[Adopted 5-10-1989]
A.
No person or entity shall cause, permit or allow:
(1)
The continuing of any leak of water from any water
pipe, valve, faucet, conduit, equipment, facility or device connected
to the Port Ewen Water and Sewer District or which utilizes the Port
Ewen Water and Sewer District on or in any premises owned, leased,
managed, operated or controlled by such person or entity.
(2)
The washing of any vehicle by means of a hose, fire
hydrant or other active source connected to the Port Ewen Water and
Sewer District, except a commercial vehicle washing operation, if
equipment has been installed and is utilized so that at least 50%
of the water used is recirculated by means of a system approved by
the Port Ewen Water and Sewer District.
(3)
The washing of any street, sidewalk, driveway, outdoor
areaway, outdoor steps, building exterior or other structure by means
of a hose, fire hydrant or other active source connected to the Port
Ewen Water and Sewer District or which utilizes town water.
(4)
The use of water from any source for any ornamental
purpose, including, but not limited to, use in fountains, artificial
waterfalls, reflecting pools, lakes and ponds.
(5)
The use of water from the Port Ewen Water and Sewer
District to water any lawn, golf course, ornamental shrub, plant or
tree, except that:
(a)
Town water may be used to water any lawn, tree,
shrub, garden or golf course greens and trees only from 4:00 p.m.
to 5:00 p.m. and 9:00 p.m. to 10:00 p.m.
(b)
Town water may be used at any time to irrigate,
from a hand-held container, vegetables or fruits grown for human consumption.
(c)
Plant nurseries and other commercial users engaged
in the business of growing, distributing or selling plants may use
such water on their business premises for watering ornamental shrubs,
plants or trees, provided that each such user reduces its use of water
by 15% or such other percentage as may hereafter be prescribed for
nonresidential water users.
(6)
The opening or use of any fire hydrant, or of the
water therefrom, for any purpose other than fire protection, except
in accordance with a permit obtained from the Water District and only
for the period of and the purpose authorized by such permit and in
strict adherence to all terms and conditions set forth therein.
(7)
The operation of an air-conditioning system utilizing
water from the Water District in a cooling tower, unless, within 30
days from the effective date of this regulation, a separate meter
is installed to continuously measure the flow of water to the cooling
tower.
(8)
The operation of any air-conditioning system in excess
of two tons of rated capacity or greater or any refrigeration unit
rated at 10 horsepower or greater using water from the Water District,
unless such air-conditioning system or refrigeration unit is equipped
with a water-recirculating device approved by the Water District.
(9)
The use of water from the Water District to fill or
maintain the water level in any swimming pool, except that, provided
that the pool is operated with recirculating equipment, town water
may be used to fill the pool once during each calendar year and thereafter
may be used as necessary to maintain the water level in such pool.
B.
Water consumption reduction plans.
(1)
Each nonresidential user of water from the Port Ewen
Water and Sewer District shall prepare and retain a water-consumption-reduction
plan enabling it to reduce its use of water in stages of 15%, 20%
and 25%, based upon its water consumption during the calendar year.
(2)
Such plans shall be designed so as to achieve and
maintain the fifteen-percent reduction promptly and to achieve the
twenty-percent and twenty-five-percent reductions immediately upon
the declaration of a Stage II and Stage III emergency, respectively.
Each such user shall promptly implement the first phase of its plan
during Stage I and shall reduce its consumption by 15%. On and after
30 days from the effective date of this article, each such user shall
have its water-consumption-reduction plan available at all times for
inspection and copying by employees of the Water District.
If, at any time the Water Superintendent determines that the measures set forth under § 120-30 of this article have not resulted in a sufficient level of conservation in light of existing water supply conditions, a Stage II drought emergency shall be declared. Upon declaration of a Stage II emergency, in addition to those measures set forth hereinabove and in place of § 120-30A(5) through (10).
A.
No person or entity shall cause, permit or allow:
(1)
The user of water from the Port Ewen Sewer and Water
District to fill or maintain the water level in any swimming pool.
(2)
The use of water from the Port Ewen Water and Sewer
District to water any lawn, golf course, ornamental shrub or plant,
except that town water may be used to irrigate, from a hand-held container
only, vegetables or fruits grown for human consumption.
B.
Each nonresidential user of water from the Port Ewen
Water and Sewer District shall fully implement its Stage II water-consumption
plan and shall immediately reduce use of water by no less than 20%.
If, after the imposition of the measures set forth in § 120-31 of this article, the Water Superintendent finds that water consumption must be further reduced, a Stage III emergency shall be declared, and in addition to the measures set forth hereinabove:
A.
All nonresidential users of water from the Port Ewen
Water and Sewer District shall reduce their consumption by no less
than 25%.
B.
All users, both residential and nonresidential, shall
install water-flow-restricting devices in all shower heads.
C.
All air-conditioning systems utilizing water from
the Port Ewen Water and Sewer District shall be operated only in accordance
with hourly restrictions established by the Water Superintendent.
A.
Violations of this regulation shall be punishable
by fines of a minimum of $50 and a maximum of $250 for the first infraction,
and a minimum of $250 and a maximum of $500 for every infraction thereafter.
B.
In addition to any penalties which may be imposed
by the Town Justice, where a leak-and-waste notice has been served
in accordance with Water District rules and the condition to which
such notice relates has not been corrected, a penalty of up to $50
per day may be imposed by the Water Superintendent and added to the
water rents relevied on the tax roll.
C.
Water service may be terminated for violation of any
provision of this article or for any waste of water.
D.
The Water Superintendent shall be authorized to issue
appearance tickets for a violation of these drought emergency rules
and regulations.
A.
Upon the application of any person or entity, the
Town Board may, at its discretion, grant a variance relieving such
person or entity from compliance with any of the requirements of this
article, if such person or entity demonstrates to the satisfaction
of the Town Board:
(1)
That undue hardship would otherwise result;
(2)
That there are no possible alternatives;
(3)
That the applicant has taken and will take all possible
measures to conserve water, with a complete description of such measures
and the water savings to be effected; and
(4)
That such variance is not inconsistent with the purposes
of this emergency article.
B.
In connection with any variance which may be granted,
the Board shall impose such terms and conditions as it deems appropriate.
This article may be placed in effect at the
request of the Town Superintendent and after presentation and resolution
of the Town Board and shall remain in effect until modified or until
the Superintendent of the town shall declare said drought emergency
terminated.
