Subject 391-3-30 DROUGHT MANAGEMENT
To establish rules and regulations relating to drought
management, including: provisions for a drought response committee; drought
indicators and triggers; a drought declaration process; and state and local
predrought mitigation strategies and drought response strategies. Predrought
mitigation strategies are designed to minimize the potential effects of
drought. Drought response strategies include measures or actions to be
implemented during various stages of drought.
When used in this Chapter:
| (1) |
"Affected drought area" means any area
subject to a drought declaration made in accordance with Rule
391-3-30-.05. |
| (2) |
"Director" means the director, or his/her
designee, of the Environmental Protection Division of the Department of Natural
Resources. |
| (3) |
"Division" means the
Environmental Protection Division of the Department of Natural
Resources. |
| (4) |
"Drip irrigation"
means the use of an irrigation system manufactured and sold specifically for
delivering water through small flexible pipes and emitters slowly and directly
to the soil around the base of individual plants in a manner that minimizes
evaporative losses, pooling, runoff and wetting of plant foliage. This type of
system may be part of a larger automated irrigation system or may operate as a
stand-alone system connected to a typical outdoor faucet. |
| (5) |
"Farm uses" means irrigation of any land
used for general farming, forage, aquaculture, pasture, turf production,
orchards, or tree and ornamental nurseries; or provisions of water supply for
farm animals, poultry farming, or any other activity conducted in the course of
a farming operation. Farm uses shall also include the processing of perishable
agricultural products. |
| (6) |
"Permittee" is defined as:
| (a) |
Any person that
holds a water withdrawal permit issued by the Director pursuant to the Georgia
Water Quality Control Act, O.C.G.A. § 12-5-20et
seq.; |
| (b) |
Any person that
holds a water withdrawal permit issued by the Director pursuant to the
Groundwater Use Act, O.C.G.A. § 12-5-90et seq.;
or |
| (c) |
Any person that holds a
permit issued by the Director pursuant to the Georgia Safe Drinking Water Act,
O.C.G.A. § 12-5-170et seq.,
that uses water obtained from any person meeting the criteria in paragraphs (a)
or (b); |
| (d) |
Permittee does not
include any person that holds a water withdrawal permit for farm
uses. |
|
| (7) |
"Public water
system" means a system for the provision to the public of piped water for human
consumption. |
| (8) |
"Soaker hose"
means a hose that is connected to a typical outdoor faucet and that is
manufactured and sold specifically for delivering water slowly and directly to
the soil around the base of individual plants by allowing water to seep from it
in a manner that minimizes evaporative losses, pooling, runoff and wetting of
plant foliage. |
| (1) |
During non-drought periods, irrigation
outdoors for purposes of planting, growing, managing, or maintaining ground
cover, trees, shrubs, or other plants shall be in accordance with O.C.G.A.
§ 12-5-7(a.1)(1) and (2).
| (a) |
Persons may irrigate outdoors daily for
purposes of planting, growing, managing, or maintaining ground cover, trees,
shrubs, or other plants only between the hours of 4:00 p.m. and 10:00
a.m. |
| (b) |
Paragraph (a) shall not
create any limitation upon the following outdoor water uses:
| 1. |
Commercial agricultural operations as
defined in Code Section
1-3-3; |
| 2. |
Capture and reuse of cooling system
condensate or storm water in compliance with applicable local ordinances and
state guidelines; |
| 3. |
Reuse of gray
water in compliance with Code Section
31-3-5.2 and applicable local
board of health regulations adopted pursuant thereto; |
| 4. |
Use of reclaimed waste water by a
designated user from a system permitted by the Environmental Protection
Division of the department to provide reclaimed waste water; |
| 5. |
Irrigation of personal food
gardens; |
| 6. |
Irrigation of new and
replanted plant, seed, or turf in landscapes, golf courses, or sports turf
fields during installation and for a period of 30 days immediately following
the date of installation; |
| 7. |
Drip
irrigation or irrigation using soaker hoses; |
| 8. |
Handwatering with a hose with automatic
cutoff or handheld container; |
| 9. |
Use of water withdrawn from private water wells or surface water by an owner or
