§ 143-355.2. Water conservation measures for drought. - North Carolina Statutes

§ 143‑355.2.  Waterconservation measures for drought.

(a)        Each unit of localgovernment that provides public water service and each large community watersystem shall develop and implement water conservation measures to respond todrought or other water shortage conditions as provided in this section.Pursuant to G.S. 143‑355(l), water conservation measures to respond todrought or other water shortage conditions shall be set out in a water shortageresponse plan and submitted to the Department for review and approval. TheDepartment shall approve the water shortage response plan if the plan meets allof the following criteria:

(1)        The plan includestiered levels of water conservation measures or other response actions based onthe severity of water shortage conditions.

(2)        Each tier of waterconservation measures shall be based on increased severity of drought or watershortage conditions and will result in more stringent water conservationmeasures.

(3)        All otherrequirements of rules adopted by the Commission pursuant to S.L. 2002‑167.

(4)        Does not contain anyprovision that meters or regulates private drinking water wells, as defined inG.S. 87‑85.

(b)        The Department mayrequire a unit of local government that provides public water service or alarge community water system to implement the more stringent water conservationmeasures described in subsection (d) of this section if the Department makeswritten findings that any county, as determined by subsection (e) of thissection, in which the source of water for the public water system operated bythe unit of local government or by a large community water system is in:

(1)        Severe, extreme, orexceptional drought, and the Department finds all of the following:

a.         The unit of localgovernment that provides water service or large community water system has notbegun implementation of any level of water conservation measures set out in thewater shortage response plan.

b.         Implementation ofmeasures is necessary to minimize the harmful impacts of drought on publichealth, safety, and the environment, including the potential impacts of droughtor other water shortage on interconnected water systems and other water systemswithdrawing from the same water source, or

(2)        Extreme orexceptional drought, and the Department finds that the unit of local governmentthat provides water service or large community water system has implemented themeasures required under the water shortage response plan for the appropriatetier of water conservation measure for 30 days or more and that implementationof the measures required has not reduced water use in an amount sufficient tominimize the harmful impacts of drought on public health, safety, and theenvironment, including the potential impact of drought or other water shortageon interconnected water systems and other water systems withdrawing from thesame water source.

(c)        In making thefindings required under subsection (b) of this section, the Department shallconsider the:

(1)        Hydrological droughtconditions.

(2)        Drought forecast.

(3)        Reductions in wateruse achieved under water conservation measures in effect.

(4)        Availability ofother water supply sources and other indicators of the extent and severity ofdrought impacts.

(5)        Economic impacts onthe community to implement more stringent water conservation measures.

(6)        Conservationmeasures of all registered water withdrawals within the same 8 digit hydrologicunit code established by the U.S. Geological Survey to the extent theDepartment is able to document those measures.

(d)        Based on thefindings required under subsection (b) of this section, the Department mayrequire the unit of local government that provides public water service or thelarge community water system to begin implementation of its plan or toimplement the next tier of water shortage response measures. If, afterconsultation with the unit of local government or the large community watersystem, the Department makes a written finding that the next tier of measuresset out in the plan, together with any other reasonable steps that may beavailable to reduce water use, will not reduce water use in an amountsufficient to minimize the harmful impacts of drought on public health, safety,and the environment, including the potential impact of drought or other watershortage on interconnected water systems and other water systems drawing fromthe same water source, then the Department may require implementation of thetier that is two levels more stringent than the tier being implemented.

(e)        For purposes ofthis section, the drought designation for an area shall be the U.S. DroughtMonitor designation for the county in which the water source is located aspublished by the Drought Management Advisory Council. The Secretary may approvea county drought designation that is different from the U.S. Drought Monitordesignation pursuant to G.S. 143‑355.1(f1). If the water source islocated in more than one county and the counties have different droughtdesignations, the Council shall recommend to the Secretary the drought designationto be applied to water systems that withdraw water from the water source. Therecommendation of the Council shall be based on the drought indicatorsidentified in G.S. 143‑355.1(f) as applied to the water source.

(f)         A unit of localgovernment that provides public water service or a large community water systemthat does not have a water shortage response plan shall implement the defaultwater conservation measures for extreme and exceptional drought set out in therules adopted by the Commission pursuant to S.L. 2002‑167.

(g)        A unit of localgovernment that provides water service or a large community water system thatdoes not have an approved water shortage response plan shall implement thedefault water conservation measures specified in subsection (f) of this sectionwithin 10 days following a drought designation that requires implementation ofwater conservation measures. A water shortage response plan is presumed to beapproved until the Department notifies the unit of local government or largecommunity water system that the plan has been disapproved. A unit of localgovernment that provides public water service and a large community watersystem shall be deemed to be in compliance with this section if, within 10 daysafter water shortage conditions identified in the plan require implementationof water conservation measures, the water system begins implementation of thewater conservation measures required by the plan.

(h)        Water conservationmeasures imposed by a unit of local government that provides public waterservice or by a large community water system may be more stringent than theminimum water conservation measures required under this section.

(h1)      A trade orprofessional organization representing commercial car washes may establish avoluntary water conservation and water use efficiency certification program toencourage and promote the use of year‑round water conservation and wateruse efficiency measures as follows:

(1)        A water conservationand water use efficiency certification may only be issued to a person thatdemonstrates that water use from its water consuming processes is reduced byand maintained at twenty percent (20%) or more below the yearly average wateruse for the calendar year preceding application for certification. In order toreceive and maintain certification, a person must have its facility inspectedon an annual basis by a licensed plumbing contractor who will confirm that theapplicant is in compliance with the standards of the certification program.

(2)        A unit of localgovernment that provides public water service or a large community water systemshall recognize and credit a commercial car wash that has met the standards ofa certification program for at least six months prior to the most recentextreme drought designation for water conservation achieved under the program.To the extent that a tiered response stage in the water shortage response planrequires commercial or industrial users to implement a percentage reduction inuse, a car wash certified under a program shall be credited with the percentagereduction achieved by measures implemented under the program. Car washescertified under a program shall not be required to reduce consumption more thanany other class of commercial or industrial water users during a water shortageemergency.

(3)        To qualify as anapproved water conservation and water use efficiency certification program, theDepartment of Environment and Natural Resources shall determine that theprogram effectively utilizes industry best management practices for theefficient use of water and achieves year‑round reductions in water use.Best management practices may include, but are not limited to, recycling,reclaiming, or reusing a portion of the water in the consuming processes. If aunit of local government that provides public water service or a largecommunity water system determines that a person certified under such a programis not complying with the terms and standards of the certification program, itmay refuse to recognize and credit the conservation measures.

(i)         A unit of localgovernment that provides public water service and a large community watersystem shall report that the water system has begun implementation of waterconservation measures set out in the water system's water shortage responseplan or the default water conservation measures to the Department within 72hours after beginning implementation.

(j)         This section shallnot be construed to authorize or require the implementation of waterconservation management measures that conflict with or are superseded by theprovisions of any order of a federal or State court or administrative agency,any interstate agreement governing the allocation of water to which the Stateis a party, or any license for a hydroelectric generating facility issued bythe Federal Energy Regulatory Commission; including, without limitation, anyprotocol or subsidiary agreement that may be part of or incorporated in anysuch order, interstate agreement, or operating license.  (2008‑143, s. 5; 2009‑480,s. 1.)