Article 5. Water Drought/Emergency
16.5.1. Purpose.
The City of Bel Aire is governed by water restriction regulations imposed by the City’s water supply sources, and associated with the City of Wichita and Chisholm Creek Utility Authority’s ability to supply water to Bel Aire during all levels of water supply conditions.
Accordingly, the City of Bel Aire will address any short-term water shortage problems through a series of stages based on conditions of supply and demand with accompanying triggers, goals and actions. Each stage is more stringent in water use than the previous stage as water supply conditions deteriorate. The City Manager is authorized by the City’s Municipal Code to implement the appropriate conservation measures.
(Ord. 387)
16.5.2. Definitions.
A. Water, as the term is used in this Article, shall mean water available to the City of Bel Aire for treatment by virtue of its water rights or any treated water introduced by the City into its water distribution system, including water offered for sale at any coin-operated site.
B. Customer, as the term is used in this Article, shall mean the account holder(s) using water for any purpose from the City's water distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charge is made at the site of delivery.
C. Waste of water, as the term is used in this Article, includes, but is not limited to:
1. permitting water to escape down a gutter, ditch, or other surface drain; or
2. failure to repair a controllable leak of water due to defective plumbing.
D. Emergency Water Supply Plan, as the term is used in this ordinance, pursuant to the requirements of K.A.R. 28-15-18.
E. The following classes of uses of water are established:
1. Class 1: Water used for outdoor watering; either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational areas; or the washing of motor vehicles, boats, trailers, or the exterior of any building or structure.
2. Class 2: Water used for any commercial or industrial, including agricultural, purposes except water actually necessary to maintain the health and personal hygiene of bona fide employees while such employees are engaged in the performance of their duties at their place of employment.
3. Class 3: Domestic usage, other than that which would be included in either Class 1 or 2.
4. Class 4: Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation.
(Ord. 387)
16.5.3. Declaration of water watch.
A. Whenever the City Manager deems that conditions indicate that the probability of a drought or some other condition causing a major water supply shortage is rising, he/she shall be empowered to declare, that a water watch exists and that steps shall be taken to inform the public and ask for voluntary reductions in water use through use of local media and or radio stations. Such a watch shall be deemed to continue until it is declared by the City Manager to have ended. A water watch would be issued under the conditions of Stage 1 triggers of the Municipal Water Conservation Plan.
B. The Water Watch Stage is triggered by any one of the following conditions:
1. The City storage has fallen below 70% capacity and has a slower than normal recovery rate
2. Demand for one day is in excess of 1.6 million gallons per day (mgd)
3. Provider of purchased water has issued a Stage 1 Water Watch.
(Ord. 387)
16.5.4. Declaration of water warning.
A. Whenever the City Manager finds that drought conditions or some other condition causing a major water supply shortage are present and supplies are starting to decline, it shall be empowered to declare that a water warning exists and will recommend restrictions on nonessential uses during the period of warning by notifying the general public through local media and/or radio stations. Such a warning shall be deemed to continue until it is declared by the City Manager to have ended. A water warning would be issued under the conditions of Stage 2 triggers of the Municipal Water Conservation Plan.
B. The Water Warning Stage is triggered by any one of the following conditions:
1. The City storage cannot be maintained above 60% capacity or has a slower than normal recovery rate
2. Demand for one day is in excess of 1.8 million gallons per day (mgd)
3. Provider of purchased water has issued a Stage 2 Water Warning
(Ord. 387)
16.5.5. Declaration of water emergency.
A. Whenever the City Manager finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare by that a water supply emergency exists and that it will impose mandatory restrictions on water use during the period of the emergency by notifying the general public through local media and/or radio stations. Such an emergency shall be deemed to continue until it is declared by the City Manager to have ended. A water emergency watch would be issued under the Stage 3 triggers of the Municipal Water Conservation Plan.
B. The Water Emergency Stage is triggered by any one of the following conditions:
1. The City storage cannot be maintained above 50% capacity and will not recover
2. Demand for one day is in excess of 2.0 million gallons per day (mgd)
3. Provider of purchased water has issued a Stage 3 Water Emergency
4. Emergency conditions related to repairs or water quality control
(Ord. 387)
16.5.6. Voluntary conservation measures.
A. Upon the declaration of a water watch as provided in Section 16.5.3 the Mayor (or the City Manager) is authorized to request all water consumers to employ voluntary water conservation measures to limit or eliminate nonessential water uses including, but not limited to, limitations on the following uses:
