Stage 4 Drought Emergency
Requirements for initiation:
Customers shall be required to comply with Stage 4 water allocation plan prescribed in Section IX of this Plan when the City Administrator determines that a water supply emergency exists based on:
1. When water supply of Miller Creek Reservoir reaches the acre feet trigger level determined by NCTMWA.
2. Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or
3. Natural or man-made contamination of the water supply source(s).
Requirements for termination
Stage 4 and water allocation may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 30 days or determined by designee. Upon termination of Stage 4, Stage 3, becomes operative.
Response - EMERGENCY – WATER ALLOCATION
In the event that water shortage conditions threaten public health, safety, and welfare, the City Administrator is hereby authorized to allocate water according to the following water allocation plan:
Single-Family Residential Customers
The allocation to residential water customers residing in a single-family dwelling shall be (5,000) Five Thousand gallons per month.
Residential water customers shall pay the following surcharges:
Master-Metered Multi-Family Residential Customers
The allocation to a customer billed from a master meter which jointly measures water to multiple permanent residential dwelling units (e.g., apartments, mobile homes) shall be allocated 5,000 gallons per month for each dwelling unit. It shall be assumed that such a customer's meter serves two dwelling units unless the customer notifies the City of Knox City of a greater number on a form prescribed by the City Administrator. City Administrator shall give his/her best effort to see that such forms are mailed, otherwise provided, or made available to every such customer. If, however, a customer does not receive such a form, it shall be the customer's responsibility to go to the City of Knox City offices to completed and sign the form claiming more than two (2) dwellings. A dwelling unit may be claimed under this provision whether it is occupied or not. New customers may claim more dwelling units at the time of applying for water service on the
Knox City Drought Contingency Plan
Effective: September 19, 2011
form prescribed by the City Administrator. If the number of dwelling units served by a master meter is reduced, the customer shall notify the City of Knox City in writing within two (2) days. In prescribing the method for claiming more than two (2) dwelling units, the Mayor shall adopt methods to insure the accuracy of the claim. Any person who knowingly, recklessly, or with criminal negligence falsely reports the number of dwelling units served by a master meter or fails to timely notify the City of Knox City shall be fined not less than $25.00. Customers billed from a master meter under this provision shall pay the following monthly surcharges:
A monthly water allocation shall be established by the City Administrator for each non-residential commercial customer other than an industrial customer who uses water for processing purposes. The non-residential customer's allocation shall be approximately 75% percent of the customer's usage for corresponding month's billing period for the previous 12 months. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is record shall be used for any monthly period for which no history exists. Provided however, a customer, 50% percent of whose monthly usage is less than 10,000 gallons, shall be allocated 7,500 gallons. The Mayor shall give his/her best effort to see that notice of each non-residential customer's allocation is mailed to such customer. If, however, a customer does not receive such notice, it shall be the customer's responsibility to contact the City of Knox City to determine the allocation. Upon request of the customer or at the initiative of the City Administrator, the allocation may be reduced or increased if, (1) the designated period does not accurately reflect the customer's normal water usage, or (2) other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the City Council. Non-residential commercial customers shall pay the following surcharges:
A monthly water allocation shall be established by the City Administrator for each industrial customer, which uses water for processing purposes. The industrial customer's allocation shall be approximately 90% percent of the customer's water usage baseline. Ninety (90) days after the initial imposition of the allocation for industrial customers, the industrial customer's allocation shall be further reduced to 85% percent of the customer's water usage baseline. The industrial customer's water use baseline will be computed on the average water use for the 12 month period ending prior to the date of implementation of Stage 2 of the Plan. If the industrial water customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. The City Administrator shall give his/her best effort to see that notice of each industrial customer's allocation is mailed to such customer. If, however, a customer does not receive such notice, it shall be the customer's responsibility to contact the City of Knox City to determine the allocation, and the allocation shall be fully effective notwithstanding the lack of receipt of written notice. Upon request of the customer or at the initiative of the City Administrator, the allocation may be reduced or increased, (1) if the designated period does not accurately reflect the customer's normal water use because the customer had shutdown a majority processing unit for repair or overhaul during the period, (2) the customer has added or is in the process of adding significant additional processing capacity, (3) the customer has shutdown or significantly reduced the production of a major processing unit, (4) the customer has previously implemented significant permanent water conservation measures such that the ability to further reduce water use is limited, or (5) if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the City Council
Industrial customers shall pay the following surcharges:
Section X: Enforcement
a) No personal shall knowingly or intentionally allow the use of water from the City of Knox City for residential, wholesale, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the City Administrator in accordance with provisions of this Plan.
b) Any person who violates this Plan is guilty of a misdemeanor and; upon conviction shall be punished by a fine of not less than ($250.00) two hundred fifty dollars and not more than ($500.00) five hundred dollars. Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this Plan, the City Administrator shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a reconnect charge, hereby established at $250.00, and any other costs incurred by the City of Knox City in discontinuing service. In addition, suitable assurance must be given to the City Administrator that the same action shall not be repeated while the Plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court.
c) Any person, including a person classified as a water customer of the City of Knox City, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the property not commit the violation. Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents' control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this Plan and that the parent could not have reasonably known of the violation.
d) Any employee of the City of Knox City, police officer, or other City employee designated by the Mayor, may issue a citation to a person he/she reasonably believes to be in violation of this Ordinance. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in the Municipal Court on the date shown on the citation for which the date shall not be less than (1) one business days nor more than (10) ten business days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be completed upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator's immediate family or is a resident of the violator's residence. The alleged violator shall appear in Municipal Court to enter a plea of guilty or not guilty for the violation of this Plan. If the alleged violator fails to appear in Municipal Court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in Municipal Court before all other cases.
Section XI: Variances
The City Administrator may, in writing, grant temporary variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met:
a) Compliance with this Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect.
b) Alternative methods can be implemented which will achieve the same level of reduction in water use.
Persons requesting an exemption form the provisions of this Ordinance shall file a petition for variance with the City of KnoxCity within (5) five business days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the City Administrator and shall include the following:
a) Name and address of the petitioner(s)
b) Purpose of water use
c) Specific provision(s) of the Plan from which the petitioner is requesting relief
d) Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance
e) Description of the relief requested
f) Period of time for which the variance is sought
g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date
h) Other pertinent information
Variances granted by the City of Knox City shall be subject to the following conditions, unless waived or modified by the City Administrator:
a) Variances granted shall include a timetable for compliance
b) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements
No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance.
Section XII: Severability
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance/Resolution are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City Council without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section.
Section XIII: Plan Update
The City Administrator shall review, update, and seek Council authorization for this Drought Contingency Policy, as appropriate, at least every five (5) years, or if conditions, such as adoption or revision of a regional water plan or any new or updated information, warrants . As a minimum, the Plan will be updated again before September 30, 2016 and every five (5) years thereafter.
Section XIV: Effective Date
This Drought Contingency Plan shall take effect immediately upon approved minutes provided by City Council.