DRAFT

STATE OF CONNECTICUT MODEL WATER USE RESTRICTION ORDINANCE    (Click here for this document in Word format)

Introduction

This is a model provided by the State of Connecticut for use in developing ordinances to restrict the use of water supplied by a water company. It is for communities wishing to establish enforceable limitations on the use of water during emergencies and temporary periods of high water demand. Proposed restrictions included in the ordinance should be consistent with the schedule of drought response measures indicated in the individual water supply plans of the water company and the Connecticut Drought Preparedness and Response Plan. Persons violating the ordinance’s restrictions would be subject to civil fines. The State believes it is important for municipalities to consider exemption procedures for the restrictions included within their ordinance. These or other exemptions may be appropriate due to the economic or public health impact of water use restrictions on specific industry or population sectors. Municipalities should give careful consideration to the type of uses granted exemptions and should consider conditioning those exemptions to ensure that those granted exemptions are operating in a water efficient manner.

 If a water company is experiencing issues affecting its ability to consistently provide an adequate supply of water, implementing the model ordinance may not address the problem. In that case, a declaration of public drinking water supply emergency under C.G.S. 25-32b should be requested from the Department of Public Health.

Local requirements for adopting ordinances may vary according to the terms of individual municipal charters. Consultation with municipality counsel is encouraged before adopting any ordinance. The State makes no representation concerning the legal effect or validity of this model.

1.0      Authority

 The municipality, under its powers pursuant to state law, has adopted this ordinance to protect public health and welfare. This ordinance implements the municipality’s authority to impose water use restrictions, conditioned upon a state of water use restrictions or a declaration of public drinking water supply emergency issued by the Department of Public Health pursuant to C.G.S. 25-32b.

2.0     Purpose

The purpose of this ordinance is to protect, preserve and maintain the public health, safety and welfare whenever there is in force a State of Water Use Restriction or State of Public Drinking Water Supply Emergency by providing for enforcement of any duly imposed restrictions, requirements, provisions or conditions imposed by the municipality or by the State of Connecticut.

 3.0        Definitions

Agriculture shall mean farming in all its branches as defined in C.G.S. Section 1-1(q).

Outdoor Watering shall mean any watering of decorative lawns, trees or shrubbery by water users.

Municipality means any town, consolidated town and city, consolidated town and borough, city, borough, and village.

Person means any individual, partnership, association, firm, limited liability company, corporation or other entity, except a municipality, and includes the federal government, the state or any instrumentality of the state, and any officer or governing or managing body of any partnership, association, firm or corporation or any member or manager of a limited liability company.

State of Public Drinking Water Supply Emergency shall mean a State of Public Drinking Water Supply Emergency declared by the Department of Public Health in consultation with the Department of Environmental Protection, and the Department of Public Utility Control under C.G.S. 25-32b.

State of Water Use Restriction shall mean a State of Water Use Restriction declared by the municipality pursuant to section 4 of this ordinance.

Water Company means any individual, partnership, association, corporation, municipality or other entity, or the lessee thereof, who or which owns, maintains, operates, manages, controls or employs any pond, lake, reservoir, well, stream or distributing plant or system that supplies water to two or more consumers or to twenty-five or more persons on a regular basis provided if any individual, partnership, association, corporation, municipality or other entity or lessee owns or controls eighty per cent of the equity value of more than one such system or company, the number of consumers or persons supplied by all such systems so controlled shall be considered as owned by one company for the purposes of this definition.

Water Users shall mean all persons or municipalities using water from any public water source irrespective of that person’s responsibility for billing purposes for use of the water.

4.0        Declaration of a State of Water Use Restriction 

The municipality, in consultation with the water company, may declare a State of Water Use Restriction. Such a declaration should be, where appropriate, conditioned on the identification of an emergency or water shortage by the water company, the local health department, a state agency or the governor which could also include or be limited to the restrictions listed in Section 5. Public notice of a State of Water Use Restriction shall be given under section 6 of this ordinance before it may be enforced. After implementation of any state of water use restrictions, the Department of Public Health and the Department of Environmental Protection should be notified in writing within 14 days of the implementation of restrictions.

