Borough of Emmaus, PA
Lehigh County
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[Ord. 880, 3/1/1999, § 201]
If the Borough experiences a short term supply shortage, the Borough may request general conservation of inside water uses and may impose mandatory conservation measures to reduce or eliminate nonessential uses of water.
[Ord. 880, 3/1/1999, § 202]
The Borough shall first request voluntary curtailment of all nonessential uses of water.
[Ord. 880, 3/1/1999, § 203]
If voluntary cooperation does not achieve satisfactory results, mandatory compliance may be imposed by the Borough Council either independently or in compliance with a directive or order of the Governor of Pennsylvania. If any customer refuses to comply with such mandatory measures the Borough may, after proper notice and explanation, either adjust the outside water valve connection in a manner which will restrict water flow up to 1/2, or otherwise restrict flow such as by the insertion of a plug device. If customer compliance is still not achieved, complete service termination may be imposed by an administrative law judge or other presiding officer following an expedited hearing.
[Ord. 880, 3/1/1999, § 204; as amended by Ord. 940, 1/7/2002, § 2]
Nonessential uses of water shall follow the same guidelines as those set forth in 4 Pa. Code, Chapter 119:
A. 
Definitions. The following words and terms, when used in this Part and any enforcement proceeding sought by the Borough, shall have the following meanings, unless the context clearly indicates otherwise:
AESTHETIC USES
The use of water for ornamental or decorative purposes, such as fountains, reflecting pools and waterfalls.
ANY WATER
Any type of water, including fresh water, brackish water, waste water or reclaimed waste water.
ARBORETUM
A place where trees, shrubs and plants are cultivated for scientific and educational purposes.
BRACKISH WATER
Water containing more than 1,000 parts per million of dissolved salts.
COMMISSION
The Delaware River Basin Commission, created by the Delaware River Basin Compact (32 P.S. §§ 815.101-815.106).
COUNCIL
The Pennsylvania Emergency Management Council created by 35 Pa.C.S.A. §§ 7101-7707 (relating to emergency management services).
DEPARTMENT
The Department of Environmental Protection of the Commonwealth.
FRESH WATER
Water withdrawn from a surface water or groundwater source, or from a public water supply system located within this Commonwealth, which has not been previously used, other than brackish water and water from a nonpotable source. The term does not include water collected directly from precipitation in rain barrels or cisterns.
MOBILE EQUIPMENT
A public, private or commercial automobile, truck, bus, trailer, railroad car, camper, boat or another type of similar equipment.
NURSERIES
Facilities which are used to grow or keep plants, trees, shrubs, vines, bulbs, cuttings, flowering annual plants, aquatic plants, seeds or tubers for propagation, distribution or sale.
PEMA
The Pennsylvania Emergency Management Agency of the Commonwealth created by 35 Pa.C.S.A. §§ 7101-7707.
PUBLIC WATER SUPPLY AGENCY
A person, partnership, association, corporation, municipality or municipal authority, district or other entity supplying or authorized to supply water to the public.
RECLAIMED WATER
Waste water which has been treated to allow reuse.
WASTE WATER
Water which has been previously used for industrial, municipal, domestic or other purpose, and has not been returned to the surface water or groundwater source.
WATER FROM A NONPOTABLE SOURCE
Water from a surface water or groundwater source which the Department determines is not used for public or private drinking water supply, and is not capable of being rendered suitable for drinking water supply by standard and economically feasible methods of treatment.
WATER USER
An individual, partnership, association, company, corporation, municipality, municipal authority, political subdivision or an agency of federal, state, county or municipal government. The term includes the officers, employees and agents of a partnership, association, company, corporation, municipality, municipal authority, political subdivision or an agency of federal, state, county or municipal government.
B. 
Purpose. This Part restricts nonessential water uses in response to a state of drought and water shortage emergency that has been declared by the Governor within specified areas of this Commonwealth to conserve water, to balance demand with limited available supplies and to assure that sufficient water is available to serve essential health, safety and economic needs. This Part also restricts nonessential water uses where the Borough Council has declared a water emergency due to a local lack of nonpotable water or equipment failure or other emergency.
C. 
Scope. This Part applies to all water uses within areas of this Commonwealth which are included in the Governor's proclamation or executive order that declares a state of drought or water shortage emergency, and also those uses so specified in any declaration of local water emergency declared by the Borough Council of the Borough of Emmaus.
D. 
Prohibition of Nonessential Water Uses. Whenever the Governor declares by proclamation or executive order a state of drought or water shortage emergency in an area of this Commonwealth, or the Emmaus Borough Council declares a water emergency on a local level, the following water uses shall be deemed nonessential and are prohibited within areas that have been declared to be in a state of drought or water shortage emergency.
