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Local Water Law
Local Water Law: Westchester County Water Law
Chapter 693 WATER CONSERVATION*
§ 693.11. Restrictions on water consumption.
§ 693.21. Penalties for violation.
§ 693.41. Drought Emergency Task Force.
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*Editor's note--Former Ch. 693, Water Conservation, adopted by §§ 1 through 8 of L.L. No. 2-1985, as amended by L.L. No. 5-1985, was superseded by L.L. No. 9-1996.
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The intent of this chapter is to restrict the wasteful, inefficient or nonessential use of water during periods of drought, to provide measures for increasing public awareness of the need to conserve water not only during droughts but at all times through xeriscape landscaping or other water conservation measures, to establish penalties for violations and to provide for enforcement water conservation measures in Westchester County for the protection of the health, safety and welfare of the people of the county.
(Added by L.L. No. 9-1996)
1. Potable water means any water that meets New York State Department of Health Part 5 Sanitary Code standards for drinking water.
2. Residential swimming pool means any constructed pool, permanent or nonportable, that is intended for noncommercial use as a swimming pool by not more than three (3) owner families and their guests and that is over twenty-four (24) inches in depth and has a surface area exceeding two hundred fifty (250) square feet and/or a volume over three thousand two hundred fifty (3,250) gallons and has a recirculating system.
3. Commercial/public pool means any swimming pool other than a residential swimming pool which is intended to be used for swimming or bathing and is operated by an owner, lessee, operator, licensee or concessionaire regardless of whether or not a fee is charged for use.
4. Children's wading pool means a portable pool that has a shallow depth and is used primarily by small children for wading.
5. Automatic car wash means a facility for washing automotive vehicles in which the vehicles are mechanically moved through the washing process and where the amount of water used for washing purposes is controlled by the owner and not by the customer.
6. "Do it yourself" car wash means a facility for the washing of automotive vehicles in which the customers use the facility's hoses or other devices for washing their own vehicles and have only limited control of the amount of water used for washing purposes.
7. Newly sodded seeded areas are turf areas being established on bare ground. The definition does not include the overseeding of established turf nor the minor repair of small bare spots of less than twenty-five (25) square feet area in established turf.
8. Commercial and industrial businesses means, for the purpose of this chapter, those public or private nonresidential establishments, businesses or facilities that use more than one thousand (1,000) gallons (or equivalent volume) of potable water per day on a monthly basis.
9. Garden or gardens shall include trees, shrubs, perennials, annuals, vegetables and fruits.
10. Xeriscape landscaping means the use of drought resistant grasses and plants that are compatible with the area and that require the minimal use of water for their survival.
(Added by L.L. No. 9-1996)
§ 693.11. Restrictions on water consumption.
1. Scope of restrictions. The restrictions imposed under subsections 2., 3. and 4. of this section shall not apply to the use of water imported into Westchester County that is derived from a source outside of Westchester County other than the New York City water system, and shall not apply to precipitation collected by the user or to on-site use of surface or ground water supplies by the property owner unless the County Executive by regulation shall otherwise restrict the use of such water. Owners or operators of properties where there will be conspicuous on-site use of such surface or ground water supplies are encouraged to pre-register such usage with Westchester County in the same manner as is prescribed for water conservation plans in section 693.11 2.c.
2. Declaration of a "drought" emergency. Upon receipt of a report or recommendation from the Westchester County Department of Environmental Facilities, based upon factors including but not limited to the levels of the county's water supply sources, precipitation levels in the county and in the watershed area serving Westchester County, and the time of year, the County Executive may declare the existence of a "drought" emergency in Westchester County and, upon providing notice thereof by publication in a newspaper(s) of general circulation in the county and by transmittal to the radio and television media in the area, the following restrictions on water consumption shall apply 24 hours thereafter:
a. The use of fire hydrants for any purpose other than fire protection, public health requirements or other emergency or other authorized use is prohibited.
b. The serving of water to patrons in restaurants, clubs or eating places unless specificallyrequested by the customer is prohibited.
c. All industrial and commercial businesses must immediately formulate and implement a water conservation plan which reduces consumption by 15 percent. This plan shall be in writing in a form and format established by the County Water Agency and shall be kept on the premises and available for inspection by any peace officer or appropriate county or local municipal officers, employees or agents. For purposes of this subsection, the average water meter readings for the last five calendar years will be the minimum basis for the determination by each business or facility of its reduction in its water conservation plan.
