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Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board (1986)

Chapter: A: The Emergency Water Conservation Plan of the City of Los Angeles and the Summary of the Los Angeles Emergency Water Conservation Ordinance

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Suggested Citation:"A: The Emergency Water Conservation Plan of the City of Los Angeles and the Summary of the Los Angeles Emergency Water Conservation Ordinance." National Research Council. 1986. Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board. Washington, DC: The National Academies Press. doi: 10.17226/907.
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Page 101
Suggested Citation:"A: The Emergency Water Conservation Plan of the City of Los Angeles and the Summary of the Los Angeles Emergency Water Conservation Ordinance." National Research Council. 1986. Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board. Washington, DC: The National Academies Press. doi: 10.17226/907.
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Page 102
Suggested Citation:"A: The Emergency Water Conservation Plan of the City of Los Angeles and the Summary of the Los Angeles Emergency Water Conservation Ordinance." National Research Council. 1986. Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board. Washington, DC: The National Academies Press. doi: 10.17226/907.
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Page 103
Suggested Citation:"A: The Emergency Water Conservation Plan of the City of Los Angeles and the Summary of the Los Angeles Emergency Water Conservation Ordinance." National Research Council. 1986. Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board. Washington, DC: The National Academies Press. doi: 10.17226/907.
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Page 104
Suggested Citation:"A: The Emergency Water Conservation Plan of the City of Los Angeles and the Summary of the Los Angeles Emergency Water Conservation Ordinance." National Research Council. 1986. Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board. Washington, DC: The National Academies Press. doi: 10.17226/907.
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Page 105
Suggested Citation:"A: The Emergency Water Conservation Plan of the City of Los Angeles and the Summary of the Los Angeles Emergency Water Conservation Ordinance." National Research Council. 1986. Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board. Washington, DC: The National Academies Press. doi: 10.17226/907.
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Page 106
Suggested Citation:"A: The Emergency Water Conservation Plan of the City of Los Angeles and the Summary of the Los Angeles Emergency Water Conservation Ordinance." National Research Council. 1986. Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board. Washington, DC: The National Academies Press. doi: 10.17226/907.
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Page 107
Suggested Citation:"A: The Emergency Water Conservation Plan of the City of Los Angeles and the Summary of the Los Angeles Emergency Water Conservation Ordinance." National Research Council. 1986. Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board. Washington, DC: The National Academies Press. doi: 10.17226/907.
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Page 108
Suggested Citation:"A: The Emergency Water Conservation Plan of the City of Los Angeles and the Summary of the Los Angeles Emergency Water Conservation Ordinance." National Research Council. 1986. Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board. Washington, DC: The National Academies Press. doi: 10.17226/907.
×
Page 109
Suggested Citation:"A: The Emergency Water Conservation Plan of the City of Los Angeles and the Summary of the Los Angeles Emergency Water Conservation Ordinance." National Research Council. 1986. Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board. Washington, DC: The National Academies Press. doi: 10.17226/907.
×
Page 110
Suggested Citation:"A: The Emergency Water Conservation Plan of the City of Los Angeles and the Summary of the Los Angeles Emergency Water Conservation Ordinance." National Research Council. 1986. Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board. Washington, DC: The National Academies Press. doi: 10.17226/907.
×
Page 111
Suggested Citation:"A: The Emergency Water Conservation Plan of the City of Los Angeles and the Summary of the Los Angeles Emergency Water Conservation Ordinance." National Research Council. 1986. Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board. Washington, DC: The National Academies Press. doi: 10.17226/907.
×
Page 112
Suggested Citation:"A: The Emergency Water Conservation Plan of the City of Los Angeles and the Summary of the Los Angeles Emergency Water Conservation Ordinance." National Research Council. 1986. Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board. Washington, DC: The National Academies Press. doi: 10.17226/907.
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Page 113

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APPENDIX A THE EMERGENCY WATER CONSERVATION PLAN OF luE CITY OF LOS ANGELES and the SUMMARY OF Tag LOS ANGELES EMERGENCY WATER CONSERVATION ORDINANCE -101-

