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09-04-2002 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: September 4, 2002 Item Number: l. Subject: Suspension of Mandatory Restrictions on the Use of Public Water and Adoption on an Emergency Basis of New Mandatory Restrictions on the Use of Public Water, Ground Water, and Surface Water in accordance with the Governor's Executive Order; and Setting of Public Hearing to Re-adopt New Restrictions County Administrator's Comments: County Administrator: Board Action Requested: Adopt the attached Ordinance on an emergency basis and set a public hearing for October 9, 2002 to consider re-adopting the ordinance. Summary of Information- On Friday, August 30, 2002, Governor Warner adopted Executive Order 33 which limits the use of surface water and ground water throughout all of the Commonwealth except for Northern Virginia and Southwest Virginia. The Executive Order prohibits all lawn watering; all vehicle washing except by commercial car washes; all filling of swimming pools except for pools used by health care facilities for patient care and rehabilitation; and all golf course irrigation except for the watering of golf course tees and greens between the hours of 8:00 p.m. and 8:00 a.m. The Executive Order does not provide any penalty for violation but does authorize local governments to establish, collect and retain fines for violations of the restrictions. The restr}'¢~,i~pp~b~ Governor are less restrictive than those imposed by the/~o~/i~ ~o~t¥,~ mandatory water restriction ordinance in Preparer: 6% ~!..~ ~ ~_...~~ Title: County At torne~ tev~J h-. xM/i~s - 0505: 58855. z (58854. Z) Attachments- Yes ~ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 certain respects and more restrictive in others. Specifically, unlike the County ordinance, the Executive Order does not prohibit water use in decorative or landscape fountains; for washing of paved areas; and for watering landscaping other than lawns, such as shrubbery and trees. On the other hand, the Executive Order is more restrictive than the County's ordinance in that it prohibits all lawn watering and restricts water use for swimming pools, vehicle washing, and golf courses to a greater extent than the County's ordinance. In addition, the Executive Order, unlike the County's ordinance prohibits even the use of well water for lawn watering, swimming pools, vehicle washing, and golf courses. After reviewing the restrictions imposed by the Executive Order, staff believes that in order to promote uniformity and minimize confusion, water conservation in the County can best be achieved during the imposition of the Executive Order by suspending the County's mandatory water restrict;, ordinance and replacing it with an ordinance that imposes fines that are the same as those adopted by the Board on August 28, 2002 for the new restrictions imposed by the Governor pursuant to Executive Order 33. The penalties imposed by the Board are $100.00 for a first offense, $200.00 for a second offense, $400.00 for a third offense, $800.00 for a fourth offense, and $1,600.00 for the fifth and all subsequent offenses. In addition to the restrictions imposed by Executive Order 33, staff believes that the prohibition of washing paved areas except when necessary for health and safety reasons should also be included along with the restrictions imposed by the Governor pursuant to Executive Order 33. The Board may adopt the attached ordinance, which implements staff's recommendation, on an emergency basis without the necessity of a public hearing. However, if the Board adopts the ordinance on an emergency basis, the Board must hold a public hearing and readopt the ordinance within 60 days or else the ordinance will no longer be effective. Staff is requesting the Board to schedule a public hearing for October 9 2002 to consider re- adoption of the ordinance. ' 0505:58855.1(58854.1) AN ORDINANCE SUSPENDING THE COUNTY MANDATORY RESTRICTIONS ON USE OF PUBLIC WATER AND IMPOSING MANDATORY RESTRICTIONS ON THE USE OF PUBLIC WATER, SURFACE WATERS AND GROUND WATER IN ACCORDANCE WITH THE GOVERNOR'S EXECUTIVE ORDER BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. That the following ordinance is hereby adopted as follows: Sec. 1. Suspension of mandatory restrictions on use of public water. Due to the adoption by the Governor of Virginia of Executive Order 33 on August 30, 2002, the County ordinance imposing mandatory restrictions on use of