[Adopted 4-13-1981 by Ord. No. 323; amended
in its entirety 11-7-2018 by Ord. No. 1032]
As used in this chapter, the following terms
shall have the meanings indicated:
Water from any source including publicly or privately owned
surface or groundwater sources such as springs, wells, streams, or
ponds, including fresh water, brackish water, wastewater and water
collected directly from precipitation in rain barrels, cisterns, or
similar containers.
A place where trees, shrubs, and plants are cultivated for
scientific and educational purposes.
A surface used for organized professional or amateur sports
including racing, contained within marked boundary lines or barriers.
The term does not include foul, out-of-bounds or out-of-play areas.
Use of any water that is necessary to serve essential health,
safety and economic needs, including the maintenance of human, animal,
and plant life.
Board of Commissioners of South Whitehall Township, Lehigh
County, Pennsylvania.
Water containing more than 1,000 parts per million (ppm)
of dissolved salts.
Commonwealth of Pennsylvania.
The Department of Environmental Protection of the Commonwealth.
Use of water at the minimum rate necessary for the intended
purpose, in a manner that does not result in the use of water for
purposes that are prohibited by this article and in a manner that
does not allow application or runoff of water onto areas that are
prohibited by this article.
Water withdrawn from a surface water or groundwater source,
or from a public water supply system, located within this commonwealth
other than wastewater or brackish water. The term does not include
water collected directly from precipitation in rain barrels, cisterns
or similar containers.
Governor of this commonwealth.
person who is engaged in the business of design, installation
or repair of irrigation equipment as a source of income.
A public, private, or commercial automobile, truck, bus,
trailer, cart, wagon, railroad car, camper, boat, or other type of
similar equipment.
A grass area from which all growth was removed or tilled
under and to which new seed or sod was applied within the previous
12 months.
Facilities which are used to grow or keep plants, trees,
shrubs, vines, bulbs, cuttings, grafts, flowering annual plants, aquatic
plants, seeds, turf, grass, sod, or tubers for propagation, distribution,
or sale.
The Pennsylvania Emergency Management Agency.
Any surface, such as streets, roads, sidewalks, driveways,
garages, parking areas, tennis courts, decks, and patios, which has
been covered with concrete, asphalt, tile, wood, or other similar
materials, but not including walls or vertical surfaces of buildings.
A person who is engaged in the business of installing or
maintaining landscape materials as a full-time job.
An athletic field with a man-made root zone that contains
a minimum of 60% of sand, by weight, in the top four to 12 inches
of the root zone.
The area served by the water system which supplies potable
water to residents and businesses in and adjacent to South Whitehall
Township.
South Whitehall Township, Lehigh County, Pennsylvania.
Water which has been previously used for industrial, municipal,
domestic, or other purpose, and has not been returned to a surface
water or groundwater source.
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.
A declaration by the Board of Commissioners or its designee
that the water levels in the water towers or other reserve facilities
are at less than 60% of capacity, and that the restrictions found
in this article shall be implemented.
The purpose of this article is to restrict nonessential
water uses in the service area in response to a water supply emergency,
in order 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 article shall apply to all water uses within
the service area regardless of the source of the water.
In the event of a water supply emergency declared by the Board
of Commissioners, the water uses set forth in this section are deemed
nonessential and are prohibited within the service area. Nothing in
Subsections A through D allows a prohibited use of water as either
a direct or indirect effect of the exceptions contained therein.
A.
The use of any water for watering of grass, except:
(1)
Water may be applied to grass areas approved prior to or during
the emergency as part of a sewage or stormwater treatment system utilizing
spray irrigation, which system was approved in a permit issued by
the Department prior to the drought emergency proclamation.
(2)
Water may be used to establish and maintain newly seeded and
sodded grass areas when applied between the hours of 5:00 p.m. and
9:00 a.m. by means of a bucket, can, or handheld hose equipped with
an automatic shutoff nozzle, or when applied between the hours of
7:00 p.m. and 11:00 p.m. by any other means designed and operated
to ensure effective conservation.