(1) 
The use of water for watering of lawns, except: (a) Water may be applied to grass areas as part of a sewage or storm water treatment system utilizing spray irrigation. (b) Water may be applied at the minimum rate necessary to maintain grass tennis courts. (c) Water may be used at the minimum rate necessary to establish and maintain newly seeded and sodded grass areas when applied between the hours of 5:00 p.m. to 9:00 a.m. by means of a bucket, can or hand-held hose equipped with an automatic shut-off nozzle. Sprinklers may not be used for this purpose. (d) Water may be used at the minimum rate necessary to establish and maintain newly seeded or sodded nonresidential grass areas exceeding 10,000 square feet when applied between the hours of 5:00 p.m. and 9:00 a.m., by any means designed and operated to assure effective conservation of the water. (v) Water may be used by a professional landscaper at the minimum rate necessary on newly seeded and sodded grass areas greater than 10,000 square feet during regular working hours by any means designed and operated to assure effective conservation of the water.
(2) 
The use of fresh water for irrigation and watering of outdoor gardens, landscaped areas, trees, shrubs and other outdoor plants except that fresh water may be: (a) Used for agricultural irrigation for the production of food and fiber, the maintenance of livestock and poultry or the production of nursery stock. (b) Applied by means of a hand-held hose equipped with an automatic shut-off nozzle, when applied between the hours of 5:00 p.m. and 9:00 a.m. (c) Applied by means or a hand-held container or hand-held hose equipped with an automatic shut-off nozzle at the minimum rate necessary to establish and maintain newly planted gardens, trees, shrubs or other outdoor plants. Sources of water, other than fresh water, shall be used where available. (d) Used by commercial nurseries at the minimum rate necessary to maintain stock, only to the extent that sources of water other than fresh water adequate to supply needs are not available or feasible to use. (e) Used by arboretums and public gardens of national, state or regional significance at the minimum rate necessary to preserve specimens, to the extent that sources of water other than fresh water adequate to supply needs are not available or feasible to use. (f) Used at the minimum rate necessary to implement revegetation following earthmoving, where revegetation is required under an approved erosion and sedimentation control plan adopted under state law or regulation, to the extent that sources of water, other than fresh water, adequate to supply needs are not available or feasible to use. Revegetation use shall comply with applicable best conservation management practices for revegetation prescribed by the Department and County Conservation Districts.
(3) 
The use of fresh water for watering a portion of golf courses, except that fresh water may be used: (a) To water tees and greens during the hours of 5:00 p.m. and 9:00 a.m. (b) To syringe heat sensitive grasses during daytime stress periods at the minimum rate necessary. (c) As part of a necessary overseeding or resodding operation during the months of August, September and October at the minimum rate necessary.
(4) 
The use of water for washing paved surfaces, such as streets, roads, sidewalks, driveways, garages, parking areas, tennis courts and patios, except water may be used: (a) For prewashing in preparation of asphalt street or driveway recoating and sealing. (b) At the minimum rate necessary for the maintenance of tennis courts composed of clay or similar materials by means or a hand-held hose equipped with an automatic shut-off nozzle. (c) At the minimum rate necessary for sanitation of the premises of eating and drinking places.
(5) 
The use of water for ornamental purposes, including fountains, artificial waterfalls and reflecting pools.
(6) 
The use of water for washing or cleaning of mobile equipment, including automobiles, trucks trailers and boats, except that: (a) An individual may wash personally owned or leased vehicles by buckets only. (b) Water may be used by commercial car washes at the minimum rate necessary to ensure an effective wash. (c) 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. (d) Water may be used for the cleaning of new and used cars which are part of a dealer's sales inventory in accordance with the following restrictions:
(a) 
A vehicle may be washed in preparation for sale at the time the vehicle is received from the manufacturer or prior owner.
(b) 
A vehicle shall be washed no more than once every seven days, to be determined as follows: (i) odd street addresses on Tuesdays; (ii) even street addresses on Wednesdays; (iii) no street address on Thursdays.
(c) 
A vehicle may be washed following sale immediately prior to delivery to the purchaser.
(d) 
A vehicle may be washed only by a means designed and operated to assure effective conservation of water or by bucket of hand-held hose equipped with an automatic shutoff nozzle.
(i) 
Water may be used by professional mobile wash businesses, at the minimum rate necessary, for the washing of commercial, government or other vehicles as part of normal business practices.
(7) 
The serving of water in restaurants, clubs or eating places, unless specifically requested by the individual.
(8) 
The use of water to fill and top off swimming pools, except that water may be used to fill and top off: (a) 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. (b) Swimming pools operated by health care facilities used in relation to patient care and rehabilitation. (c) 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.
E. 
