Sec. 23-70. - Determination of appropriate response.

In the event of a water supply shortage, OWASA shall, using its best professional judgment, determine which of the following stages is the most appropriate response to the estimated level of risk considering factors in section 23-67.

(Ord. No. 2009-06-08/O-2 § 2)

Sec. 23-71. - Stage 1 water shortage.

In the event that OWASA declares a stage 1 water shortage, OWASA shall advise the mayors of Carrboro and Chapel Hill and the chair of the Orange County Board of Commissioners of its declaration and shall request that they issue Proclamations of a stage 1 water supply shortage. Upon OWASA's declaration of a stage 1 water shortage, the following actions shall be taken with the goal of reducing overall water demand by ten (10) percent:

(a)

Spray irrigation of turf grass using OWASA-supplied potable water shall not occur more than one (1) day per week with a maximum of one-half (½) inch of water applied to plant material in any given week. Odd-numbered properties shall be allowed to spray irrigate only on Tuesdays; even-numbered properties shall be allowed to spray irrigate only on Thursdays. Spray irrigation of turf grass shall occur only between the hours of 6:00 p.m. and 10:00 a.m. Owners of public purpose athletic fields, recreational fields, and/or public purpose botanical sites shall not be subject to the limitations of this paragraph if those facilities are operated in compliance with an OWASA-approved water conservation plan.

(b)

Spray irrigation of non-turf plant materials may occur up to three (3) days per week as provided under the year-round requirements specified in subsection 23-64(a)(1).

(c)

Irrigation of non-turf plant materials by underground, drip irrigation, micro spray, low precipitation bubblers, soaker hose systems with automatic shutoffs, or by hand held hoses or watering cans may occur at any time or frequency.

Notwithstanding the restrictions specified in subsection (a) through subsection (c), the protection of public health, safety, and welfare may, under special circumstances, require the use of limited amounts of OWASA-supplied potable water for such purposes as washing out garbage trucks, cleaning up hazardous or other materials. Such uses shall be permitted during declared water shortages or emergencies, provided that other practical alternatives are not available and water is used in the least practical amount.

(Ord. No. 2009-06-08/O-2 § 2)

Sec. 23-72. - Stage 2 water shortage.

In the event that OWASA declares a stage 2 water shortage, OWASA shall advise the mayors of Carrboro and Chapel Hill and the chair of the Orange County Board of Commissioners of its declaration and shall request that they issue proclamations of a stage 2 water supply shortage, if not already issued. Upon OWASA's declaration of a stage 2 water shortage, the following actions shall be taken with the goal of reducing overall water demand by fifteen (15) percent:

(a)

Spray irrigation of turf grass with OWASA-supplied potable water shall not be permitted, except at public purpose athletic and recreational fields and public purpose botanical sites operating under OWASA-approved water conservation plans.

(b)

Spray irrigation of non-turf plant materials shall not occur more than one (1) day per week according to the schedule specified in subsection 23-71(a) and in quantities of no more than one-half-inch per week, except at public purpose botanical sites operating under OWASA-approved water conservation plans.

(c)

Irrigation of non-turf plant material by underground, drip irrigation, micro spray, low precipitation bubblers, soaker hose systems with automatic shutoffs, tree or shrub watering bags, or by hand held hoses or watering cans may occur at any time or frequency.

(d)

No OWASA-supplied potable water shall be used to re-fill ornamental fountains, ponds, and like devices; provided, however, that OWASA water may be used to fill and re-fill bird baths and other backyard-scale facilities used to support wildlife.

(e)

No OWASA-supplied potable water shall be used for washing vehicles, except at commercial or institutional car washes in which at least fifty (50) percent of the water has either been recycled, is from a non-potable source, or is supplied by a well.

(f)

No OWASA-supplied potable water shall be used for cleaning or washing exterior building surfaces, decks, or paved areas, such as sidewalks, driveways, roadways, and parking lots. This restriction shall not apply to the cleaning of exterior building surfaces or decks prior to painting or re-painting.

(g)

No OWASA-supplied potable water shall be used for fire department training or equipment testing unless required by state or federal regulations.

Notwithstanding the restrictions specified in subsection (a) through (g), the protection of public health, safety, and welfare may, under special circumstances, require the use of limited amounts of OWASA-supplied potable water for such purposes as washing out garbage trucks, cleaning up hazardous or other materials. Such uses shall be permitted during declared water shortages or emergencies, provided that other practical alternatives are not available and water is used in the least practical amount.

(Ord. No. 2009-06-08/O-2 § 2)

Sec. 23-73. - Stage 3 water shortage.

In the event that OWASA declares a stage 3 water shortage, OWASA shall advise the mayors of Carrboro and Chapel Hill and the chair of the Orange County Board of Commissioners of its declaration and shall request that they issue proclamations of a stage 3 water supply shortage, if not already issued. Upon OWASA's declaration of a stage 3 water shortage, the following actions shall be taken with the goal of reducing overall water demand by twenty (20) percent:

(a)

The use of OWASA-supplied potable water for heating and/or cooling purposes shall be reduced in all but the most essential facilities to the extent practical in consideration of indoor air quality standards, weather conditions, and health and safety requirements.