(3)
Water may be applied by a professional landscaper to establish
and maintain newly seeded and sodded grass areas during working hours
by any means designed and operated to ensure effective conservation.
(4)
Water may be used by professional landscapers or irrigation
contractors for the purpose of testing newly installed or repaired
irrigation equipment for a period not to exceed 15 minutes per irrigation
zone.
(5)
Water may be applied for the purpose of grub control one time
during the effective period of the water supply emergency declared
by the Board of Commissioners.
(6)
Water may be used, in a manner that ensures effective conservation,
to implement vegetation following earthmoving, where revegetation
is required under an erosion and sedimentation control plan adopted
under state law or regulation. Re-revegetation prescribed by the Department
and county conservation districts.
B.
The use of any water for watering athletic fields, except that:
(1)
Water may be applied to athletic field grass areas approved
prior to or during the emergency as part of a sewage or stormwater
treatment system utilizing spray irrigation, which system was approved
in a permit issued by the Department prior to the drought emergency
proclamation.
(2)
Water may be applied to maintain grass tennis courts, by means
of a bucket, can, or handheld hose equipped with an automatic shutoff
nozzle or by means of an irrigation system that is designed and operated
to restrict the timing or total volume of water, when applied between
the hours of 5:00 p.m. and 9:00 a.m. in a manner that ensures effective
conservation.
(3)
Water may be applied to athletic field grass areas, other than
sand-based athletic field grass areas, by a means and in a manner
that ensures effective conservation, between 5:00 p.m. and 9:00 a.m.
during one night per calendar week, beginning two weeks prior to use
of the athletic field for practice, regular season play or other organized
use and continuing through the end of the same practice or regular
season or other organized use, in accordance with a schedule that
has been submitted, at least seven days prior to implementation, the
Township, or the Township Police Department.
(4)
Water may be applied to sand-based athletic field grass areas
in accordance with a plan approved by the Township. Approval of the
plan shall be in accordance with:
(a)
The quantities of water applied shall be measured by means of a volumetric
meter, and reports of weekly total water use shall be submitted electronically
to the Township, as the case may be, on a monthly basis during the
emergency in a form acceptable to the Township, as the case may be.
(b)
Water may be applied at an average daily rate that does not exceed
54,300 gallons per acre per week.
(c)
Water shall be applied by a means and in a manner that ensures effective
conservation.
(d)
All meters and meter records shall be made available by the athletic
field operator for inspection by representatives of the Township and/or
the Township Police Department, at all times.
(e)
A copy of the approved plan shall be submitted to the Township and/or
the Township Police Department prior to implementation.
(f)
Noncompliance by the water user with any term or condition of the
approved plan shall cause the plan to be void, and any further use
of water under this exception shall be prohibited.
(5)
Water may be applied to establish and maintain newly seeded
or sodded grass areas by means and in a manner that ensures effective
conservation.
(6)
Water may be applied to athletic field non-grass areas to control
dust during an athletic event, by means and in a manner that ensures
effective conservation, if dust control is a necessity to protect
health or safety.
(7)
Water may be used by professional landscapers or irrigation
contractors for the purpose of testing newly installed or repaired
irrigation equipment for a period not to exceed 15 minutes per irrigation
zone.
C.
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:
(1)
Used for irrigation for the production of food and fiber, and
the maintenance of livestock and poultry.
(2)
Applied by means of a bucket, can, handheld hose equipped with
an automatic shutoff nozzle, or an irrigation system that is designed
and operated to restrict the timing or total volume of water and to
restrict the application to specific plantings and that ensures effective
conservation, when applied between the hours of 5:00 p.m. and 9:00
a.m. Sources of water, other than fresh water, shall be used to the
extent available.
(3)
Used by nurseries to maintain stock, by a means that ensures effective
conservation, only to the extent that sources of water other than
fresh water adequate to supply needs are not available or feasible
to use.
(4)
Used by public gardens of national, state or regional significance
or arboretums to preserve specimens, by a means that ensures effective
conservation, only to the extent that sources of water other than
fresh water adequate to supply needs are not available or feasible
to use.
