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15A.
Limitations on Use. In an effort to conserve water, the following rules shall control the uses hereafter described:
1.
No customer shall connect an in-ground or underground irrigation or sprinkler system to the municipal water system. Lawn irrigation shall be prohibited from June 1 to August 31.
2.
No customer shall use water furnished by the municipal water system for lawn irrigation, house washing, boat washing, or residential car washing when the height of north reservoir is more than 42 inches below the top of the spillway and after publication of said information in a daily or weekly newspaper of general circulation within the Town of Jamestown.
3.
When the height of the north reservoir is from 42 inches to 60 inches below the top of the spillway and after publication as described in subsection 2, above, no customer shall use water furnished by the municipal water system for any outdoor use.
4.
Any customer alleged to have violated any of subsections 1 through 4, of section 15A or any of subsections 1 through 4 of Section 15B of the Rules and Regulations, may be required to appear at a show cause hearing before the commission. Notice of the show cause hearing shall be mailed to the customer by first class mail at least 14 days before the hearing. The notice shall set forth the time, date and place of hearing and the subsection or subsections alleged to have been violated. The hearing shall be open to the public. Violations shall be established upon proof to a preponderance of the evidence before the commission, as found by a majority vote of all members of the commission, that the customer has violated the aforementioned rules and regulations. If the commission finds that there has been a violation of the rules and regulations, the burden shall be upon the customer to show cause, by a preponderance of the evidence satisfactory to a majority of the commission, why the customer's water service should not be discontinued or, as an alternative to discontinuance, temporarily suspended upon such terms and conditions as the commission deems appropriate.
5.
An application for relief from the literal requirements of subsections 2, 3, and 4, above, in the form of a variance, shall be made in writing to the board of water and sewer commissioners, specifying the relief sought and reasons therefore. The commission shall hold a public hearing on any application for a variance in an expeditious manner, after receipt, in proper form, of an application, and shall give notice of the public hearing by publication of notice in a newspaper of general circulation within the Town of Jamestown at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the application for the variance. Notice also shall be sent by first class mail to the applicant at least 14 days before the hearing. The cost of publishing and mailing notices shall be borne by the applicant. The commission may grant relief in the form of a variance, setting forth terms, conditions and limitations it deems appropriate, only upon a four-fifths vote of all members of the commission and only upon a finding that the applicant has proven by clear and convincing evidence:
a.)
That the requested relief will not compromise the ability of the commission to supply customers with adequate quantities of safe potable water; and,
b.)
That the requested relief will not contribute to conditions inimical to the public health, safety and welfare or to the Town of Jamestown Water Supply Management Plan; and
c.)
That the applicant has no reasonably available and practical alternative, such as wells, holding tanks, water tankers, off-island services, or the like, to supply water for the use or uses in question; and,
d.)
That the applicant will suffer substantial hardship if relief is not granted and that the hardship is not the result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater financial gain; and,
e.)
That the relief to be granted is the least relief necessary.
6.
The commission may temporarily suspend all or part of the limitations on use set forth in subsections 2, 3 and 4 above, for such period or periods of time and/or upon such terms and conditions it deems appropriate at a public hearing and upon a four-fifths vote of all members of the commission and upon a finding, upon a preponderance of the evidence, that it is satisfied that rainfall, other meteorological conditions, north reservoir height, projected water usage needs, and other factors it deems pertinent establish that the suspension will not compromise the ability of the commission to supply customers with adequate amounts of potable water for the foreseeable future, and that the suspension will not contribute to conditions inimical to the public health, safety, welfare or to the Town of Jamestown Water Supply Management Plan. The reason for and the dates comprising the period of suspension shall be set forth in the decision of commission. However, the commission may terminate the suspension at any time if it determines at public hearing and upon majority vote that a preponderance of evidence shows that conditions require reinstatement of the suspended subsection or subsections. Notice of public hearings hereunder shall be published in a newspaper of general circulation within the Town of Jamestown at least seven days before the hearing. Notices of suspension, termination and/or reinstatement shall be published in such a newspaper within seven days of the commission's action.
15B.
Limitations on appliances, toilets and fixtures. In an effort to conserve water, the following rules shall control appliances, toilets and fixtures.
1.
New construction. No connection to the municipal water system shall be approved unless all clothes washers, dishwashers, toilets, faucets and showerheads meet or exceed the water efficiency standards established and published by the board from time to time.
2.
Existing construction. No clothes washer or dishwasher in any structure connected to the municipal water system shall be replaced except with such appliance as meets or exceeds the water efficiency standards established and published by the board from time to time.
3.
Existing toilets, faucets, showerheads and clothes washers.
a.
Sale. No interest in improved real property connected to the municipal water system shall be conveyed for consideration unless and until all toilets, faucets and showerheads therein meet or exceed the low-flow standards established and published by the board from time to time.
b.
Non-Sale. All toilets, faucets and showerheads in all improved real property connected to the municipal water system shall meet or exceed the low-flow standards set forth in the following in table A, below. The owner of any improved real property which is not in compliance with the requirement shall be billed an addition $50.00 charge for each quarter during which the noncompliance continues.
Plumbing Fixture
or
Fixture Fitting Maximum Flow Rate or
Quantity**
Water closet 1.6 gallons per flushing cycle
Urinal 1.0 gallons per flushing cycle
Shower head 2.5 gallons per minute at 80 psi
Lavatory, private 2.2 gallons per minute at 60 psi
Lavatory, public 0.5 gallons per minute at 80 psi
Lavatory, public,
metering or
self-closing 0.25 gallon per metering cycle
Sink faucet 2.2 gallons per minute at 60 psi
**Consumption tolerances shall be determined from reference standards.
Within 15 years of the date May 17, 1999, all clothes washers in all improved real property connected to the municipal water system shall meet or exceed the water efficiency standards established and published by the board the from time to time.
4.
Procedure. No person shall connect new construction as described in (B)(1) above, replace appliances as described in (B)(2) above, or replace toilets, faucets, showerheads and clothes washers as described in (B)(3)(a) and (B)(3)(b) above, unless issued a permit therefore by the office of the building official of the Town of Jamestown.
Upon installation or replacement of the appliances and/or fixtures described herein, every owner shall apply to the office of the building official for a certificate of compliance which shall be issued by the office of the building official upon satisfactory evidence that the appliances and/or fixtures meet the standards established and published by the board from time to time. The office of the building official shall charge as an inspection fee for said certificate of compliance such fee as may be established and published by the commission from time to time. Said certificate of compliance shall be presented to the clerk of the commission who shall maintain a permanent record of the same.