This chapter applies to the use of water from the water system.

(G.O. 15, 2009, § 1; G.O. 36, 2011, § 24)

As used in this chapter, the following terms shall have the meanings ascribed to them in this section.

Advisory conditions means conditions under which voluntary conservation measures are appropriate due to decreased supplies in the reservoirs, or other circumstances have reduced the amount of treated water available to customers, as determined by Citizens Energy Group.

Customer means an individual, firm, corporation, government agency or other entity being supplied with water utility service by Citizens Energy Group at a location within the county.

Flower garden means a garden where substantially all of the plants are suitable and maintained primarily for decorative purposes or are ornamental shrubbery regardless of the age of the plant, tree, bush, or shrub.

Mandatory conservation means compliance with Citizens Energy Group's imposition of requirements that are designed to reduce certain kinds and types of water use.

Normal conditions means conditions under which water supply and treatment capacity are adequate to meet all demands.

Reservoirs means Geist Reservoir and Morse Reservoir.

Treated water means water treated in a manner that it is suitable for human consumption or for another designated use.

Vegetable garden means a garden where substantially all of the plants are suitable and grown primarily for human consumption.

Voluntary conservation means compliance with Citizens Energy Group's request to reduce water use.

Water alert means an occurrence wherein mandatory conservation measures are appropriate due to actual or projected levels in either of the reservoirs being reduced to less than their designed drawdown curves, groundwater wells not functioning properly due to reduced groundwater levels, or the existence of other circumstances that have reduced the amount of treated water available to customers, as determined by Citizens Energy Group.

Water emergency means an occurrence wherein mandatory conservation measures are appropriate due to the levels in either of the reservoirs having been reduced to less than their designed drawdown curves or less than an estimated twenty-five (25) percent of their annual drawdown design capacities, groundwater wells not functioning properly due to reduced groundwater levels, or the existence of other circumstances that have reduced the amount of treated water available to customers, as determined by Citizens Energy Group.

Water system means the water system in the county owned and operated by Citizens Energy Group.

Water user means a customer or other individual, firm, corporation, government agency, or other entity using water within the county from the water system .

Water warning means an occurrence wherein mandatory conservation measures are appropriate due to the levels in either of the reservoirs having been reduced to less than their designed drawdown curves or less than an estimated fifty (50) percent of their annual drawdown design capacities, groundwater wells not functioning properly due to reduced groundwater levels, or the existence of other circumstances that have reduced the amount of treated water available to customers, as determined by Citizens Energy Group.

(G.O. 15, 2009, § 1; G.O. 36, 2011, § 24; G.O. 24, 2013, § 1)

During normal conditions and advisory conditions, water users should follow the voluntary conservation measures as found in the water conservation policy adopted by Citizens Energy Group.

(G.O. 15, 2009, § 1; G.O. 36, 2011, § 24)

(a)

Without disclosing trade secrets or information vital to the security of its water system, Citizens Energy Group shall certify to the department of business and neighborhood services and the mayor a detailed description of the findings, conditions, and other circumstances that support Citizens Energy Group's determination that a water alert, water warning, or water emergency should be declared and the estimated impact of a failure to declare a water alert, water warning, or water emergency and that the certification be posted on Citizens Energy Group/business and neighborhood services websites.

(b)

Upon being notified by Citizens Energy Group that the water system is in a condition of water shortage, the mayor may declare the existence of a water alert, water warning or water emergency, whereupon the respective water conservation measures described in section 706-105 of this chapter shall apply until the water alert, warning or emergency is terminated. Whenever the mayor finds that some or all of the conditions that gave rise to the declaration of a water alert, water warning or water emergency no longer exist, the mayor may declare the water alert, water warning or water emergency terminated.

(c)

Notice of the declaration or termination of a water alert, water warning or water emergency shall be made by publication in a newspaper of general circulation. Notice shall be deemed effective upon publication.

(G.O. 15, 2009, § 1; G.O. 36, 2011, § 24; G.O. 24, 2013, § 1; G.O. 41, 2016, § 2)

(a)

During a water alert it shall be unlawful for a water user to cause, permit, allow, or engage in the sprinkling, watering, or irrigating of grass more than two (2) days per week. Water users with odd number property addresses may sprinkle, water, or irrigate grass on Monday and Thursday. Water users with even number property addresses may sprinkle, water, or irrigate grass on Tuesday and Friday. No sprinkling, water, or irrigating of grass shall be permitted by any water user on Sunday, Wednesday or Saturday.