—102— THE ENIERGENC1' \VATER C:ONSER\'AT1ON PLAN' OF THE CIn OF LOS GELDS Added by Ord. No. 149,700, Effective o/16/77.] ARTICLE I Sec. 121.00. Scope. Sec. 121.01. Declaration of Policy. Sec. 121.02. Declaration of Urgency. Sec. 121.03. Dec}arawon of Purpose. Sec. 121.04. Defin~uoT,s. Sec. 121.05. Authorization. Sec. 121.06. Application. Sec. 121.0~. Water Coruser~ation Phases. Sec. 121.08. Consecration Phase Implementation. Sec. 121.09. Application of Surplus Reduction. Sec. 121.10. Failure to Comply. Sec. 121.11. Relief From Compliance. Sec. 121.12. General Provisions. Sec. 121.13. Ens ironn.ent. ::=l~i.- Severability. C12-1 (Rev. No. 10—1977)

. —)03— Ch.XII.Art.1 E\IERGENCY WATER CONSERVATION PLAN §191. . __ CW\PrER XII THE ENIERGENC,'~7ATER CONSERVATION PLAN OF THE CITE OF LC)S \N'GELES [Added by Ord. No. 149,700, Effective 0/16/771 ARTICLE I SEC. 191.00. SCOPE. There is hereby established a City of Los Angeles Emergency. water Conserv ation Plan. SEC. 121.01. DECLARATlO,~ OF POLICY It is hereby declared that, because of the conditions prey ailing in The City of Los Angeles and in the Dam of this State and else here from which the City obtains its water sup- plies, the general welfare requires that the hater resources available to the City be put to the magnum beneficial use to the extent to ~ hich they are capable, and that the waste or ur~re~sonable use or unreasonable method of use of water be prevented, and the conserve abon of such w aters is to be exercised With a view to the reasonable and beneficial use thereof in the interests of the people of the City and for the public welfare. SEC. 121.09. DECLARATION OF URGENT. The Council of The City of Los Angeles hereby finds and declares that there exists within this City a water shortage emergency condition and that as a result there is an urgent necessity to take legislative action through the exercise of the police power to protect the public peace, health and safety of this City from a public disaster or calamity, to take effect unmediately upon publication of this Ordinance. SEC. 121.03. DECLARATION OF PURPOSE. The purpose of this Chapter is to provide a mandatory water conservation plan to rriiIiim~e the effect of a shortage of water to the customers of the City and, by means of this Chapter, to adopt provisions that will significantly reduce the con- sumption of water over an emended period of time, thereby extending the available water required for the customers of the City while reducing the hardship of the Cit. and the general public to the greatest extent possible, voluntary conservation efforts having proved to be disappointing as of the date hereof. SEC. 121.04. DEFIN7ITlONS. The follow ing words and phrases, whenever used in this Chapter, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined within individual sections of this Chapter: a. "City" means The City of Los Angeles. b. "Mayor" means the Mayor of The City of Los Angeles. c. 'City Council" means the Council of The City of Los Angeles. d. i`Depar~nent" means the Department of water and Power. e. "Section" means a "section of this Chapter unless some other or- dinance or statute is specifically mentioned. ~ I. "Customer" means any person, persons, association, corporation or goverrunental agency supplied or entitled to be supplied with water ser- vice by the Department. C12-3 (Rev. No. 10—1977)

—104— §~91.05 \11 N1~:1PAL CODE Cn.~;II .Art.1 g. ''Chapter" means the Ordinance providing for "The Emergency Water Conservation Plan of The City of Los Angeles". h. "Officer" means every person designated in Section ~ of the Los Angeles City Chanter as an officer of The Cite` of Los Angeles. i. 'His" as used herein includes masculine, feminine or neuter, as ap- propnate. j . " Process ~rater" means ~ ater used to manufacture, alter, cons ert, clean, heat, or cool a product, or the equipment used for such purpose; water used for plant and equipment washing and for transportir~g the raw materials and products; and mater used to grow trees or plants for sale or installation. k. "Base Period" means that period of time over which the base is computed. 1. "Base" means the amount of water used on a customer's premises during the corresponding billing period in 1976. Any customer who was not a customer on the premises for u hich ser- vice was billed by the Department during the base period shall be assigned the same base for such or similar premises as provided above, and the Department shall have the further discretion to adjust such base in the event such customer's use of the premises is substantially dif- ferent from the previous use thereof during the base period. m. "Billing Unit" means the unit amount of water used to apply watt rates for purposes of calculating commodity charges for customer uniter usage and equals one hundred (100) cubic feet or seven hundred fort~y- eight (748) gallons of water. SEC. 121.05. AUTHORIZATION. The venous officers, boards, depart- ·ments, bureaus and agencies of the City are hereby authorized and directed to imrr~ediately implement the applicable provisions of this Chapter upon the effective date hereof. SEC. 121.06. APPLICATION. The provisions of this Chapter shall ap- ply to all customers and property served by the Department of Plater arxl Power wherever situated, and shall also apply to all property and facilities owned, maintained, operated or under the jurisdiction of the venous of- ficers, boards, departments, bureaus or agencies of the City. SEC. 121.07. WATER CONSERVATION PHASES. No customer of the Depar~nent of Water and Power shall make, cause, use, or penrut the use of water from the Department for residential, commercial, industnal, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Chapter or in an amount in excess of that use permit- ted by the conservation phase then in effect pursuant to action taken by the Mayor and the Council in accordance with the provisions of this Chapter. A. PHASE I 1. Prohibited Uses Applicable To All Customers: (a) There shall be no hose washing Of sidewalks, pallid a-srs, driveways, or parking areas, except that fl~mm~lble or other (ReV. NO. 10—15n7) C12 4