Any commercial or business establishment that believes it has already imposed water conservation measures that meet the intent of this subsection may take the following measures to be exempted from the requirements of the first paragraph of this subsection. In consultation with the County Water Agency, the business owner shall prepare and keep current a water conservation plan in a format and content prescribed by said agency, which shall detail the steps already taken to reduce water consumption, and the consumption records documenting such achievement. Such plan shall be filed with said agency for approval, and a copy shall also be kept on the premises and available for inspection by any peace officer or appropriate county or local municipal officers, employees or agents. A list of all such plans shall be kept on file at the County Water Agency.
d. The operation of commercial automatic and "do it yourself" car washes is permitted if the car wash meets either of the following exemption criteria and has filed a water conservation plan in accordance with the requirements of this subsection. The use of recirculating systems is encouraged.
i. Water is obtained from a source on site or from a system totally independent of the New York City water supply system.
ii. The car wash establishment can demonstrate that it uses no more than a maximum total of 45 gallons of potable water, including make-up and rinse water, per unit washed.
e. The ornamental or display use of water, including such artificial displays as fountains, waterfalls, reflecting pools, lakes and ponds, is prohibited, whether or not such water is recirculated.
f. The use of hoses for street, driveway, sidewalk and/or automobile washing is prohibited. Automobile washing with a bucket is permitted.
g. Restrictions on watering of lawns and gardens:
i. Watering of lawns will be prohibited if there has been 0.1 inches or more of precipitation within the previous 24 hours. Watering of lawns at other times will be restricted to a total maximum of four hours per day between the hours of 5:00 a.m. and 9:00 a.m. and 7:00 p.m. and 9:00 p.m. only. Persons or businesses located at even-numbered addresses may water lawns on even-numbered days only. Persons or businesses located at odd-numbered addresses may water lawns on odd-numbered days only. Persons or businesses located at addresses that are neither odd- nor even-numbered may water lawns on odd-numbered days only. Newly sodded or seeded lawn areas may be watered daily within such time periods for the first six weeks following installation. Seeded areas must be mulched. Thereafter, the same rules apply as established above for lawn watering.
ii. Water may be used, without restriction on maximum hours of use per day and at any time, to irrigate gardens, provided that one of the following methods is used: a hand-held container; a drip irrigation system (including soaker hose "leaky pipe" and emitter-type systems); or a hand-held hose with an automatic shut-off device.
iii. Each plant nursery and other commercial user engaged in the business of growing, distributing or the selling of plants shall prepare and implement a water conservation plan described in section 693.11 2.c. above. Under the terms of such a plan, such nursery and commercial user may, without restriction on maximum hours of use per day and at any time, use water on their business premises for watering trees, shrubs, perennials, annuals, fruits and vegetables, sod and other plants grown, offered or held for sale.
h. Watering of golf course roughs is prohibited. Watering of fairways, tees and greens will be subject to the water conservation plan requirements specified in section 693.11 2.c. above.
i. The use of water in the power washing of the exterior of buildings is prohibited, unless a variance has been granted under the procedures of section 693.41 2. of this chapter.
j. Leaks in house water connections shall be repaired within 48 hours of detection.
k. Water meters shall be installed on all air-conditioning cooling towers within 30 days of the effective date hereof. Air-conditioning units over two tons are required to have recirculatory equipment.
l. Residential and commercial/public swimming pools shall not be filled more than once per year; however, spillage may be replenished. All swimming pools must be equipped with a filtered recirculating system. The use of children's wading pools is not restricted.
At any time during the existence of a "drought" emergency hereunder, the County Executive may, on the basis of a report or recommendations from the county's Department of Environmental Facilities, in order to effectuate the purpose of this legislation, promulgate regulations affecting water consumption in addition to the restrictions set forth in this subsection, which regulations shall become effective 24 hours after they are filed with the Westchester County Clerk, the Clerk of the Westchester County Board of Legislators and the Secretary of State; and notice thereof has been provided by publication in a newspaper(s) of general circulation in the county and by transmittal to the radio and television media in the area.
3. Declaration of a "severe drought" emergency. If, at any time during the existence of a "drought" emergency hereunder, the County Executive determines, on the basis of a report or recommendation from the county's Department of Environmental Facilities, that the restrictions set forth in subsection 1. of this section have not resulted in a sufficient level of conservation in light of existing water supply conditions, the County Executive may declare a "severe drought" emergency, and upon providing notice thereof by publication in a newspaper(s) of general circulation in the county and by transmittal to the radio and television media in the area, the following restrictions on consumption of water shall apply 24 hours thereafter, in addition to those imposed under subsection 2. of this section:
a. Residential swimming pools shall not be filled, nor shall spillage be replenished, unless one of the following exemption criteria is met:
i. Water used to fill or replenish spillage is obtained from an acceptable source independent of the New York City Water Supply system; or
ii. Use of the pool is necessitated by a documented medical or health related reason, in which case the limitations of section 693.11 2.k. shall apply.
b. Commercial and public swimming pools may be filled once per season, and spillage may be replenished in accordance with section 693.11 2.k. above.