public water adopted by the Board of Supervisors on an emergency basis on July 24, 2002 and readopted on August 28, 2002, hereafter referred to as the County Mandatory Water Restriction Ordinance is hereby suspended until such time as Executive Order 33 is no longer in force and effect as to Chesterfield County. At such time as Executive Order 33 is no longer in force and effect as to Chesterfield County, the County Mandatory Water Restriction Ordinance shall immediately become effective again. Sec. 2. Mandatory water use restrictions. No public water, ground water, or surface water shall be used for any of the activities prohibited by Executive Order 33, or by any modification hereafter made to Executive Order 33. Any modification to the water use prohibitions adopted by the Governor shall be prohibited in the County by this ordinance, mutatis mutandis. If Executive Order 33 is amended, superseded or otherwise modified in a way that permits a water use that is not permitted by the County Mandatory Water Restriction Ordinance, or if the Drought Coordinator grants an exception to the restrictions of the Executive Order that permits a water use that is not permitted by the County Mandatory Water Restriction Ordinance, then the prohibition of the County Mandatory Water Restriction Ordinance shall be in full force and effect, and the water use that would otherwise have been permitted by such amendment, supersession~ modification or exception shall still be prohibited in Chesterfield County as provided in such Ordinance. In addition, washing paved areas is prohibited except for health and safety requirements. Sec. 3. These restrictions shall take effect immediately upon adoption of this ordinance. Sec. 4. It shall be a violation of this ordinance for any person to use water or allow, o~' cause the use of water in violation of any of the provisions of this ordinance. Sec. 5. Penalty. The provisions of section 6 of the County Mandatory Water Restriction Ordinance shall apply to violations of this ordinance. In addition, notice of assessment o I' fines imposed on violators who are not users of the public water system shall be sent to the address where the violation took place. 0505:58854.1 (58855.1) 1 Sec. 6. This ordinance shall not be set out in the Code. (2) That this ordinance shall take effect immediately and shall expire upon the termination of Executive Order 33 as it affects Chesterfield County, at which time the County Mandatory Water Restriction Ordinance shall once again become effective. 0505:58854.1 (58855.1) 2 CHESTERFIELD CO UNTY EMERGENCY MANAGEMENT P.O. Box 40 Chesterfield, Virginia 23832-0040 (804) 748-1236 pricel@chesteul~eld, gov Lane B. Ramsey County Administrator/Director Stephen A. Elswick Depuly Director Lynda F. Price Coordinator September 4, 2002 Drought Affected Citizen Water Distribution Plan Components: Citizen Notification a. Letters to citizens on list for well drilling b. Public notifications for media Tank Acquisition a. Cost of delivery, tank vendors, quantities available: 1. 100 gal. 2. 550 gal. 3. 1100 gal. C. Water Delivery a. Quotes due to Purchasing on September 5, 2002 at 2:00 p.m. b. Cost for (2) vendors that would deliver water: 1. 55 gal. 2. 100 gal. 3. 500 gal. 4. 1500 gal. 5. 3,000 gal. M :drough~/wa~erdeliveryBOS An Affiliate of Media General Advertising Affid avit (This is not a bill Please pay from invoice) P.O. Box 85333 Richmond, Virgi nia 23293-0001 (804) 649-6000 J Account N??~~ og/1 112002 [Date Cod'-; ......... Descript ion Ad Size Tota~ Cos-------7 ....... I (~9/l t/20{}2 1 21 NOTICE OF M ANDATf3RY WATER RESTRICTIC)N~q 2.00 x 25_00 249 00 ATTACH HERE "-'-'-Media G ener ;I 0pe-m-'iions, ........................ inc. PubJisher of THE RICHIVION D TiMES-DISPATCH Thi s is to certify that the attached NC)TlC, F, OF MANDAT©R¥ -% was published by Richmond Newspapers, ~nc. in the City of RiChmond, Stat~ of Virginia, on the following dates: 09/11/2002 The first insertion being given Newspaper reference: sWOrn to and su~cribed before I 1200428 09/11/20O2 N~arY Pub~ ic SUpewJsor ia CH ESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 4, 2002 Item Number: 2. Sub!ect: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County Administrator's Comments: County Administrator: Board Action Rea_uested: Summary of Information: Motion of adjournment and notice of next scheduled meeting to be held on September 18, 2002 at 3:30 p.m. Lisa H. Elko Title: Clerk to the Attachments: [---~ Yes No