—105— Ch.XII,Art.l EMERGENT SEATER 'SERVO Amp' 61~1.07 dangerous substances may be disposed of by direct hose flushing for the benefit of public health and safety. _ _ O (b) No water shall be used to clean, fill or maintain levels in decorative fountains unless such water is part of a recycling system. (c) No restaurant, hotel, cafe, cafetRna or other public place where food is sold, served or offered for sale, shall sense dn~;ing water to any customer unless expressly requested. (d) No customer of the Department shall permit Hater to leak from any facility on his premises; failure to effect ~ tinned repair of an`' leak shall subject said customer to all penalties provided herein for waste of water. (e) ~o lawn. landscape, or other turf areas shall be u atered or irrigated between the hours of 10:00 a.m and 4:00 p m.; provided. how ever that the provisions of this subsection are hereby suspended until such time as the Council. by' resolution reinstates the provisions hereof when it finds and determines such action necessary in order to assist the Cirv in achieving the necessary level of Hater conservation. such resolution to be effective immediately upon publication thereof. (Amended by Ord. No. 1~0,636, Eff. 4/1~/78.) B. PHASE II 1. Prohibited Uses Applicable To All Customers: (a) No use of water may be made contrary to the provisions of subsection 121.07 A. 2. Customer Percentage Curtailment. No customer shall make, cause, use or permit the use of water from the Department for any purpose in an amount in excess of ninety percent (90'%o ) of the amount used during the base period as defined in this Chapter. C PHASE 111 i. Prohibited Uses Applicable To All Customers— (a) No use of water may be made contrary to the provisions of subsection 121.07 A. 2. Customer Percentage Curtailment. No customer shall make, cause. use or permit the use of water from the Department for any purpose in an amount in excess of eighty-five percent (85~G ) of the amount use dung the base period as defined in this Chapter, except that the process water may be used to the extent of ninety percent (90% ) of the base penod. D. PHASE IV 1. Prohibited Uses Applicable To All Customers: (a) No use of water may be made contrary to the provisions of subsection 121.07 A. 2. Customer Percentage Curtailment. No customer shall make cause, use or permit the use of water from the Department for any purpose in an amount in excess of eighty percent (80~o ) of the amount used during the base period as defined in this Chapter, except that process water may be used to the extent of ninety percent (90~o ~ of the base period. E. PHASE V 1. Prohibited Uses Applicable To All Customers: (a) No use of Hater may be made contrary to the provisions of subsections 121.07 A. C12-5 (Rev. No. 14—1978}