operator of property if such well or surface water is on said property;
|
| 10. |
Irrigation of horticultural
crops held for sale, resale, or installation; |
| 11. |
Irrigation of athletic fields, golf
courses, or public turf grass recreational areas; |
| 12. |
Installation, maintenance, or calibration
of irrigation systems; or |
|
| (c) |
Paragraph (a) shall not create any limitation upon outdoor water uses for
purposes other than planting, growing, managing, or maintaining ground cover,
trees, shrubs, or other plants. |
|
| (2) |
The state has already made, and continues
to make, extensive investments in water efficiency since conservation measures
play such an important role in water stewardship. Therefore, with the exception
of the outdoor irrigation requirements in O.C.G.A. § 12-5-7(a.1)(1) and (2) and the
Drought Contingency Plans and Water Conservation Plans required under Rules
391-3-2-.04(11),
391-3-6-.07(4)(b)8,
and 391-3-6-.07(4)(b)
9, this rule does not repeat or modify any
existing predrought mitigation strategy or create any new predrought mitigation
strategies. |
| (1) |
The Director shall monitor climatic
indicators and water supply conditions as needed to assess drought occurrence
and severity, and its impact upon the ability of permittees that are public
water systems to provide adequate supplies of water and avoid or relieve local
water shortages. Such indicators and conditions may include but may not be
limited to the following:
| (f) |
Short Term Climate
Predictions; |
| (g) |
U.S. Drought
Monitor; and |
| (h) |
Water Supply
Conditions. |
|
| (2) |
The
Division shall periodically make available to the public reports of current
climatic indicators. These reports shall be released at least semi-annually;
however, when any area of the state has, for at least two consecutive months,
been under severe or higher intensity drought conditions, as indicated by the
U.S. Drought Monitor, the reports shall be released at least monthly. These
reports shall compare current climatic conditions to historical levels and/or
reservoir rule curves, if appropriate, for each indicator. The Division shall
employ an adaptive approach to these reports, as resources permit, to pursue
improvements to the drought indicators and triggers to make the reports as
effective as possible. These reports shall include, at a minimum, the following
drought indicators:
| (a) |
Precipitation:
Precipitation during the prior 3, 6, and 12 months, compared to the same time
periods historically. |
| (b) |
Streamflow from the following United States Geological Survey gage locations:
Chattooga River at Summerville (02398000), Etowah River at Canton (02392000),
Chestatee River near Dahlonega (02333500), Broad River near Bell (02192000),
Chattahoochee River near Cornelia (02331600), Flint River at GA 26 near
Montezuma (02349605), Oconee River at Dublin (02223500), Ocmulgee River at
Macon (02213000), Ogeechee River near Eden (02202500), Spring Creek near Iron
City (02357000), Ichawaynochaway Creek at Milford (02353500), Alapaha River at
Statenville (02317500), Satilla River near Waycross (02226500). |
| (c) |
Groundwater: CD4 well: 11AA01, CD5 well:
21T001, CD7 wells: 13L180, 12M017, 11K003, 13J004, 12K014, 10G313, 08K001,
08G001, 09F520. |
| (d) |
Reservoir
Levels: Allatoona Lake, Lake Hartwell, Clarks Hill Lake, Lake Lanier. |
|
| (3) |
Permittees that are public
water systems shall notify the Division in writing within 7 days if a trigger
level in the drought contingency plan required by Rules
391-3-2-.04(11)(d)
or 391-3-6-.07(4)(b)9
is surpassed. The notification shall include the relevant drought condition(s)
or event(s) such as streamflow levels, ground water levels, reservoir storage
or levels, system demands, and/or other approved indicator(s) which required
the notification. |
| (4) |
Prior to
making a drought response level declaration pursuant to Rule
391-3-30-.05, except for
non-drought conditions, the Director shall convene a conference call, or
similar communication medium, for all permittees for whom climatic indicators
and water supply conditions are such that the Director is considering making a
drought declaration. Within three business days of the Director's
communication, potentially affected permittees may submit information to the
Division regarding climatic indicators and/or their water supply conditions.
