[Adopted 10-14-1991 by Ord. No. 606 (Ch.
XXVI, Part 2, of the 1975 Code of Ordinances)]
The water shortage response plan of the Municipal
Authority of the Borough of Derry is hereby adopted and incorporated
herein. The plan may be modified and updated by resolution of the
Municipal Authority of the Borough of Derry. A copy of said plan shall
be on file at the Authority office. Said plan may be adopted by the
Board of the Authority and enforced hereunder.
Nonessential uses of water may be restricted
by both voluntary and mandatory measures as prescribed within the
water shortage response plan. A list of nonessential water uses is
included in the plan.
If during a water shortage period, a voluntary
ban on nonessential uses of water has not sufficiently reduced the
rate of depletion of water supply sources, and those sources have
reached a level at which the response plan prescribes more severe
demand-reduction measures, the Authority, upon being so advised, will,
in the Latrobe Bulletin or other newspaper of general circulation,
advise that a mandatory restriction of nonessential water uses is
imposed, violation of which may result, upon summary conviction, in
a fine of not more than $300; or a surcharge of not more than $300
for each violation; or the curtailment of water service, whichever
is deemed most appropriate.
If a water shortage emergency is declared by
the Governor of the Commonwealth of Pennsylvania within an area which
includes the service area of the Municipal Authority of the Borough
of Derry and both voluntary and mandatory restrictions of nonessential
water uses have failed to sufficiently reduce the rate of depletion
of all available water supply sources, water rationing may be implemented
upon review and approval of the plan by the Pennsylvania Emergency
Management Council.
Any water customary may apply to the Municipal
Authority of the Borough of Derry for an exemption in terms of this
article which may be granted by the Authority upon adequate evidence
of inequitable hardship.
