses its short-term water shortage problems through a series of stages based on conditions of supply and demand with accompanying triggers, goals and actions. Each stage is more stringent in water use than the previous stage since water supply conditions are more deteriorated. The City Administrator or Governing Body are authorized by ordinance to implement the appropriate conservation measures.
(Ord. 1627, Sec. 1; Ord. 1907)
(a) Goals. The goals of this stage are to heighten awareness of the public on water conditions and to maintain the integrity of the water supply system.
(b) Triggers. This stage is triggered by any one of the following conditions:
(1) The City’s storage has fallen below 85 percent capacity, and will not recover;
(2) Groundwater levels have fallen 5 feet below the normal seasonal level;
(3) Demand for one day is in excess of 607,000 gallons per day (Based on August 2021)
(c) Education Actions.
(1) The City will make occasional news releases to the local media describing present conditions and indicating the water supply outlook for the upcoming season.
(2) Previous months summaries of precipitation, temperature, water levels and storage will be made public at the beginning of each month.
(3) Water-saving tips will be included in billings to water utility customers.
(d) Management Actions.
(1) The City wells will be cleaned and flushed to maintain them at their most efficient condition.
(2) Leaks will be repaired within 48 hours of detection.
(3) The City will monitor its use of water and will curtail activities such as hydrant flushing and street cleaning.
(e) Regulation Actions. The public will be asked to curtail some outdoor water use and to make efficient use of indoor water, i.e., wash full loads, take short showers, don’t let faucets run, etc.
(Ord. 1627, Sec. 1; Ord. 1907)
(a) Goals. The goals of this stage are to reduce peak demands by 20 percent and to reduce overall weekly consumption by 10 percent.
(b) Triggers. This stage is triggered by any one of the following conditions:
(1) The City’s storage has fallen below 70 percent capacity, and will not recover;
(2) Treatment plant operations are at 80 percent capacity or more for three consecutive days;
(3) Pumping lowers water level to within 10 feet of the top of the well screens;
(4) Groundwater levels have fallen 10 feet below the normal seasonal level;
(5) Demand for one day is in excess of 659,800 gallons per day (Based on August 2021)
(c) Education Actions.
(1) The City will make weekly news releases to the local media describing present conditions and indicating the water supply outlook for the upcoming week.
(2) Previous week summaries of precipitation, temperature, water levels and storage will be made public each week.
(3) Water conservation articles will be provided to the local newspaper.
(4) Water-saving tips will be included in billings to water utility customers.
(d) Management Actions.
(1) The City water supplies will be monitored daily.
(2) Leaks will be repaired within 24 hours of detection.
(3) Pumpage at wells will be reduced to decrease drawdown and to maintain water levels over well screens.
(4) The City will curtail its water usage, including operations of fountains, watering of City grounds and washing of vehicles.
(5) Reserve supplies, such as standby well fields or lakes, will be prepared for use.
(6) Intakes will be adapted to operate with low flows.
(7) The City will contact Chief Engineer of the Kansas Department of Agriculture, Division of Water Resources for permission to require private well owners to comply with the City’s drought response regulations as authorized under KS.A. 82a-733(i)
If management action #7 is chosen the water drought/emergency ordinance must also address private wells.
(e) Regulation Actions. These regulation actions apply to City residents (including private domestic well users, if authority is delegated by the Chief Engineer under K.S.A. 82a-733(i).
(1) An odd/even lawn watering system will be imposed on City residents. Residents with odd-numbered addresses will water on odd days; even addresses will water on even days.
(2) Outdoor water use, including lawn watering and car washing will be restricted to before 9:00 a.m. and after 9:00 p.m.
(3) Golf courses will restrict watering to tees and greens after sunset.
(4) Refilling of swimming pools will be allowed one day a week after sunset.
(5) Outdoor watering will be restricted to use of a hand-held hose or bucket only.
(6) Excess water use charges for usage of water over the amount used in the winter will be considered.
(7) Waste of water will be prohibited.
(Ord. 1627, Sec. 1; Ord. 1907)
(a) Goals. The goals of this stage are to reduce peak demands by 50 percent and to reduce overall weekly consumption by 25 percent.