c. The use of children's wading pools is not restricted.
d. Further restrictions on watering of lawns and gardens:
i. Watering of lawns will be prohibited if there has been 0.1 inches or more of precipitation within the previous 24 hours. Watering of lawns at other times will be restricted to a total maximum of four hours per day on each of two days per week between the hours of 5:00 a.m. and 9:00 a.m., and 7:00 p.m. and 9:00 p.m. (Odd-numbered addresses, and addresses that are neither odd- nor even-numbered, on Tuesdays and Saturdays, and even-numbered addresses on Wednesdays and Sundays.)
ii. Newly sodded or seeded lawn areas may be watered daily for the first six weeks of installation. Seeded areas must be mulched. After this period, the restrictions for lawn watering in subparagraph i. above shall apply. Golf courses may water fairways, tees and greens only in accordance with a water conservation plan as provided in subsection e. below.
iii. Gardens may be watered during the time periods set forth in subparagraph i. above and at other times, provided that one of the following methods is used: a hand-held container; a drip irrigation system (including soaker hose, "leaky-pipe", and emitter-type systems); or hand-held hose with an automatic shut-off device.
e. All water users required under subsection 2. of this section to formulate and implement water conservation plans shall formulate and implement such further water conservation plans to enable them to reduce water consumption by an additional five percent or a total of 20 percent reduction in water use.
Any commercial or business establishment that believes it has already imposed water conservation measures that meet the intent of this subsection may take the following measures to be exempted from the requirements of the first paragraph of this subsection. In consultation with the County Water Agency, the business owner shall prepare and keep current a water conservation plan in a format and content prescribed by said agency, which shall detail the steps already taken to reduce water consumption, and the consumption records documenting such achievement. Such plan shall be filed with the said agency for approval, and a copy shall also be kept on the premises and available for inspection by any peace officer or appropriate county or local municipal officers, employees or agents.
At any time during the existence of a "severe drought" emergency hereunder, the County Executive may, on the basis of a report or recommendation from the county's Department of Environmental Facilities, in order to effectuate the purpose of this legislation, promulgate regulations affecting water consumption in addition to the restrictions set forth in this subsection, which regulations shall become effective 24 hours after they are filed with the Westchester County Clerk, the Clerk of the Westchester County Board of Legislators and the Secretary of State; and notice thereof has been provided by publication in a newspaper(s) of general circulation in the county and by transmittal to the radio and television media in the area.
4. Declaration of an "extreme drought" emergency. If, at any time during the existence of a "severe drought" emergency hereunder, the County Executive determines, on the basis of a report or recommendation from the county's Department of Environmental Facilities that water consumption must be further reduced to accomplish the purposes of this legislation, the County Executive may declare an "extreme drought" emergency and upon providing notice thereof by publication in a newspaper(s) of general circulation in the county and by transmittal to the radio and television media in the area, the following restrictions on consumption of water shall apply 24 hours thereafter, in addition to those imposed under subsections 2. and 3. of this section:
a. All water users, both residential and nonresidential, shall install water flow restricting devices in all shower heads or install low-flow shower heads conforming to New York State Department of Environmental Conservation standards.
b. No air-conditioning system using water shall be operated during the hours of 7:00 a.m. to 11:00 a.m. daily, except in health care facilities or other installations where temperature and humidity controls are an essential standard operating procedure.
c. All water users required under subsections 2. and 3. of this section to formulate and implement water conservation plans shall formulate and implement such further water conservation plans to enable them to reduce water consumption by an additional five percent or a total of 25 percent reduction in water use.
Any commercial or business establishment that believes it has already imposed water conservation measures that meet the intent of this subsection may take the following measures to be exempted from the requirements of the first paragraph of this subsection. In consultation with the County Water Agency, the business owner shall prepare and keep current a water conservation plan in a format and content prescribed by said agency, which shall detail the steps already taken to reduce water consumption, and the consumption records documenting such achievement. Such plan shall be filed with said agency for approval, and a copy shall also be kept on the premises and available for inspection by any peace officer or appropriate county or local municipal officers, employees or agents.
d. Further restrictions on watering of lawns and plants:
i. The watering of all established lawns is prohibited, except for golf course fairways, tees and greens watered only in accordance with a water conservation plan as provided in subsection c. above. The installation of new sod or seeded areas should be avoided or postponed, but if such installation is essential, the watering of such new sod or seeded installations in an extreme drought emergency shall be only through the exemption and/or variance procedures of this chapter. All newly seeded areas shall be mulched.
ii. Gardens may be watered during the time periods set forth in subparagraph i. above and at other times, provided that one of the following methods is used: a hand-held container; a drip irrigation system (including soaker hose, "leaky pipe" and emitter-type systems); or hand-held hose with an automatic shut-off device.