(5)
Used by a professional landscaper or irrigation contractor during
working hours, by a means that ensures effective conservation.
(6)
Used, in a manner that ensures effective conservation, 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.
D.
The use of any water for watering any portion of golf courses, except
water may be applied to greens, tees, and fairways in accordance with
a plan submitted by the golf course operator and approved by the Department
no earlier than three years prior to the month of use during an emergency.
Approval of the plan shall be in accordance with the following:
(1)
The quantities of water applied shall be measured by means of a volumetric
meter, and reports of daily total water use shall be submitted electronically
to the Township, as the case may be, on a monthly basis during the
emergency, in a form acceptable to the Township, as the case may be.
(2)
Water may be applied at an average daily rate that does not exceed
70% of the calendar month basis quantity. The basis quantity shall
be determined for each calendar month, as follows:
(a)
Metered water for the same calendar month, for each of the five years
previous to submittal of the plan to the Township, as the case may
be, shall be averaged, after deducting all water that was used for
purposes other than irrigation of greens, tees and fairways.
(b)
To the extent that metered data is not available for any year prior
to July 7, 2002, or the date of installation of the current irrigation
system, whichever is later, an application rate of 41,000 gallons
per week per acre of greens, tees, and fairways currently irrigated
may be used in lieu of metered data.
(c)
The basis quantity may not be less than 30,000 gallons per week per
acre nor more than 54,000 gallons per week per acre.
(4)
Meters and meter records shall be made available by the golf course
operator for inspection by representatives of the Township and/or
the Township Police Department, at all times.
(5)
A copy of the approved plan shall be submitted to the Township, and/or
the Township Police Department, prior to implementation.
(6)
Water may be applied between the hours of 10:00 a.m. and 5:00 p.m.
with a handheld hose equipped with an automatic shutoff nozzle, to
syringe heat-sensitive grasses on tees, greens and fairways, in a
manner that ensures effective conservation and so that water is applied
to no grass area for a period exceeding 15 minutes in any one day.
(7)
Water may be used by professional landscapers or irrigation contractors
during regular work hours for the purpose of testing newly installed
or repaired irrigation equipment for a period not to exceed 15 minutes
per irrigation zone.
(8)
Noncompliance by the water user with any term or condition of the
approved plan shall cause the plan to be void, and any further use
of water under this exception shall be prohibited.
E.
The use of water for washing paved surfaces, except that water may
be used:
(1)
For prewashing in preparation for recoating and sealing.
(2)
At the minimum rate necessary for the maintenance of tennis
courts composed of clay or similar materials, by means of a bucket,
can, or handheld hose equipped with an automatic shutoff nozzle.
(3)
At the minimum rate necessary for sanitation of the premises of a
raw or processed food, pharmaceutical or vaccine processing, storage,
or vending establishments, including restaurants or grocery stores.
(4)
At the minimum rate necessary for the sanitation of the premises
of waste handling, storage, and disposal facilities.
(5)
At the minimum rate necessary to comply with permit conditions or
other regulatory requirements.
F.
The use of water for ornamental purposes, including fountains, artificial
waterfalls and reflecting pools, except that:
G.
The use of any water for washing or cleaning of mobile equipment,
except that:
(1)
An individual may wash personally owned or leased vehicles by buckets
and may use a handheld hose equipped with an automatic shutoff nozzle
to prerinse and rinse (total spray period not to exceed two minutes),
in accordance with the following schedule:
(2)
Water may be used by commercial car washes at the minimum rate necessary
to ensure an effective wash.
(3)
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.
(4)
Water may be used for cleaning and sanitizing equipment used for
hauling or vending raw or processed food, pharmaceuticals or vaccines
for human or livestock use, or for handling waste products.
(5)
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:
(6)
Water may be used by professional mobile wash businesses, at the
minimum rate necessary, for the washing of vehicles as part of its
normal business practices.
H.
The serving of water in restaurants, clubs, or eating establishments.
unless specifically requested by the individual.
I.