Variances from the Prohibition of Nonessential Uses of Water In Local Emmaus Borough Water Emergency. Where the Borough Council has independently declared a Water Emergency due to local shortage of potable water or equipment failure or pipe breakage, the following procedures shall be implemented to afford persons a forum for seeking relief from the restrictions. If the water emergency has been declared by the Borough Council, the Council shall sit as a committee of the whole to hear such applications, utilizing the standards of review and application procedures as set forth in the Zoning Ordinance at Chapter 27, § 27-116(2), for conditional use applications. Such decision shall be appealable to the Lehigh County Court of Common Pleas as a decision of an agency under the Local Agency Law. Where the water emergency is declared by the Governor, the procedures set forth in 4 Pa.Code, Chapter 119, shall be applicable.
F. 
Procedure for Exemptions or Variance From the Prohibition of Nonessential Uses of Water.
(1) 
If compliance with the prohibition of nonessential use of water would result in extraordinary hardship upon a water user, the water user may apply for an exemption or variance.
(2) 
For purposes of this section, extraordinary hardship means a permanent damage to property or other personal or economic loss which is substantially more severe than the sacrifices borne by other water users subject to the prohibition of nonessential use of water.
(3) 
A water user that believes it suffers an extraordinary hardship and desires to be wholly or partially exempt from the prohibitions or nonessential use of water may apply for an exemption or variance under the following procedures:
(a) 
The water user shall submit a written application with full documentation supporting the need for the requested relief to: Commonwealth Drought Coordinator c/o Department of Environmental Protection, Bureau of Water Supply & Community Health, Post Office Box 8467 Harrisburg, Pennsylvania 17105-8467.
(b) 
The application shall contain information specifying:
(i) 
The nature of the hardship claimed and the reason for the requested exemption or variance.
(ii) 
The efforts taken by the water user to conserve water and the extent to which water use may be reduced by the applicant without extraordinary hardship.
(c) 
The Commonwealth Drought Coordinator will review the application in consultation with the staff of PEMA and other appropriate Commonwealth agencies, and may request the water user to provide within a reasonable time additional information as necessary to review the application.
(d) 
The Commonwealth Drought Coordinator, as agent for PEMA and the Council, is authorized to render a decision regarding applications received for exemption or variance. The Commonwealth Drought Coordinator will provide the water user and other interested parties notice in writing of the decision and the reasons for the decision. When possible, the Commonwealth Drought Coordinator will provide a decision within seven working days of submission of an application or of additional information as necessary to review the application, unless appealed under this section, the decision of the Commonwealth Drought Coordinator shall be considered a final action on the application.
(e) 
A water user aggrieved by a decision of the Commonwealth Drought Coordinator may, within 30 days of notice of the decision, appeal the decision to the Council.
(f) 
An appeal from an initial decision of the Commonwealth Drought Coordinator will not act as an automatic supersedes, but, upon cause shown and where the circumstances require it, the Commonwealth Drought Coordinator or the Council, or both, will have the power to grant a supersedes.
(g) 
When an initial decision is appealed, the Council will provide the water user with an opportunity for a hearing. The council will appoint a presiding officer to act as the hearing officer. Hearings will be conducted under 1 Pa. Code, Part II, (relating to general rules of administrative practice and procedure).
(h) 
The hearing examiner will provide the record of the hearing, if any, and a recommendation to PEMA and Council for review and adoption.
(i) 
The Council will notify the water user in writing of its final decision and the reasons for the decision regarding the appeal.
(4) 
An exemption or variance will only be granted to a water user to the extent necessary to relieve extraordinary hardship and will be conditioned upon compliance with all reasonable conservation measures required by this Part or the variance or exemption.
(5) 
An exemption or variance approved by the Council may be modified or rescinded if public health, safety and welfare require further reduction in water use.
(6) 
An exemption or variance granted to a water user for a specific property, purpose or person is not transferable to another property, purpose or water user without prior written approval from PEMA and the Council.
G. 
Implementation Period. This Part shall be implemented upon declaration by the Governor of a drought or water shortage emergency, and shall remain in effect during the period of the emergency until terminated by action of the Governor or by concurrent resolution of the General Assembly. Notice of the termination of the drought emergency and the reversion of this Part to a standby status will be submitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
[Ord. 880, 3/1/1999, § 205]
In the event of a drought emergency, (as declared by a river basin commission and or by a proclamation or executive order issued by the Governor), the Borough is authorized to collect fines and/or excess use charges as set forth in its Local Rationing Plan as filed with and approved by the Pennsylvania Emergency Management Agency from any water user. Fines may also be imposed upon water users for violation of any part of this Part, upon a finding by a District Justice of noncompliance with an official Borough directive or emergency plan, at a rate not in excess of $300 per day per event. A water user who violates this Part by violating a state directive, fails to implement the duties and responsibilities imposed by this chapter or impedes or interferes with action undertaken or ordered under this Part shall be subject to the penalties provided under 35 Pa.C.S.A. § 7707 (relating to penalties). Violation of a provision of this Part is a summary offense enforceable by proper law enforcement authorities or private citizens under 234 Pa.Code, Chapter 50.