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Attachment A Drought Ordinance ARTICLE X. DROUGHT MANAGEMENT RESPONSE PROCEDURE

Sec. 37-121. Scope.

There is hereby established the following policies, rules, duties, penalties and plans for the City of Phoenix to be implemented during a declared water shortage. The drought management response procedure shall include the provisions of this article, rules and guidelines, adopted pursuant to this article and the drought management plan. (Ord. No. G-3335, § 1)

Sec. 37-122. Declaration of policy

It is hereby declared that, because of the conditions prevailing in the City of Phoenix, the general welfare requires that the water resources available to the City be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the City of Phoenix and for the public welfare. (Ord. No G-3335, § 1)

Sec. 37-123. Authorization

The Water Services Director, or his designated representative, is hereby authorized and directed to implement the applicable provisions of the article upon determination in accordance with the standards provided herein that such implementation is necessary to protect the public welfare and safety. (Ord. No. G-3335 § 1)

Section 37-124. Application

The provisions of this ordinance shall apply to all persons, customers, and property served by the Water Services Department wherever situated. (Ord. No. G-3335, § 1)

Sec. 37-125. Water use reduction stages

No customer of the City of Phoenix Water Services Department shall knowingly make, cause, use, or permit the use of water from the City for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provisions of this article, or in an amount in excess of that use permitted by the drought management plan, or emergency response plan, as appropriate, in effect pursuant to action taken by the Water services Director, or his designated representative according to the provisions of this article.

The Water Services Director shall promulgate guidelines which shall set forth the criteria for determining when and where particular regulations within a water use reduction stage are to be implemented and terminated. Such guidelines shall be updated when, in the opinion of the Director, the conditions of the utility system have changed so as to necessitate such update. In addition, such guidelines shall be available for inspection at the City Clerk’s office, and the Water Services Department administrative office during normal business hours. (Ord. No. G-3555, § 1; Ord. No. G-4317, § 1, passed 12-13-2000, eff. 1-12-2001) Sec.37-126. Stage 1—Water alert.

The Water Services Director is authorized to declare a State 1 Water Alert when the Salt River Project or the Central Arizona Water Conservation District announces reductions in allotments to the City of Phoenix water service area, when an insufficient supply appears likely due to water system limitations or structural failure, or when a catastrophic incident threatens the existing water supply or water delivery system. Such declaration may designate the entire area served by the City of Phoenix Water Services Department, or a portion or portions of the service area as affected, in the event the shortage is not system-wide.

Upon declaration by the Water Services Director of the Stage 1 Water Alert and publication of such declaration, the Water Services Department shall implement the latest drought management plan or emergency response plan on file in the City Clerk’s office that has been approved by resolution and kept available for public use and inspection. The water alert shall trigger an intensive public education and information program to assist all customers impacted by the shortage to understand the state of emergency and the need for voluntary compliance. City of Phoenix personnel will direct their resources to enforcement of all existing City codes which influence water use or misuse.

The Water Service Director is authorized to terminate the Stage 1 Water Alert when the Water Services Director determines that the conditions upon which the Stage 1 Water Alert was declared no longer exist. (Ord. No. G-3555, § 1; Ord. No. G-4317, § 1, passed 12-13-2000, eff. 1-12-2001)

Sec. 37-127. Stage 2—Water Warning

The Water Services Director is authorized to declare a Stage 2 Water Warning when the water deliveries from Salt River Project or Central Arizona Water Conservation district are reduced, an insufficient supply situation occurs due to water system limitation or structural failure, or a catastrophic incident limits the existing water supply or water delivery system. Such declaration may designate the entire water service area served by the City of Phoenix, or a portion or portions of the service area as affected, in the event the shortage is not system-wide.

Upon declaration by the Water Services Director of the Stage 2 Water Warning, and publication of declaration, elements of Stage 2 Water Warning as described in the drought management plan or emergency response plan may become mandatory and be enforced. Such elements may include, in addition to any other remedy available in this chapter, any surcharge authorized to be imposed by this chapter for such uses as are contained in section 37-131 [37.130.1] below.

If and when the Water Services Director becomes aware of any violation of any use reduction regulation pertaining to water use or misuse, the Water Services Director shall have authority to take actions, including mandatory measures up to and including disconnection of service, and other such enforcement actions as are required or deemed necessary to assure compliance with the use reduction plan. A written notice shall be placed on the property where the violation occurred; and duplicate mailed to the person who is regularly billed for the service where the violation occurs, and to any other person known to the Department who is responsible for the violation or its correction. Said notice shall describer the violation and order that it be corrected, caused [ceased] or abated immediately or within such specified time as the Department determines is reasonable under the circumstances. If said order is not complied with, the Department may forthwith disconnect the service where the violation occurs. If a service is disconnected, assessment of a fee to be determined by the Water Services Department, will be assessed and collected before service is restored. Said fee shall be in addition to other fees or charges imposed by this chapter for disconnection or reconnection of service.

Upon a second violation at the same property or by the responsible party disconnection may be ordered immediately, and the service shall not be reconnected unless a device supplied by the Department which will restrict the flow of water to said service is installed. Furthermore a fee for reconnection may be imposed in addition to other fees or charges imposed by this chapter for the disconnection and reconnection of service.