. §1 _ 1 . 08 —106— N1 t ~ ~7 Pad Cons Ch.XII.A~.1 - 2. Cust.omer Perc~nt.s~Fe Curt~Iment. No customer shall make. cause. use or permit the use of u ater from the Department for anther purpose in an amount in excess of se~ent~--fi`'e percent (75'Xc ) of the Mount used dur- ing the base period as defined in this Chapter, except that process water may be used to the extent of eight~r-five percent (85~o ) of the base period F. EXCEPI ION. The prohibited use of ~ ater from the Department pro- vided for by subsections 121.07 A 1. B 1, C 1, D 1 and E 1 of this section are not applicable to that use of Hatter necessary for public health and safe- ty or for essential ~overnrnent services such as police, fire. and other _ .. slrru~ar emergency services. . . SEC. 1^F1.0F8., CONSER\rAT10N' PHASE IAWFLEAIEN rATIoNF. A. Phase Change Initiation. The Department shall moriitor and en aluate the projected supply and demand for water by its customers monthly . and shall recommend to the Mayor the extent of the conservation required by' the customers of the Department in order for the Department to prudent!, plan for and supply' water to its customers. The Mayor shall, in turn. notify and recommend to the Council the appropriate phase of hater conservation to be unplemented. Thereafter, the Mayor may, with the concurrence of the -Council. order that the appropriate phase of water conservation be im- plemented in accordance with the applicable provisions of this Chapter. Said order shall be made by public proclamation and shall be published one time only in a daily newspaper of genera circulation and shall become ef- fective immediately upon such publication. The prohibited use provisions -shall become operable immediately upon the effective date of this Or- dinance. The customer percentage curtailment provisions shall take ef- {ect with the first full billing period commencing on or after the effective .date of the public proclamation by the Mayor. B. Exemptions. Nothing contained in subsections B. C, D, or E of Sec- tion 121.07 of this Chapter shall be deemed to require any single-family residential customer of the Department to reduce his consumption of water provided by the Department to an amount less than nine (9) billing units per month at each meter during any billing period while subsection B of Section 121.07 is in effect (Phase II); to an amount less than eight and one-half (8 1/2) billing units per month at each meter during any billing period while subsection C of Section 121.07 is in effect (Phase III); to an amount less than eight (8) billing units per month at each meter during any billing period while subsection D of Section 121.07 is in effect (Phase IV); or to an amount less than seven and one-half (7 1/2) billing units per month at each meter during any billing period while subsection E of Section 121.07 is in effect (Phase V). SEC. 121.09. APPLICATI ON OF SURPLUS REDUCTION. Not- withstanding any other provision of this Chapter, any reduction in the use of water by any customer during any current billing period in excess of the amount required by Section 121.07 shall be applied as follows: (Rev.No 14—1978} C12-6 ;

—107 Ch.XIl.~.] SARGENT U7ATER INSERT ANON it' .. . . §191.10 1. Bimonthly Customers: Said surplus reduction shall be applied to that customer's consump- tion for the irnmed~tely preceding billing period. Any surplus reduc- tion remaining after the application of the rule pros ided i~nrnediat~` above shall be applied to offset ens excessive use of Hater by that customer during the next billing pen cad for bimonthly customers. Such cay-forward of the surplus reduction shall operate on]` as an offset to excessive usage and shall not be applied to any Doe of u aver at or below the customer's allow able maximum consumption thereof. 2. Monthly Customen;: Ad surplus reduction shall be applied to that =stomer,~ com~ump- tion for the unmediately preceding three-month period. Any' surplus reduction remaking after the application a, the rule pros ided immediate- ly above shall be applied to offset any excessive use of water by' the customer during the next two billing periods for monthly customers. Such cany-forward of the surplus reduction shall operate only as an off- set to excessive usage, and shall not be applied to an`, use of water in an amount at or below the customer s allow able magnum consumption thereof. SEC. 121.10 FAILURE TO COMPLY (Amended by Ord. No. 150,637, Eff. 4121178.) A. Penalties. It shall be unlawful for any customer of the Department to fail to comply with any of the provisions of this Chapter. Not- withstanding any other provision of the Los Angeles l\lunicipal Code. the penalties set forth herein shall be exclusion e and not cumulative u ith any other section of this Code. The penalties for failure to comply with any of the provisions of this Chapter shall be as follows: 1. For each violation by any customer of the Department of any' of the provisions of subsections B 2, C 2, D 2, or E 2 of Section 121.0 ~ 8 sur- charge penalty is hereby imposed in an amount equal to fifteen percent (15~7o) of the water bill plus an additional one dollar (~;1.()0} for each bill- ing unit in excess of the percentage usage of `` ater ,l)ermitted b! chic par- ticular conservation phase in which the violation occur. ed. 2. (a} For the first violation by any customer of the Department of any of the provisions of subsections A l, B l, C l, D l, or E l of Section 121.07, the department shall issue a written notict of the fact of such violation to the customer. (b) For a second violation by any customer of the Department of an,, of . the provisions of subsections A 1, B l, C l, D l, or E l of Section 121.0 ~ within the preceding twelve (12) calendar months, the Department shall issue a written notice of the fact of such second violation to the customer. (c} For a third violation by any customer of the Department of anv of the provisions of subsections A 1, B l, C 1. D l, or E l of Section 121.0/ within the preceding twelve (12) calendar months, the Department shall install a flow restricting device of l GPA1 capacity for services up to one and one-half (lit) inch size. and Comparatively sized restrictors for larger services. on the service of the customer at the premises at which Cl2-7 (Rex No 14—197S}