At any time during the existence of an "extreme drought" emergency hereunder, the County Executive may, on the basis of a report or recommendation from the county's Department of Environmental Facilities, in order to effectuate the purpose of this legislation, promulgate regulations affecting water consumption in addition to the restrictions set forth in this subsection, which regulations shall become effective 24 hours after they are filed with the Westchester County Clerk, the Clerk of the Westchester County Board of Legislators and the Secretary of State; and notice thereof has been provided by publication in a newspaper(s) of general circulation in the county and by transmittal to the radio and television media in the area.
5. Termination of any drought emergency. If, at any time during the existence of a drought condition set forth in subsection 2., 3. or 4. of this section, the County Executive, on the basis of a report or recommendation from the county's Department of Environmental Facilities, determines that the restrictions imposed have resulted in a sufficient level of conservation in light of existing water supply conditions, the County Executive may reduce or terminate the restrictions then in effect, by declaration, upon providing notice thereof by publication in a newspaper(s) of general circulation in the county and by transmittal to the radio and television media in the area.
6. Point of delivery. All plans required to be submitted pursuant to the provisions of subsections 2., 3. and 4. of this section shall be submitted to the County Water Agency, in care of the Office of the Commissioner, Westchester County Department of Environmental Facilities, 270 North Avenue, New Rochelle, New York 10801.
(Added by L.L. No. 9-1996)
§ 693.21. Penalties for violation.
1. Any violation of the restrictions in section 693.11 of this chapter shall be an offense punishable by a fine not to exceed $100.00 for the first offense, not to exceed $500.00 for the second offense and not to exceed $1,000.00 for the third and every subsequent offense or alternatively, by a maximum of 15 days' imprisonment for each offense after the second offense, except that any person violating any restrictions imposed under subsection 4. of section 693.11 of this chapter and who has been convicted of at least two other offenses under said section 693.11, shall be subject to a fine not to exceed $1,500.00. Each day that any violation under section 693.11 of this chapter continues shall constitute a separate offense for which a fine or imprisonment may be imposed.
2. In addition to any other penalties prescribed by law, any violation of any provision of this chapter shall be punishable by a civil penalty of not more than $100.00 for the first violation and not less than $100.00 nor more than $1,000.00 for the second and every subsequent violation. Each day that a violation continues shall constitute a separate violation for which such civil penalty may be imposed.
(Added by L.L. No. 9-1996)
1. This chapter shall be enforced by any peace officer or appropriate county or local municipal officers, employees or agents.
2. All civil penalties imposed and collected by reason of enforcement of this chapter by the County of Westchester shall be credited to the county's general fund.
3. All criminal penalties collected by reason of enforcement of this chapter by a city, town or village shall be paid to each such city, town or village and credited to its general fund.
(Added by L.L. No. 9-1996)
§ 693.41. Drought Emergency Task Force.
1. The Drought Emergency Task Force created by the County Executive shall be empowered to establish administrative procedures to enable it to monitor, effectively, compliance with the county's water conservation program. Such administrative procedures shall include, but not be limited to, procedures for the review and determination of applications for exemptions and/or variances from county-imposed restrictions on water consumption, as provided in subsection 2. of this section. The Drought Emergency Task Force shall also be empowered to investigate long-term strategies of water conservation and to recommend the enactment of legislation to address, inter alia, the problem of future water requirements, needs, supplies and sources for Westchester County.
2. Upon written application of any person or entity, the Drought Emergency Task Force may in its discretion grant an exemption and/or variance relieving such person or entity from compliance with any of the requirements of this chapter, on the basis of factors, including but not limited to the following:
a. That undue hardship would otherwise result;
b. That there are no possible alternatives;
c. That the applicant has taken and will take all possible measures to conserve water, with a complete description of such measures and the water savings to be effected;
d. That such exemption and/or variance is not inconsistent with the purposes of this legislation; and
e. The source and nature of the applicant's water supply.
In connection with any exemption and/or variance which may be granted, the Drought Emergency Task Force shall impose such terms and conditions as it deems appropriate. Any variance and/or exemption granted shall be fashioned to comport as strictly as possible with the intent of this legislation.
(Added by L.L. No. 9-1996)
If any provision, section, clause, phrase or word of this chapter shall be held by any federal or state court to be invalid in whole or in part or inapplicable to any person or situation, all other provisions, sections, clauses, phrase or words shall remain fully effective, and the application of any such provisions, sections, phrases or words to other persons not similarly situated or other situations shall not be affected thereby.
(Added by L.L. No. 9-1996)
This chapter shall take effect immediately and its provisions shall be enforced at all times during the existence of a drought, severe drought or extreme drought in Westchester County, as declared by the County Executive.
(Added by L.L. No. 9-1996)