The Water Service Director is authorized to terminate a Stage 2 Water Warning when water allotments, deliveries, storage, or distribution system condition are determined to be sufficient to meet consumption demand without mandatory use reduction compliance. (Ord. No. G-3555, § 1; Ord. No. G-4317, § 1, passed 12-13-2000, eff. 1-12-2001)

Sec. 37-128. Stage 3—Water Emergency

The Water Services Director is authorized to declare a Stage 3 Water Emergency when additional reductions in deliveries will occur to a level such that Stage 2 water use reduction measures and inter-service area water transfers, water withdrawals from City wells, and feasible water supply augmentation measures will be insufficient to meet water demands in the service area; or when a supply insufficiency due to system limitation or structural failure has occurred, and Stage 2 water use reduction measures and supply augmentation measures are either not possible or will not meet expected unrestricted demand. Such declaration may designate the entire water services area served by the City of Phoenix, or a portion or portions of the service area as affected, in the event the shortage is not system-wide.

Upon implementation by the Water Services Director or designated representative, mandatory water use reduction programs will be implemented and the surcharge recalculated and applied to meet the increase regulation and enforcement expenses per section 37-131 [37-130.1] below. (Ord. No. G-3555, § 1; Ord. No. G-4317, § 1, passed 12-13-2000, eff. 1-12-2001)

Sec. 37-129. Stage 4—Water crisis

The Water Services Director is authorized to declare a stage 4 Water Crisis when the Director determines that, based on the severity of the crisis, additional measures must be instituted as determined by the Water Services Director to protect human health and safety. The Water Services Director shall declare stage 4 Water Crisis when Stage 3 emergency supply and use reduction programs are insufficient to meet water demand. Such declaration may designate the entire water services area served by the City of Phoenix, or a portion or portions of the service are as affected, in the event the shortage is not system-wide. In addition to any other remedy available, in this chapter, the Director is authorized to set water prices in the form of a surcharge that shall be adjusted to reduce demand to match available supplies. All monies collected from surcharges in excess of replacement of revenues lost through drought-induced demand reductions and use reduction programs shall be used in a manner consistent with section 37-131 [37-130.1] below. (Ord. No. G-3555, § 1; Ord. No. G-4317, § 1, passed 12-13-2000, eff. 1-12-2001)

Sec. 37-130. Water use reduction implementation

During drought or other supply shortage conditions, the Water Services Director shall monitor the projected supply and demand for water on a daily basis and shall advise the City Manager on the extent of the use reduction required through the implementation and/or termination of particular use reduction stages in order for the Department to prudently plan for and supply water. Thereafter, the Water Services Director may order that the appropriate phase of water use reduction be implemented or terminated in accordance with the applicable provisions of this article. Said order shall be made by public announcement and shall be published a minimum of one time in a daily newspaper of general circulation. Applicable restrictions herein outlined shall take effect and be enforceable upon publication of the notice; except that restrictions due to water treatment or delivery system failure, or unforeseen sudden increases in demand for water, shall be enforceable immediately following the filing of intent with the office of the City Clerk. Restrictions shall remain in effect until such time as applicable restrictions are removed. (Ord. No. G-3555, § 1; Ord. No. G-4317, § 1, passed 12-13-2000, eff. 1-12-2001)

Sec. 35-130.1 Surcharges, fees, penalties, and variances

The assessment of surcharges, fee, and penalties is to be considered purely an exercise of the City’s regulatory and police powers, and monies collected from reconnection fees, penalties, and surcharges are in no way to be considered rates for production of water revenue. Those monies shall be placed in a special fund. Said fund shall be used for, but not limited to, meeting the expenses of enforcement of this article, providing demand reduction assistance to customers, meeting demand reduction-induced cash shortfalls, or augmenting water supplies.

The Water Services Director or his designated representative may, in writing, grant variances to persons who apply, on forms supplied by the City, for usages of water not in compliance with the water use reduction programs or for relief of the drought surcharge. These variances will be granted if it is found that such water use is necessary to prevent an emergency condition relating to health, safety, extreme economic hardship; or essential governmental services such as police, fire, and similar emergency services; or for customers who have made every reasonable effort to reduce water use. Efforts made to conserve water at any time prior to onset of drought conditions may be considered in granting said variance. (Ord. No. G-34317, § 1, passed 12-13-2000, eff. 1-12-2001)

Editor’s note—Ordinance No. G-4317, § 1, amended the Code by adding new provisions designated as §§ 37-131 and 37-132. At the discretion of the editor, these provisions have been renumbered as §§ 37-130.1 and 37-130.2, respectively, as ch. 37 already contained sections numbered 37-131 and 37-132.

Sec. 37-130.2 Limited exemption to restrictions for users of reclaimed water

The Water Services Director, at his discretion, may exempt certain uses and users of reclaimed water from any and/or all of the water use reduction requirements and drought restrictions contained in section 37-126 (Water Alert), through and including section 37-129 (Water Crisis). Users must apply for exemption on forms supplied by the Water Services Department as outlined in section 37-131 [37-130.1] (Surcharges, fee, penalties, and variances). Only the use of reclaimed water may be exempted from provisions of the drought plan. Users of both reclaimed water and potable water will not be exempt from restrictions on the use of potable water, and must comply with restrictions in effect during all stages of the plan.

The Water Services Director, in the interest of equity and community acceptance of said use of reclaimed water during a declared drought, may require exempt users to clearly post notices to the effect that the water being used is not from the public drinking water supply, and that said use conforms to water use restrictions in force at the time. Failure to make such posting in a timely fashion may, at the discretion of the Director, result in loss of exemption from the provisions of the drought plan as noted above. (Ord. No. G-34317, § 1, passed 12-13-2000, eff. 1-12-2001)
Note—See the editor’s note following section 37.130.1.