(b)

No OWASA-supplied potable water shall be used for irrigation of turf grass, except for public purpose athletic and/or recreational fields and public purpose botanical sites operating under water conservation plans that have been approved by OWASA's executive director or by his/her designee.

(c)

No OWASA-supplied potable water shall be used for irrigating non-turf plant material unless applied (a) via hand held hoses or watering cans, watering bags, drip irrigation or soaker hoses, or (b) at public purpose botanical sites operating under OWASA-approved water conservation plans.

(d)

OWASA-supplied potable water may be used to fill, re-fill, or top off swimming pools, or to fill or re-fill bird baths and other backyard-scale facilities used to support wildlife. OWASA supplied potable water shall not be used for any other outdoor purposes, except for emergency fire suppression or other activities necessary to maintain public health, safety, or welfare.

(e)

No bulk sale of potable OWASA water shall occur except for the wholesale transmission of potable OWASA water to neighboring communities, or for other purposes necessary to maintain public health, safety, or welfare.

(f)

No OWASA-supplied potable water may be used for washing any vehicles.

(g)

No OWASA-supplied potable water may be used for pressure washing building exteriors.

(h)

No OWASA-supplied potable water may be used for fire department training or equipment testing.

Notwithstanding the restrictions specified in subsection (a) through (h), the protection of public health, safety, and welfare may, under special circumstances, require the use of limited amounts of OWASA-supplied potable water for such purposes as washing out garbage trucks, cleaning up hazardous or other materials. Such uses shall be permitted during declared water shortages or emergencies, provided that other practical alternatives are not available and water is used in the least practical amount.

(Ord. No. 2009-06-08/O-2 § 2)

Sec. 23-74. - Water supply emergency.

In the event that OWASA declares a water supply emergency, OWASA shall so advise the mayors of Carrboro and Chapel Hill and the chair of the Orange County Board of Commissioners and shall request the issuance of a proclamation of a water supply emergency. In addition to those applicable measures listed above for a stage 3 water shortage, the following actions shall be taken upon OWASA's declaration of a water supply emergency:

(a)

No OWASA-supplied potable water may be used for any outdoor purposes other than emergency fire suppression or other activities necessary to maintain public health, safety, or welfare.

(b)

No OWASA-supplied potable water shall be used to fill, refill or top off the water level in any private or public purpose swimming pool.

(c)

No OWASA-supplied potable water shall be used for the flushing or pressure testing of new distribution lines unless that water is returned to the OWASA water supply system through methods approved by OWASA. This restriction shall not apply to the testing of in-building fire control sprinkler systems

(d)

The use of OWASA-supplied potable water for heating and/or cooling purposes shall be reduced in all but the most essential facilities to the extent practical in consideration of indoor air quality standards, weather conditions, and health and safety requirements.

(e)

Water service may be discontinued or reduced to designated users or in designated portions of the OWASA service area in order to preserve the availability of water for essential public health and safety requirements, such as fire protection, hospitals, clinics, and other critical community needs.

(Ord. No. 2009-06-08/O-2 § 2)

Sec. 23-75. - Proclamation of water shortage of water supply emergency.

Upon notification from OWASA of a declaration of a water shortage or water supply emergency, the mayor is authorized, in order to more effectively protect the health and safety of the people within Chapel Hill, to issue a public proclamation invoking the applicable provisions of this article.

(Ord. No. 2009-06-08/O-2 § 2)

Sec. 23-76. - Penalties and remedies.

Any violations of the provisions of this article shall constitute a misdemeanor punishable upon conviction by a fine not exceeding fifty dollars ($50.00) or imprisonment not exceeding thirty (30) days as provided by N.C.G.S. 14-4 and in addition thereto such violation may be enjoined and restrained as provided in N.C.G.S. 160A-175.

A violation of any of the provisions of this article shall subject the offender to a civil penalty of twenty-five dollars ($25.00) for the first offense, fifty dollars ($50.00) for the second offense within a thirty-day period, and one hundred dollars ($100.00) for the third of any additional offense that occurs within any thirty-day period. The town may seek to recover the penalty by filing a civil action in the nature of a debt if any penalties are not paid within thirty (30) days.

Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense.

The town may seek to enforce this article by using any one or a combination of the foregoing remedies.

(Ord. No. 2009-06-08/O-2 § 2)

Sec. 23-77. - Severability.

If any section, subdivision, clause, or provision of this article shall be adjudged invalid, such adjudication shall apply only to such section, subdivision, clause, or provision so adjudged, and the remainder of this article shall remain fully valid and effective.

(Ord. No. 2009-06-08/O-2, § 2)