(b)

During a water warning, it shall be unlawful for a water user to cause, permit, allow, or engage in the sprinkling, watering, or irrigating of grass; provided, however, that vegetable gardens, flower gardens, and trees less than three (3) years old may be watered every other day by container, hand held hose equipped with a shut-off nozzle, or drip irrigation system.

(c)

During a water emergency, it shall be unlawful for a water user to cause, permit, allow, or engage in any of the following actions:

(1)

Outdoor watering, including but not limited to the sprinkling, watering, or irrigating of grass; provided, however, that vegetable gardens, flower gardens, and trees less than three (3) years old may be watered every other day by container, hand held hose equipped with a shut off nozzle, or drip irrigation system;

(2)

Washing cars, trucks, trailers, mobile homes, railroad cars or any other type of mobile equipment, except as required by applicable local, state, or federal law for health or safety reasons;

(3)

Using water to clean sidewalks, driveways, paved areas, structures, buildings, or other outdoor surfaces;

(4)

Filling empty swimming pools with water from Citizens Energy Group;

(5)

Using hydrants except for fire suppression or as otherwise directed by Citizens Energy Group; and

(6)

Operating water fountains that are non-recycling.

(d)

The following water users and water uses shall be exempt from the prohibitions contained in subsections (a), (b), and (c) of this section:

(1)

Nurseries, provided water use is limited to the amount essential to preserve inventories; and

(2)

Any activity associated with the installation, repair, testing, or maintenance of an irrigation system.

(e)

The following water users and water uses may be exempted by the mayor from the prohibitions contained in subsections (a), (b), and (c) of this section:

(1)

Automatic commercial car washes, including but not limited to automatic car washes operating within car dealerships, provided a majority of the water used is recycled;

(2)

Manual commercial car washes, including but not limited to manual car washes operating within car dealerships, provided only a handheld hose equipped with a shut-off nozzle is utilized;

(3)

Golf courses, provided that documented measures are taken to preserve the use of water, only watering tee boxes, greens, and fairways in the manner most efficient for the course;

(4)

Any watering of property owned or controlled by the department of parks and recreation, the department of public works, the capital improvement board, or the City of Indianapolis (pursuant to the city's heat relief plan) as directed by the mayor where such watering is necessary or appropriate for asset preservation;

(5)

Limited watering of in-season athletic fields for public safety, health, or welfare purposes;

(6)

Limited watering of new lawns or landscaping for construction projects with building permits issued by the department of business and neighborhood services prior to the declaration of such water alert, warning, or emergency; and

(7)

Limited use of splash pad recreational watering systems or small temporary pools that have been filled by hand.

(f)

The department of business and neighborhood services shall have the authority to promulgate regulations related to the operation of the exceptions listed above.

(G.O. 15, 2009, § 1; G.O. 36, 2011, § 24; G.O. 24, 2013, § 1; G.O. 41, 2016, § 2)

(a)

Each customer shall be responsible for compliance with section 706-105 of this chapter with respect to the premises where the customer receives water service. If the identity of the water user cannot be ascertained, the customer shall be prima facie liable for violations that occur on such premises.

(b)

A person's first and second violations of section 703-105 in any twelve-month period shall be subject to an admission of violation and payment of the designated civil penalty through the ordinance violations bureau in accordance with chapter 103, article III, of the Code.

(c)

With respect to violations not resolved under chapter 103, article III, of the Code, including a person's third and subsequent violations of section 703-105 in a twelve-month period, the department of business and neighborhood services may refer the matter to the city prosecutor to file an enforcement action in court, or issue a notice of administrative hearing as provided in chapter 103, article V of the Code. Violations under this subsection are subject to the general penalties provided in section 103-3 of the Code; however, the penalty for each such violation shall not be less than five hundred dollars ($500.00).

(d)

All monies collected from violation of this chapter shall be deposited in the county general fund.

(G.O. 15, 2009, § 1; G.O. 36, 2011, § 24; G.O. 41, 2016, § 2)

This chapter shall be enforced by the department of business and neighborhood services.

(G.O. 15, 2009, § 1; G.O. 36, 2011, § 24; G.O. 41, 2016, § 2)

This chapter is not intended to be, and shall not be, exclusive with respect to any further water conservation measures or the enforcement thereof, as may be adopted by Citizens Energy Group.

(G.O. 36, 2011, § 24)