For permittees whose principal source of water supply is surface water, they
may submit a water supply and demand analysis as described in Rule
391-3-30-.08(1)(b). |
| (5) |
During a declared drought pursuant to
Rule 391-3-30-.05,
the Director shall convene a conference call, or similar communication medium,
at least quarterly for all permittees subject to Drought Response Strategies in
the affected drought area(s). The purpose of this communication will be to
review the latest climatic indicators and water supply conditions as they
relate to the permittees. |
| (6) |
Prior to making a drought response level declaration pursuant to Rule
391-3-30-.05, the Director may
consult with state and federal entities charged with collecting, interpreting
and disseminating data used as a basis for developing drought indices. Such
agencies may include but not be limited to the following:
| (b) |
National Oceanic and Atmospheric
Administration; |
| (c) |
United States
Geological Survey; and |
| (d) |
United
States Army Corps of Engineers. |
|
| (1) |
Based upon an evaluation in accordance
with Rule
391-3-30-.04, the Director may
declare non-drought conditions and various drought response levels for the
affected drought area(s). Such declaration shall be based upon the severity of
drought conditions and their impact on the ability of permittees that are
public water systems to provide adequate supplies of water within the affected
drought area(s) and avoid or relieve local water shortages. |
| (2) |
The Director may declare non-drought
conditions and drought response Level 1, 2 or 3, with Level 1 being the least
severe and Level 3 being the most severe drought response level. |
| (3) |
The Director shall designate the
geographical boundary of the affected drought area(s). The geographical
delineation of a drought response level shall be based upon the severity of
climatic indicators and condition of water supplies occurring within all or a
portion of defined hydrologic units, counties or other areas. The drought
response level shall apply to all permittees, except as described in
subparagraph (4), within the affected drought area(s). |
| (4) |
The Director may differentiate between
surface water drought and ground water drought in any affected drought area(s).
|
| (5) |
Upon declaring a drought
response level, including non-drought conditions, the Director shall provide
notice of such declaration to all permittees and the general public within the
affected drought area(s). At a minimum, the Director shall issue a press
release and send each affected permittee a letter which shall include the
drought response level and a summary of the requirements for that particular
drought response level. |
A Drought Response Committee may be convened by the Director
at any time for purposes of consulting on the development and/or implementation
of predrought mitigation strategies or drought response strategies and may
consist of such members and for such period of time as the Director deems
appropriate.
| (1) |
Within 5 days of receipt of notice from
the Division of a drought response level declared pursuant to Rule
391-3-30-.05, each permittee within
an area subject to a drought response level declaration shall implement the
applicable drought response strategies listed below. |
| (2) |
Drought Response Level 1.
| (a) |
Permittees that are public water systems
shall implement a public information campaign that shall include, at a minimum,
public notice regarding drought conditions and drought specific public-service
messages in one or more of the following ways: newspaper advertisements, bill
inserts, website homepage, social media, and notices in public libraries.
|
|
| (3) |
Drought Response
Level 2. During Drought Response Level 2, permittees shall implement all
Drought Response Level 1 measures plus the following additional Drought
Response Level 2 measures:
| (a) |
General Outdoor
Watering. Outdoor irrigation for purposes of planting, growing, managing, or
maintaining ground cover, trees, shrubs, or other plants, as described in Rule
391-3-30-.03(1)(a),
shall be limited to two days a week on an odd-even schedule. Even numbered
addresses may irrigate on Wednesday and Saturday between the hours of 4:00 p.m.
and 10:00 a.m. Odd numbered addresses may irrigate on Thursday and Sunday
between the hours of 4:00 p.m. and 10:00 a.m. "Even numbered address" means an
address number ending with the number 0, 2, 4, 6, 8, or the site does not have
a numbered address. "Odd numbered address" means an address ending with the
number 1, 3, 5, 7, or 9. |
| (b) |
Specific Categories of Outdoor Water Use. The outdoor water uses listed in Rule
391-3-30-.03(1)(b)
shall be allowed. |
| (c) |
The following
outdoor water uses shall not be allowed, except as provided below:
| 1. |
Washing hard surfaces such as streets,
gutters, sidewalks and driveways, except when necessary for public health and
safety; |
| 2. |
Using water for
ornamental purposes, such as fountains, reflecting pools, and
waterfalls; |
| 3. |
Use of fire
hydrants, except for the purposes of firefighting, public health, safety, or
flushing; |
| 4. |
Washing vehicles, such
as cars, boats, trailers, motorbikes, airplanes, or golf carts; |
| 5. |
Non-commercial washing, or pressure
washing, of buildings or structures, except for immediate fire protection;
and |
| 6. |
Charity, or non-commercial
fund-raiser, car washes. |
|
| (d) |
Permittees that are public water systems
shall select and implement four, or more, additional practices from the Drought
Response Strategies Menu in paragraph (5). Such permittees shall submit monthly
reports to the Division by the 10th of each following month detailing the
drought response strategies the system has selected, the extent of
implementation, and enforcement strategy, if applicable. |
|
| (4) |
Drought Response Level 3. During Drought
Response Level 3, permittees shall implement all Drought Response Level 1 and 2
measures plus the following additional Drought Response Level 3 measures:
| (a) |
General Outdoor Watering. Outdoor
irrigation for purposes of planting, growing, managing, or maintaining ground
cover, trees, shrubs, or other plants, as described in Rule
391-3-30-.03(1)(a),
is not permitted. |
| (b) |
Specific
Categories of Outdoor Water Use. The outdoor water uses listed in Rule
391-3-30-.03(1)(b)
shall be allowed, subject to the following additional requirements:
| 1. |
Irrigation of personal food gardens shall
be conducted between the hours of 4:00 p.m. and 10:00 a.m., unless done using
drip irrigation or soaker hoses. Irrigation of personal food gardens using drip
irrigation or soaker hoses may be done at any time; |
| 2. |
Handwatering with a hose with automatic
cutoff or handheld container may be conducted between the hours of 4:00 p.m.