—108— 6121.10 \1~lc:lPA~ cons Ch.XII Art.1 the violation occurred for a period of not less than fort,~-eight {48) hours. The charge for installing a flow restricting device shall be based upon the size of the meter and the cost of installation as set forth in the water Rate Schedules and Rules but shall not be less than t~ent`-fi~e dollars ($25.00). The charge for removal of the flow restricting device and restoration of normal service shall be twenty-five dollars (S95.00} if restoration of normal service is performed during the hours of &:00 a.m. ~o 4:00 p.m. on regular working days. If removal of the flow restricting device and restoration of normal service is made after regular working hours, on holidays or weekends, the restoration service charge shall be forty dollars (840.00). -- 3. For any subsequent violation by any customer of the Department of any of the provisions of subsections A 1, B 1, C 1, D 1 or E 1 of Section 121.07 within the preceding twelve (12j calendar months, the Depart. ment shall discontinue ~ ater service to that customer at the premises at which the violation occurred. The charge for reconnection and restora- tion of normal service shall be twenty-five dollars (25.001. B. Notice. The Department shall give notice of each violation to the customer committing such violation as follows: 1. For any violation of the provisions of subsection B 2 through E 2 of Section 121.07 or for a first or second violation of the provisions of subsections A 1 through E 1 of Section 121.07, the Department may give written notice of the fact of such violation to the customer personally or by regular mail. 2. If the penalty assessed is, or includes the installation of a flow restrictor or the discontinuance of water service to the customer for any period of time whatever, notice of the violation shall be given in the following manner: {a) by giving written notice thereof to the customer personally; or (b) If the customer be absent from or unavailable at either his place of residence or his assumed place of business, by leaving a cop,' with some person of suitable age and discretion at either place, and sen- ding a copy through the United States mail addressed to the customer at either his place of business or residence; or {c} If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property where the failure to comply is occurring and also by delivering a copy to a per- son there residing. if such person can be found, and also sending a copy through the United States mail addressed to the customer at the place where the property is situated. Said notice shall contain, in addition to the facts of the violation, a state. ment of the possible penalties for each violation and a statement inform- ing the customer of his right to a hearing on the violation. C. Hearing. Any customer against whom a penalty is levied pursuant to this section shall have a right to a hearing, in the first instance by the Department with the right of appeal to an appeal board, on the merits of the alleged violation upon the written request of that customer to the Department within fifteen days of the date of notification of the ~ iola- tion. (Rev. No. 14—1978) C12-8

—109— Ch.XII Art.l EMERGENCY WATER CO.N'SERVAT10N' PLAN' §191.11 D. Reservation of Rights. The rights of the Department hereunder shall be cumulative to any other right of the Department to discontinue service. All monies collected by the Department pursuant to any of the penalty provisions of this Chapter shall be deposited in the Crater Revenue Fund as reimbursement for the Department's costs and ex- penses of administering and enforcing this Chapter. E. Additional Penalties. In the event the Department is unable to achieve the necessary level of conservation, the Council, by, resolution, may order the imposition of the penalties provided for in subsection 2 (c) of Section 121.10 {or a third violation by any customer of the Depart- ment of any of the provisions of subsections B 2 through E 2 of Section 121.07, and may also order the imposition of the penalties provided for in subsection 3 of Section 121.10 for any' additional violation of the pro- vis~ons of said subsections, such resolution to be effective immediately upon publication thereof. SEC. 121.11 RELIEF FROM COMPLIANCE A. Administrative Relief. Any customer who is dissatisfied with the ap- plication of any of the provisions of this Chapter as the same relate to him, may seek relief as set forth below. The Department shall have the power, upon the filing by a customer of an application for relief as herein provided, to take such steps as it deems reasonable and to set up such procedures as it considers necessary to resolve said application for relief prior to the submission of said application to an appeal brawl. - In detennining Whether relief shall be granted, tl~e Dep~ent and the appeal boards shall take into consideration all relevant factor; including, but not limited to: 1. Whether any additional reduction in water consumption will result in unemployment; 2. Whether additional members have been added to the household; 3. Whether any additional landscaped property has been added to the 1976-based property; 4. Charms in vacancy factors in multi-family housing; 5. Increased number of employem in corrunermal industrial, and governmental offices; C12-9 IRe`. No. 14—1978}