1. Curtailing of some outdoor water use
2. Efficient use of indoor water, i.e. wash full loads, take short showers, don't let faucets run, etc.
B. Upon the declaration of a water warning as provided in Section 16.5.4, the Mayor (or the City Manager) is authorized to request all water consumers to employ voluntary water conservation measures to limit or eliminate nonessential water uses including, and to mandate appropriate limitations including, but not limited to, the following:
1. An odd/even lawn watering system would be imposed on City
2. Any mandatory restrictions adopted by either of the City’s water suppliers.
(Ord. 387)
16.5.7. Mandatory conservation measures.
A. Upon the declaration of a water supply emergency as provided in Section 16.5.5 the Mayor (or the City Manager) is authorized to implement certain mandatory water conservation measures, including, but not limited to, the following:
1. Suspension of new connections to the City's water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the City prior to the effective date of the declaration of the emergency,
2. Restrictions on the uses of water in one or more classes of water use, wholly or in part;
3. Restrictions on the sales of water at coin-operated facilities or sites;
4. The imposition of water rationing based on any reasonable formula including, but not limited to, the percentage of normal use and per capita or per consumer restrictions;
5. Complete or partial bans on the waste of water; and
6. Any combination of the foregoing measures.
B. Violation of any mandatory water conservation measures shall be enforced through the City’s municipal court as violations of this Code in conformance with the City’s general penalty clause.
(Ord. 387)
16.5.8. Emergency water rates.
A. Upon the declaration of a water supply emergency as provided in Section 16.5.5, the Governing Body of the City shall have the power to adopt emergency water rates by Resolution. Such temporary emergency water rates should be designed to encourage conservation of water supplies.
B. Such emergency rates may provide for, but are not limited to:
1. higher charges for increasing usage per unit of use (increasing block rates);
2. uniform charges for water usage per unit of use (uniform unit rate); or
3. extra charges in excess of a specified level of water use (excess demand surcharge).
(Ord. 387)
16.5.9. Emergency regulations.
During the effective period of any water supply emergency as provided for in Section 16.5.5, the Mayor or City Manager is empowered to promulgate such regulations as may be necessary to carry cut the provisions of this Article, any water supply emergency Resolution, or emergency water rate Ordinance. Such regulations shall be subject to the approval of the Governing Body at its next regular or special meeting.
(Ord. 387)
16.5.10. Notice of disconnection for violation of regulations.
If the Mayor, City Manager, or other city official or officials charged with implementation and enforcement of this Article or a water supply emergency Resolution learn of any violation of any water use restrictions imposed pursuant to Section 16.5.7 or Section 16.5.9 of this Article, a written notice of the violation shall be affixed to the property where the violation occurred and the account holder, and any other person known to the City who is responsible for the violation or its correction, shall be provided with either actual or mailed notice. Said notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the City determines is reasonable under the circumstances. Such notice shall also advise that failure to bring such process into compliance within five days of the delivery of such notice water service may be disconnected with no further notice.
Proceeding in accordance with this Section shall not bar issuance of citations for violation in conformance with Section 16.5.7 of this Article.
(Ord. 387)
16.5.11. Disconnection (shut-off).
A. Upon verification that an account holder who was issued a Notice pursuant to Section 16.5.10 has failed to correct, cure or abate the identified violations of emergency water regulations, the City may shut-off water service to the address upon which the violation(s) occurred until the City’s code enforcement official verifies that the property has cured the defect resulting in the disconnection.
B. Water service may be disconnected for failure to the follow emergency water regulations in accordance with the following procedures:
1. All standard shut-off fees shall be applicable.
2. Water service shall not be reconnected until such violation has been abated, as verified by the City’s code enforcement official.
3. If an administrative review hearing of the shut-off is requested by the account holder charged with the violation, he or she shall be given a full opportunity to be heard within two (2) business days following the date upon which shut-off is ordered. The City Manager shall make written findings of fact, and shall make such order of reconnection or continued disconnection pending abatement of violations. Such order shall be a final administrative decision of the City which may be appealed through the District Court of the State of Kansas.
(Ord. 387)
16.5.12. Reconnection.
A reconnection fee shall be paid for the first reconnection of any water service shut-off pursuant to this Article as set within the City’s Fee Schedule. The reconnection fee shall be $200 for a second event, and $300 for any subsequent reconnection following shut-off for violations of the City’s emergency water conservation regulations.
(Ord. 387)
16.5.13. Emergency termination.
Nothing in this Article shall limit the ability of any properly authorized city official from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service is required to protect the health and safety of the public.
(Ord. 387)