[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.
AESTHETIC USES
ANY WATER
ARBORETUM
BRACKISH WATER
COMMISSION
COUNCIL
DEPARTMENT
FRESH WATER
MOBILE EQUIPMENT
NURSERIES
PEMA
PUBLIC WATER SUPPLY AGENCY
RECLAIMED WATER
WASTE WATER
WATER FROM A NONPOTABLE SOURCE
WATER USER
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:
The use of water for ornamental or decorative purposes, such
as fountains, reflecting pools and waterfalls.
Any type of water, including fresh water, brackish water,
waste water or reclaimed waste water.
A place where trees, shrubs and plants are cultivated for
scientific and educational purposes.
Water containing more than 1,000 parts per million of dissolved
salts.
The Delaware River Basin Commission, created by the Delaware
River Basin Compact (32 P.S. §§ 815.101-815.106).
The Pennsylvania Emergency Management Council created by
35 Pa.C.S.A. §§ 7101-7707 (relating to emergency management
services).
The Department of Environmental Protection of the Commonwealth.
Water withdrawn from a surface water or groundwater source,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.
A public, private or commercial automobile, truck, bus, trailer,
railroad car, camper, boat or another type of similar equipment.
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.
The Pennsylvania Emergency Management Agency of the Commonwealth
created by 35 Pa.C.S.A. §§ 7101-7707.
A person, partnership, association, corporation, municipality
or municipal authority, district or other entity supplying or authorized
to supply water to the public.
Waste water which has been treated to allow reuse.
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 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.
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:
(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.