—110— §121.11 \1t ~-lc:lP.`L C:Ol)F: Ch.~;II,An.1 6. increased production requiring increased process water; 7. water uses doing new construction; S. Adjustments to Hater use caused by emergency health or safes, ha7.are1~ . _ __, ~ 9. First filling of a permit-constructed s~iruniing pool: 10. NVater use necessary for,reasons related to family illness or health. - .. No relief shall be granted to any customer for any reason in the absence of a showing by the customer that he has achieved the maximum practical reduction in Hater consumption in his residential, comrnere~al, industnal, agricultural or goverrunental ~ ater consumption, as the case mat be. other than in the specific area in which relief is being sought. No relief shall be granted to any customer who, when requested bv the Department, fail to provide the Department with information whereby the serf ices provided to him can be classified for the purpose of establishing an appropriate base or classification pursuant to the provisions of this . . . Chapter. No relief shall be granted to anv customer ubo fails to file an ap- plication for relief within one year of the date of the application of the pro- visions of this Chapter from which he seeks relief, except as other; ise provided in Section 121.10 C. If a resolution of the application for relief is mutually agreed upon be- tween the Department and the customer, the agreement and the fact of concurrence therewith shall be in writing subscribed by' the customer. No further appeal may be taken by the customer on the same, or substantially sunilar, circumstances and facts. B. Curtailment Relief Lunitations. A customer may seek relief as herein provided from any application of the provisions of subsections 13 2, C 2, D 2 and E 2 of Section 121.07 that adversely affect him at any time after any of suc-h provisions are in effect. During any subsequent phase which may hereinafter be imposed, a customer may seek relief as herein provided only as to the issue of whether that customer committed the particular act or acts, or omitted to perform the particular act or acts, as alleged b`, the Department. C. Base Adjustment. I he Department, in its discretion. may adjust the base assigned to any customer if that customer establishes, to the satisfac- tion of the Department, that the base, as herein provided, would cause him great hardship for reasons including, but not necessarily limited to, technological improvements to that customer's premises since the base period, increased employment on said customer's business premises since the base period, a significant change in either the manner or the extent of use of water at the location in question since the base period, extrerr~e fluc- tuations in weather conditions, increase in business volume dearth' related to water use, and occupancy factors occurring since the base period. Upon application therefor by a customer whose service is classified as a multiple-family dwelling, the Department shall grant an exemption of four billing units per dwelling unit per month. D. Reclassification. The Department shall have the power to reclassify any residential, commercial, industrial, or agricultural customer to an,' (Rev. No. 10—1977) C12-10

—111— Ch.XII.Art.1 EMERGENCY WATER CONSERVATION PLAN 5191 19 , . _ other classification upon a showing of good cause by said customer of ~ by all customers similarly situated should be so reclassified. E. Appellate Relief. 1. The Mayor and the City Council shall establish such number of residential and nonresidential appeal boards as the,, deem necessary. Each nonresidential appeal board shall be composed of three members, one of w hich shall be selected. from the business corrumunit`, one of ~ hich shall be selected from the labor sector, and one of which shall be selected from the public at large. The residential appeal boards shall be composed of three members selected from the public at large. Appeal board members shall be appointed by the Mayor and confirmed bit the Council. The Mayor and Council shall adopt such rules and regulations as the,, in their sound discretion, deem reasonable and necessary to the formation, procedure and operation of such appeal boards. 2. The filing by a customer of an application for a hearing before an ap- peal board for any form of relief must be made withm fifteen (15) days of the Departmental action complained of. This shall automatically stall the implementation of the proposed course of action b`' the Department pending the decision of the appeal board. No other or further stay shall be granted by the Depar~nent. Requests for relief hereunder may be fil- ed immediately upon this Chapter s becoming effective. F. Willful Misrepresentation. Notwithstanding any other provision of law, and in addition thereto, and not in lieu thereof, any wilful nusrepresentation of ~ material fact by any person to the Department or to any appeal board established pursuant to this Chapter, made for the pur- pose of securing relief from the provisions of this Chapter for any customer, is unlawful; and a violation of this subsection shall be punishable by a fine not exceeding the sum of five hundred dollars ($500), or by unprisonment in the county jail for a period not to exceed six (6} months, or by both such fine and imprisonment. SEC 121.12. GENERAL PROVISIONS ~ A. Enforcement. The Department of Water and Power shall enforce the provisions of this Chapter. B. Department to Give Effect to Legislative Intent. The Department shall provide water to its customers in accordance with the provisions of this Chapter, and in a manner reasonably calculated to effectuate the in- tent hereof. C. Reduction in Water Supplied. If any customer fails to comply with any provision of this Chapter, the Department may reduce the amount of water provided to that customer to the level which that customer would be using said water if he were complying with the provisions of this Chapter. The provisions of this subsection shall be applied in lieu of, or in addition to, any other penalties provided in this Chapter, in the discretion of the Department, and shall be applied without regard to the status or nature of the customer. D. Public Health and Safety Not to be Affected. Nothing contained in this Chapter shall be construed to require the Department to curtail the supply of watt to any customer when, in the discretion of the Department C12-11 (Ream. No. ]0 - 19~)

