Schedule 14.1 - Staged Mandatory Water Rationing
With the continue long-term drought in California, the State Water Resources Control Board has adopted a statewide "Emergency Regulation" in 2014 to reduce water consumption and has extended this regulation for 2015-2016 which now mandate a 25% decrease in water consumption. The California Public Utilities Commission has approved and authorize Schedule 14.1 - Staged Mandatory Water Rationing on August 12, 2015. Under Schedule 14.1 - Staged Mandatory Water Rationing the following shall apply:
- Applicability: This schedule applies to all water customers served under all tariff rates schedules authorized by the California Public Utilities Commission. It is only effective in times of mandatory rationing as required by Rule No. 14.1 and only for the period noted in the "Special Conditions" section below.
This schedule shall remain dormant until a specific stage is activated by Commission authorization of a Tier 2 advice letter. - Territory: This schedule is applicable within the entire territory served by the utility.
- Stages:
- Stage 1 - Mandatory rationing is declared by utility, governing agency, or supplier, or when water supplied to utility is reduced by 0% - 10%. Outdoor irrigation is restricted to two days per week.
- Stage 2 - Water supply is reduced 10.01% - 20% or water restrictions at Stage 1 have not been effective in reducing water usage to prescribed level.
- Stage 3 - Water supply is reduced 20.01% or more or water restrictions at Stage 2 have not been effective in reducing water usage to prescribed level
- Stage 4 - The utility is directed by the State Water Resources Control Board, the California Public Utilities Commission, or other approprate agency to implement water use restrictions.
- Stage 5 - This stage will be implemented in the event that the source of water for LBWC is severely curtailed to the level that requires each customer to restrict their water use for only human health and safety purposes which is 50 Gallons Per Capita Per Day (GPCD).
- All outside use of potable water is strictly prohibited.
- First violation of this restriction will result in a written warning.
- Second violation of this restriction will result in the installation of a flow restrictor for a minimum of 30 days.
- Third violation of this restriction will result in the termination of water service.
- All single family residential customers will receive allocations based on assumed four (4) person household which results in a monthly allocation of eight (8) Ccf per month or 5,984 gallons per month or about 199 gallons per day (based on a 30 day month).
- All outside use of potable water is strictly prohibited.
- Water Use Violation Fine:
- When a stage of this schedule has been activated by Commission authorization, the water use restrictions of the conservation program in Section A of Rule 14.1 as well as those listed in Section D of this tariff, become mandatory. If a customer is seen violating the water usage restrictions, as outlined in Rule No. 14.1 and the Special Conditions below, the customer will be subject to the following fine structure:
- First Offense: Written warning
- Second Offense: $25
- Third Offense: $50
- Each Additional Offense: $25 more than previous imposed fine
- Fines for exceeding the allocated volume ration will consist of a multiplier of 2 times the highest tiered rate in effect for all water used above the allotment.
- The water use violation fine is in addition to the regular rate schedule charges.
- Any fines and penalties imposed by another appropriate agency will be invoked as imposed by that agency's regulations.
- Fines for prohibited activities in Promotion of Water Conservation as defined by State Water Resources Control Board Notice of Approval of Emergency Regulatory Action effective 7/28/2014 per Office of Administrative law File No. 2014-0718-01 E shall be up to $ 500.00 as established by that action.
- When a stage of this schedule has been activated by Commission authorization, the water use restrictions of the conservation program in Section A of Rule 14.1 as well as those listed in Section D of this tariff, become mandatory. If a customer is seen violating the water usage restrictions, as outlined in Rule No. 14.1 and the Special Conditions below, the customer will be subject to the following fine structure:
- Flow Restrictor Removal Charge:
- The charge for removal of a flow-restricting device shall be:
Connection Size: Removal Charge:
5/8" to 1" $150.00
1 1/2" to 2" $200.00
3" and larger $3000.00
The flow restrictor will remain installed for a minimum of 30 days.
- The charge for removal of a flow-restricting device shall be:
- Exemption and Appeals Process:
- Any customer who seeks a variance from any of the provisions of this mandatory water conservation and rationing plan shall notify the utility in writing, explaining in detail the reason for such variation. The utility shall respond to each such request in writing within 30 days.
The appeal form is available from LBWC Office located at 51201 Pine Canyon Road, King City, California 93930 or customers may request that an appeal form be mailed to them.
If the customer disagrees with such disposition, the customer shall have the right to file a complaint with the Commission. Except as set forth in this Section, no person shall have any right or claim in law or in equity against the utility because of, or as a result of, any matter or things done or threatened to be done pursuant to the provisions of the mandatory water conservation and rationing plan. - Special Conditions:
- This tariff schedule shall remain in effect until utility files a Tier 1 advice letter to deactivate specific stage of mandatory conservation
- Water use violation fines must be separately identified on each bill.
- Use of potable water for construction purposes, such as consolidation of backfill, dust control, or other uses unless no other source of water or other method can be used.
- No customer shall use utility-supplied water for non-essential or unauthorized uses, including but not limited to:
- Use of potable water for more than minimal landscaping, as defined in the landscaping regulated of the jurisdiction or as described in Article 10.8 of the California Government Code in connection with new construction.
- Exessive use of water; when a utility has notified the customer in writing to repair a broken or defective plumbing, sprinkler, watering or irrigation system and the customer has failed to effect such repairs within five (5) business day, the utility may install a flow restriction device.
- The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures.
- Not withstanding the foregoing restrictions, when a city, a county, other local public agency in one of Little Bear's service areas duly adopt restrictions on the number of days or hours of the day that customers may irrigate which are different than those adopted by Little Bear, Little Bear may enforce the city, the county, or other local public agency's restrictions.
- The application of potable water to driveways and sidewalks.
- The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use.
- Use of potable water for washing commercial aircraft, cars, buses, boats, trailers, or other commercial vehicles at any time, except at commercial or fleet vehicle or boat washing facilities operated at a fixed location where equipment using water is properly maintained to avoid wasteful use.
- Use of potable water for washing buildings, structures, driveways, patios, parking lots, tennis courts, or other hard-surfaced areas, except in the cases where health and safety are at risk.
- The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system.
- Use of potable water to irrigate turf, lawns, or ornamental landscaping more than two days per week.
- The utility is required to promptly notify its customers that irrigation of turf or ornamental landscapes is prohibited during and for 48 hours following measurable precipitation.
- Use of potable water for street cleaning with trucks, except for initial wash-down for construction purposes (if street sweeping is not feasible), or to protect the health and safety of the public.
- Use of potable water for construction purposes, such as consolidation of backfill, dust control, or other uses unless no other source of water or other method can be used.
- Use of potable water for construction purposes unless no other source of water or other method can be used.
- Use of potable water for street cleaning.
- Operation of commercial car washes without recycling at least 50% of the potable water used per cycle.
- Use of potable water for watering outside plants, lawn, landscape and turf areas during certain hours if and when specified in Schedule No. 14.1 when the schedule is in effect.
- Use of potable water for decorative fountains or filling or topping off of decorative lakes or ponds. Exceptions are made for those decorative fountains, lakes, or ponds which utilize recycled water.
- Use of potable water for the filling or refilling of swimming pools.
- Service of water by any restaurant except upon the request of a parton.
- Use of potable water to flush hydrants, except where required for public health or safety.
- Any customer who seeks a variance from any of the provisions of this mandatory water conservation and rationing plan shall notify the utility in writing, explaining in detail the reason for such variation. The utility shall respond to each such request in writing within 30 days.