(b) Triggers. This stage is triggered by any one of the following conditions:
(1) The City’s storage has fallen below 50 percent capacity;
(2) Treatment plant operations are at 90 percent capacity or more for three consecutive days;
(3) Pumping lowers water level to within 5 feet of the top of the well screens;
(4) Groundwater levels have fallen 15 feet below the normal seasonal level;
(5) Demand for one day is in excess of 712,620 gallons per day (Based on August 2021)
(c) Education Actions.
(1) The City will make daily news releases to the local media describing present conditions and indicating the water supply outlook for the next day.
(2) Previous days summaries of precipitation, temperature, water levels and storage will be made public each day.
(3) The City will hold public meetings to discuss the emergency, the status of the City water supply and further actions, which need to be taken.
(d) Management Actions.
(1) The City water supplies will be monitored daily.
(2) Leaks will be repaired within 24 hours of detection.
(3) Pumpage at wells will be reduced to decrease drawdown and to maintain water levels over well screens.
(4) The City will seek additional emergency supplies for other users, the state or the federal government.
(e) Regulation Actions. These regulation actions apply to City residents (including private domestic well users, if authority is delegated by the Chief Engineer under K.S.A. 82a-733(i).
(1) Outdoor water use will be banned.
(2) Waste of water will be prohibited.
(Ord. 1627, Sec. 1; Ord. 1907)
(a) If the mayor, city administrator, water superintendent, or other city official or officials charged with implementation and enforcement of this article of a water supply emergency learn of any violation of any water use restrictions imposed pursuant hereto, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record and any other person known to the City who is responsible for the violation or its correction shall be provided with either actual or mailed notice. Said notice shall describe the violation and order that to be corrected, cured or abated immediately or within such specified time as the City determines is reasonable under the circumstances. If the order is not complied with, the City may terminate water service to the customer subject to the following procedures:
(1) The City shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to the violation and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the City governing body;
(2) If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and
(3) The governing body shall make a finding of fact and order whether service should be continued or terminated.
(b) A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to subsection (a). In the event of subsequent violations, the reconnection fee shall be $200 for the second reconnection and $300 for any additional reconnections.
(c) Violations of this article shall be a municipal offense and may be prosecuted in Municipal Court. Any person so charged and found guilty in Municipal Court of violating the provisions of these water conservation provisions shall be guilty of a municipal offense. Each day’s violation shall constitute a separate offense. The penalty for an initial violation shall be mandatory fine of $100. In addition, such customer may be required by the Court to serve a definite term of confinement in the city or county jail which shall be fixed by the Court, and which shall not exceed 30 days. The penalty for a second or subsequent conviction shall be a mandatory fine of $200. In addition, such customer shall serve a definite term of confinement in the city or county jail which shall be fixed by the Court, and which shall not exceed 30 days.
(Ord. 1627, Sec. 1; Ord. 1907)
Nothing in water conservation provisions shall limit the ability of any properly authorized city official from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service is required to protect the health and safety of the public.
(Ord. 1627, Sec. 1; Ord. 1907)
Upon the declaration of a water supply emergency as provided in Section 15-134, the city administrator is also authorized to implement certain mandatory water conservation measures, including, but not limited to the following:
(a) Suspension of new connections to the City’s water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the City prior to the effective date of the declaration of the emergency.
(b) Restrictions on the uses of water in one or more classes of water use, wholly or in part;
(c) Restrictions on the sales of water at coin-operated facilities or sites;
(d) The imposition of water rationing based on any reasonable formula, including, but not limited to, the percentage of normal use and per capita or per consumer restrictions;
(e) Complete or partial bans on the waste of water; and
(f) Any combination of the foregoing measures.
(Ord. 1627, Sec. 1; Ord. 1907)
Upon the declaration of a water supply emergency as provided in Section 15-1a06, the governing body of the city shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies. Such emergency rates may provide for, but are not limited to:
(a) Higher charges for increasing usage per unit of use (increasing block rates);
(b) Uniform charges for water usage per unit of use (uniform unit rate); or
(c) Extra charges in excess of a specified level of water use (excess demand surcharge).
(Ord. 1627, Sec. 1; Ord. 1907)