—112— §191.13 \1~lc.'P.~c Col)r Ch.XII .~.1 or an appeals board. such water is required by that customer to maintain an adequate level of public health and safety. E. Reports. All commercial and industrial customers of the Department of water and Power using 25,000 billing units per year or more shall sub- mit a water conservation plan to the Mayors office. These users shall submit quarterly to the Mayor's office a report on the progress of their con- c,er~ation plans All City departments shall submit to the Mayor a monthly public report on their water conservation efforts. The reports are to present the level of performance compared to their water conservation plans. SEC. 191.13. ENT\-IRONTNIENT. This Chapter and the actions hereafter taken pursuant thereto are exempt from the provisions of the California Ens ironmenta] Quality Act of 1970 as a project undertaken as inns ediate action necessary to prevent or mitigate an emergency pursuant to Section 15071 (c) of the State EIR Guidelines. SEC. 191.14. SEVERABILITY. If any section, subsection, clause or phrase in this Chapter or the application thereof to any person or cir- cumstances is for any reason held invalid. the validity of the remainder of the Chapter or the application of such provision to other persons or cir- cumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Chapter and each section, subsec- tion, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the applica- tion thereof to any person or circumstance be held invalid. (Rev. No. 10 - 1977) C12-12

-113- SUMMARY OF LOS ANGELES EMERGENCY WATER CONSERVATION ORDINANCE Upon the recommendation of a Blue Ribbon Water Conservation Committee appointed by the mayor in 1977, the Los Angeles City Council approved an Emergency Water Conservation Ordinance that allows for quick imposition of mandatory water conservation measures in a drought or other emergency situation of reduced water supply. Implementation of the ordinance that year, at the height of the drought, accomplished a 14 percent reduction in water use citywide. Different phases of the ordinance can be implemented depending on the severity of the water supply shortage and the degree of water use reduction required: Phase 1: Prohibits the watering of lawns during midday hours and the service of water in restaurants except on request, and asks all water users to voluntarily reduce their use by 10 percent. Phase 2: Includes Phase 1 restrictions and makes a 10 percent water use reduction by all water users mandatory. Phase 3: Increases mandatory reduction to 15 percent. Phase 4: Increases mandatory reduction to 20 percent. Phase 5: Increases mandatory reduction to 25 percent or moree Users who do not reduce their historic use levels by the amounts specified in Phases 2 through 5 are subject to surcharges and other fines, to possible installation of flow restrictors in their service lines, and in extreme cases, to service disconnection. Exemption levels of use are established in Phases 2 through 5. Customers using less water than the exemption level are not subject to penalties. The ordinance also includes an appeals process for those users who feel they would be unfairly burdened by a mandatory curtailment level. The capability of the ordinance to achieve significant reductions in water use was demonstrated during the drought. The public recognized the presence of a genuine emergency situation and responded accordingly. This ordinance remains a valuable tool for Los Angeles in emergency situations. The mayor and City Council can implement appropriate phases of the ordinance during water-short periods to ensure adequate conservation of the available water supply.

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Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board Get This Book
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 Drought Management and Its Impact on Public Water Systems: Report on a Colloquium Sponsored by the Water Science and Technology Board
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Based on a colloquium sponsored by the Water Science and Technology Board, this book addresses the need for research toward the problems of water management during drought episodes. It covers such topics as the causes and occurrence of drought, drought management options, acceptable risks for public systems, and legal and institutional aspects of drought management.

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