5.0        Restricted Water Uses 

A declaration of a State of Water Use Restriction shall include restrictions consistent with the schedule of drought response measures indicated in the individual water supply plans of the water company and the Connecticut Drought Preparedness and Response Plan. These may include one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the water supply except as provided in Section 11. The applicable restrictions, conditions or requirements shall be included in the public notice required under section 6.

a)   Off-Peak Outdoor Watering: Outdoor watering is permitted only during daily periods of low demand, to be specified in the declaration of a State of Water Use Restriction and public notice thereof. For example, limit outdoor watering to between 8:00 p.m. and 6:00 a.m. on days (specify days). (In general, restricting outdoor water use to between sunset and early morning is best for turf needs and coincides with off-peak hours. Municipalities may choose to restrict water use to one or two days per week during specified hours.)

b)   Outdoor Watering Method Restriction: Outdoor watering is restricted to bucket, can or hand held hose watering with automatic shutoff nozzle.

c)   Outdoor Watering Ban: Outdoor watering is prohibited, except the watering of agricultural food crops, sod at commercial sod farms, and the watering of nursery stock at nurseries or retail outlets is permitted.

d)   Swimming Pools, Wading Pools, Hot Tubs, Spas, and Jacuzzis: Filling and topping off of swimming pools, wading pools, hot tubs, spas, and jacuzzis are prohibited, unless newly constructed or installed swimming pools, wading pools, hot tubs, spas, and jacuzzis that may be filled once upon completion of construction or installation

e)   Automatic Sprinkler Use: The use of automatic sprinkler systems is prohibited, except lawn watering is permitted in order to establish and maintain newly laid sod or newly seeded grass associated with new construction, and the testing of a customer’s newly installed or newly repaired sprinkler system by a commercial enterprise engaged in the installation or repair of lawn irrigation systems is permitted.

f)    Car washing: Car or vehicle washing is prohibited, except for the washing of vehicles performed by a commercial enterprise engaged in car washing.

g)   Washing impervious surfaces. The washing or cleaning of streets, driveways, sidewalks or other impervious areas is prohibited.

h)  Use of water for firefighting, health, sanitation, & medical purposes. The use of water for firefighting, health, sanitation, or medical purposes shall not be restricted. However, domestic water use conservation practices should be implemented wherever possible.

j)  Other outdoor uses. The use of private wells or other outdoor uses not addressed in this ordinance that are, in the determination of the Director of Health, wasteful, are prohibited.

 

6.0           Notification

6.1       State of Water Use Restriction.

Notification of any provision, including any restriction, requirement or condition imposed by the municipality as part of a State of Water Use Restriction shall be published by the municipality in a newspaper of general circulation within the municipality, or by such other means reasonably calculated to reach and inform all users of water of the State of Water Use Restriction. Notification of the State of Water Use Restriction shall also be provided to the Connecticut Department of Public Health and Department of Environmental Protection at the same time that notification is given.

 6.2       State of Public Drinking Water Supply Emergency.

Notification of a State of Public Drinking Water Supply Emergency declared by the Department of Public Health shall be provided by the municipality by furnishing a copy of the Notice to radio, television stations and cable systems serving the area served by the public water company as soon as possible, but no later than 48 hours after the public water company receives notice of the Department of Public Health’s declaration. Any restriction imposed under section 5 or in the Department of Public Health declaration of emergency or Order shall not be effective until such notification is provided.

7.0        Termination of a State of Water Use Restriction; Notice

 A State of Water Use Restriction may be terminated by a municipality upon a determination, in consultation with the water company, that the water supply shortage no longer exists. Public notification of the termination of a State of Water Use Restriction shall be given in the same manner as is required for notice of the municipality’s declaration of its State of Water Use Restriction pursuant to Section 6.

 8.0        State of Public Drinking Water Supply Emergency; Compliance with DPH or DEP Orders

 Upon notification to the public that a declaration of a State of Public Drinking Water Supply Emergency has been declared by the Department of Public Health in consultation with the Department of Environmental Protection and the Department of Public Utility Control, no person shall violate any provision, restriction, requirement, condition of any order approved or issued by the DPH for the purpose of bringing about an end to the State of Public Drinking Water Supply Emergency.

9.0        Enforcement and Penalties