The use of any water to fill and top off swimming pools, except that
water may be used to fill and top off:
(1)
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.
(2)
Swimming pools operated by health care facilities used in relation
to patient care and rehabilitation.
(3)
Other pools only if approved by the Township. If water is obtained
from sources other than the Township, permission from the owner of
the source is required. Such permission must be written, made subject
to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn
falsification to authorities, and must contain a notarized acknowledgement.
(4)
Pools registered as an emergency water storage reservoir with the
local fire company and/or the Township.
J.
The use of water from a fire hydrant, including sprinkler caps, for
any purpose, except the following permissible uses:
(1)
Firefighting.
(2)
Testing of firefighting apparatus or conducting water flow tests
for fire insurance classification or reclassification, if approved
by the Township, as the case may be.
(3)
Flushing sewers, water mains or hydrants when needed to protect public
health and safety, if approved by the Township, as the case may be.
(4)
The filling of tank trucks at designated facilities, if approved
by the Township, as the case may be.
K.
The use of any water that is not for beneficial use.
A.
A new or existing pool may be designated as an emergency water storage
reservoir upon registration, on a form approved by PEMA, with the
local fire company and the Township.
B.
After registration as an emergency water storage reservoir, the pool
may be filled only from such sources and at such times as specifically
approved in writing by the operator of the public water supply system
from which the water is withdrawn and, if applicable, in writing by
the Department.
C.
The owner of any pool used as an emergency water storage reservoir
shall keep a certified manifest or certified record of all water used
to fill the pool. The manifest or record shall accurate record the
quantity of water used, the source of the water, and the time when
the water was withdrawn, and shall contain the certification and signature
of the owner of the pool and of the person responsible for the source
of water or for the transport and provision of the water. The owner
of the pool shall, on request, provide the manifest or record to any
authorized agent or officer of any public water supply system, fire
company, local government, or state agency.
D.
All pools used as emergency water storage reservoirs shall have filtration
equipment allowing for continued use and recycling of the water over
the swimming season.
E.
To reduce evaporation and keep water losses to a minimum, all pools
designated as emergency water storage reservoirs shall be covered
whenever not in use for swimming and all diving boards shall be removed
and not used during the period of water supply emergency.
F.
Water stored in any emergency water storage reservoir shall be made
available on demand to any fire company or public water supply system
to provide water for health and safety needs.
To (a) maintain a minimum of 60% storage in Township storage tanks to supply fire protection in the higher elevations of the service area; (b) minimize the effect of any other water emergency; (c) assure the conservation of water; and/or (d) assure that sufficient water is available to serve essential health, safety and economic needs, the Board of Commissioners or its designee, at their discretion, may declare a water supply emergency whenever such a declaration will meet or assist in meeting one or more of the public purposes recited in this § 342-20.3.
Any resident within the service area may apply to the Board
of Commissioners for an exemption from the terms of this article,
which may be granted by the Board of Commissioners upon adequate evidence
of extraordinary hardship imposed through adherence to the provisions
of this article. For purposes of this section, "extraordinary hardship"
means permanent damage to property, including perishable raw or processed
product, or other personal or economic loss which is substantially
more severe than the sacrifices borne by other water users subject
to the water use restrictions set forth herein.
Any person, firm or corporation who or which
violates or permits a violation of this article shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Township before a District Justice, pay a fine of not more
than $1,000, plus all court costs, including reasonable attorney's
fees, incurred by the Township in the enforcement of this article;
or the Township shall curtail water service. No judgment shall be
imposed until the date of the determination of the violation by the
Magisterial District Judge. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable Rules of Civil Procedure. Each day a violation exists
shall constitute a separate offense. Further, the appropriate officers
or agents of the Township are hereby authorized to seek equitable
relief, including an injunction, to enforce compliance herewith.
In the event of a water supply emergency declared
by the Governor, all restrictions, penalties or enforcement imposed
by said declaration shall supersede the restrictions referred to in
this article to the extent the restrictions, penalties or enforcement
in said declaration are more stringent than those imposed by this
article.
