Objective: To establish the policies, rules, duties, penalties and plans for the Fayetteville Public Utilities Water System that will be implemented during declared droughts or water shortage.
BACKGROUND AND PURPOSE
Fayetteville Public Utilities strives to provide reliable utility service; however, the utility does not guarantee to any customer any fixed pressure or continuous service. There are times when weather, supply problems, construction problems, accidents and other incidents will create situations resulting in service interruptions or the need for conservation of utility services.
The utility is run for the benefit of all present and future customers, and while no customer shall intentionally be treated unfairly, no customer shall be treated in a way that compromises the interests of other customers.
The utility is subject to various state and federal regulations and has no discretion to provide utility service in a manner which would violate these regulations.
1. The utility cannot and does not guarantee either a sufficient supply or an adequate or uniform pressure, and shall not be liable for any damage or loss resulting from an inadequate or interrupted supply, from any pressure variations, or for damages from the resumption of service when such conditions are not due to willful fault or neglect on its part.
2. The utility may discontinue service to any customer who fails to abide by any restrictions placed on utility services during times of shortages or emergencies, as follows.
3. The Board of the Fayetteville Public Utilities and or the CEO of Fayetteville Public Utilities may at their discretion implement and enforce restrictions and prohibitions of any and all non-essential water usages.
Essential Use: Use of water is strictly for fire fighting, safety, sanitation, health and medical purposes, and the use of water to satisfy federal, state and local public health and safety requirements.
Domestic Use: Any use of water for household purposes such as drinking, bathing, heating, cooking, sanitation or cleaning, whether the use occurs in a residence or in a commercial or industrial establishment.
Non-Essential Use: All other uses for water other than Essential and Domestic Use.
STAGES OF ALERT
These stages are designed to reduce consumption based on existing conditions of drought and/or excessive leaks in the system. Conservation measures are implemented in voluntary and mandatory stages in order to provide all customers with life-sustaining essential potable water. Stages are based on the Palmer Drought Severity Index through the National Oceanic and Atmospheric Administration within the U.S. Department of Commerce. Stage implementation will be broadcast through all local media and will be posted at the main office building
Stage 1 (Moderate Shortage/Drought)
All customers are requested to reduce normal consumption of essential use and domestic use by 10%, and all non-essential use by 15%.
Stage 2 (Severe Shortage/Drought)
Mandatory restrictions and prohibited activities include:
1. Watering of lawns, flower and/or vegetable gardens, trees, shrubs, etc., are restricted to assigned days of the week and only from 5:00 AM to 10:00 AM: addresses ending in an even number may water on Wednesday, Friday, or Sunday, and addresses ending in an odd number may water on Tuesday, Thursday, or Saturday;
2. Watering of fairways on any golf course and all ball/athletic fields restricted to sprinkling/irrigation to the hours of 12:01 AM to 5:00 AM; and
3. Normal scheduled fire hydrant testing is restricted to 50% of the schedule.
4. Utilities under contract will be limited to the specified daily amount per their contract.
5. Utilities not under contract will only be allowed 50% of their average daily usage based on the previous 12 months.
1. Washing sidewalks, driveways, parking areas, tennis courts, patios, or any other hard surfaces by commercial, industrial or residential customers except for sanitary or safety purposes;
2. Filling or re-filling of swimming pools;
3. Non-commercial washing of privately owned vehicles, trailers or boats;
4. Use of water for dust control or construction compaction; and
5. Fire fighting training.
Stage 3 (Extreme Shortage/Drought)
Mandatory restrictions and prohibited activities include Stage 2 and are amended as follows:
Commercial nurseries and vegetable gardens will be restricted to absolute minimum usage to keep plants alive; Watering of golf course tees and greens may only be watered on Monday, Wednesday, and Fridays from 12:01 AM to 5:00AM, and ball fields may only be watered on Tuesday, Thursday, or Saturday from 12:01 AM to 5:00 AM; and Water served for drinking purposes at restaurants or other public or non-public eating establishments is restricted to be served only as requested by the patron or customer. Utilities under contract will be limited to their specified daily amount per their contract. Utilities not under contract will be limited to the availability of water. Industries will be restricted to 75% of their normal daily usage based on their average daily usage for the past 12 months.
Residential watering of trees, shrubs, lawns, or flower gardens; Watering of golf course fairways; and All non state-mandated line flushing by utilities and fire departments.
Failure to comply with water restrictions/prohibitions will result in a warning for the first offense, and termination of services for the second offense. Normal reconnect fees will apply. If no one is able to be contacted in person, the notice of violation will be in form of door hangers, and/or by phone if time constraints allow.
"Obtaining utility service by fraud is unlawful. It is unlawful to obtain or attempt to obtain by use of any fraudulent scheme, device, means or method, electric, sanitary sewer, water, or gas service, with intent to avoid payment of lawful price, charge or toll therefore, or for any person to cause another to avoid such payment for such service, or for any person to assist another in avoiding payment for electric, sanitary sewer, water, or gas service, either through the making of multiple applications for service at one (1) address, or otherwise." Tennessee Code Annotated (TCA) 65-35-102 (3)
"Also any person violating the provisions of TCA 65-35-102 is liable civilly for damages resulting from such violation, including actual, compensatory, incidental, and punitive damages. The damages shall be three (3) times the utility's estimated loss of revenue, plus reasonable attorney's fees and costs associated with such loss." TCA 65-35-104 (a)(b