Ala. Admin. Code r. 305-7-13-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 305-7-13-.07 - Community Public Water System Drought Conservation Plans

(1) An authorized representative (manager, board representative, engineering consultant, etc.) from each community public water system shall submit a local drought conservation plan to OWR no later than 180 days from the effective date of these regulations. A community public water system may be granted additional time, if a request is submitted in writing and approved by OWR in writing.

(2) The OWR may waive certain requirements of the drought conservation plan if the community water system demonstrates the need for a waiver. A waiver request must be submitted to OWR, in writing, with the justification for such a waiver. Examples of circumstances where OWR might issue such a waiver include but are not limited to:

(a) A wholesale community public water system, meaning a community water system that only sells water directly to other community public water systems and has no residential connections, or

(b) Other unique circumstances as deemed appropriate by OWR.

(3) The community public water system drought conservation plan may be a component of a broader, emergency action plan. Either the community public water system drought conservation plan or a broader, emergency action plan shall include or address, at a minimum, the following:

(a) A system overview that contains a physical or electronic map of the community public water system's service area, descriptions and locations of water supply sources and any alternative or emergency water supply sources, population served, number of service connections by type, and identifications of any system interconnections with other community public water systems. If available, the plan should also provide water usage estimates by season or month as well as per capita estimates;

(b) Identification of drought region(s), as defined in the State Drought Plan, impacted by the community public water system's service area;

(c) Tiered levels of voluntary or mandatory response actions to be taken to reduce water use based on the severity of water shortage conditions;

(d) Specific monitoring and measurements of available water supply, water demand, and system conditions that will be used to determine the severity of water shortage conditions and to describe water use reduction measures within the various "tiered" levels;

(e) A means of implementation and enforcement which shall be evidenced by:

1. A copy of an ordinance or resolution indicating official adoption of the drought conservation plan (or emergency action plan);

2. An interagency or interdepartmental agreement; or

3. Other documentation as approved by OWR.

(f) Procedures that will be used to regulate compliance with the provisions of the drought conservation plan;

(g) Procedures to receive and review applications for variances from specific requirements of the drought conservation plan and the criteria that will be considered in the determination of whether to issue a variance;

(h) Notification procedures that will be used to inform customers and the public about the implementation of the drought conservation plan and required water conservation response measures;

(i) Identification of any programs designed to educate customers on voluntary water efficiency measures;

(j) The designation of a staff position or organizational unit responsible for the implementation of the community public water system drought conservation activities and plans; and

(k) The designation and contact information of staff that will be responsible for notifying OWR of any voluntary or mandatory restrictions enacted by the system.

(4) Community public water systems that depend on water stored in a private or public impoundment they operate under a contract for the withdrawal of water shall include provisions for responding to water shortages that are consistent with the provisions of the contract and comply with any drought plan provisions established by the owner of the impoundment.

(5) Community public water systems that depend on the water that is purchased from another community public water system shall include provisions for responding to water shortages or restrictions from that community public water system.

(6) The drought conservation plan should provide for water users who have made improvements to maximize water use efficiency in their daily operations and may face disproportionate hardships when making further water use reductions. The drought conservation plan should avoid restricting efficient water users in ways that would undermine incentives for water users to seek continued improvements in water use.

(7) Community public water systems shall review their drought conservation plan at least every five years or upon change in the key staff position(s) designated to manage drought response actions and provide written verification of that review to OWR, even if no changes are made to the plan, within 30 days of the review's completion. Any community public water system that modifies or revises their drought conservation plan shall notify OWR and provide a copy within 30 days of the adoption of the revised drought conservation plan.

(8) Any new community public water system shall prepare and adopt a drought conservation plan within 180 days of commencement of operation.

Ala. Admin. Code r. 305-7-13-.07

Adopted by Alabama Administrative Monthly Volume XXXIV, Issue No. 08, May 31, 2016, eff. 7/1/2016.

Author: Tom Littlepage

Statutory Authority:Code of Ala. 1975, § 9-10 C-6.