and 10:00 a.m.; |
| 3. |
Irrigation of
athletic fields or public turf grass recreational areas may be conducted
between the hours of 4:00 p.m. and 10:00 a.m., subject to the two days a week
odd-even schedule described in Drought Response Level 2; |
| 4. |
Irrigation of golf courses shall be
conducted in accordance with the "Golf Irrigation Prediction and Estimation
Worksheet" and only between the hours of 4:00 p.m. and 10:00 a.m., provided,
however, irrigation of golf course greens may occur at any time of
day; |
| 5. |
Use of reclaimed waste
water by a designated user from a system permitted by the Division to provide
reclaimed waste water shall not be allowed for general outdoor watering as
described in Rule
391-3-30-.03(1)(a).
It shall be allowed for any use described in Rule
391-3-30-.03(1)(b)
subject to the limitations in Rule 391-3-30-.07(4)(b); |
| 6. |
Installation, maintenance, or calibration
of irrigation systems is allowed, provided thatit is done by professional
landscapers or golf course superintendents. |
|
| (c) |
Permittees that are public water systems
shall implement all practices from the Drought Response Strategies Menu in
paragraph (5). |
| (d) |
Rate Structures.
Within 1 year of the effective date of this Rule, permittees that are public
water systems shall develop a drought surcharge program as a temporary price
incentive for customers to reduce water demand during a declared drought.
Permittees with tiered conservation rates that comply with specific criteria
for tiered conservation rates in the applicable Regional Water Plan are not
required to develop a drought surcharge program. Permittees are not subject to
requirements regarding Rate Structures if they do not serve retail customers.
| 1. |
The drought surcharge program shall meet
the following criteria:
| (i) |
Drought surcharge
rate(s) shall be implemented within 60 days of receipt of drought response
level declaration notice. |
| (ii) |
Drought surcharge rate(s) shall be distinct from established water
rates; |
| (iii) |
Drought surcharge
rate(s) shall apply only to the volumetric water rates; and |
| (iv) |
Drought surcharge rate(s) shall be
approximately revenue neutral relative to non-drought periods. The Division
will give deference to public water systems for their reasonable definition of
revenue neutral. |
| (v) |
The drought
surcharge program is not required to include industrial customers. |
|
| 2. |
Permittees shall be exempted
from the requirement to have drought surcharge rate(s) that are distinct from
established water rates if they demonstrate to the Division that their billing
system is unable to make such distinction. Such permittees shall notify all
affected customers of the drought surcharge rate(s) through a billing insert
whenever the drought surcharge program is initiated. |
| 3. |
Permittees shall be exempted from the
requirement to have drought surcharge rate(s) that apply only to the volumetric
water rates if they demonstrate to the Division that their billing system is
unable to apply a surcharge rate only to the volumetric use of water. |
| 4. |
If the applicable Regional Water Plan does
not have specific criteria for tiered conservation rates then permittees are
exempted from the requirement to develop a drought surcharge program if their
conservation rates are designed and implemented consistent with the Division's
"Conservation-Oriented Rate Structures" guidance dated August 2007 or
Conservation Action Item 5.1 in the Metropolitan North Georgia Water Planning
District's 2009 Water Supply and Water Conservation Plan. |
|
| (e) |
Numeric Water Usage Reduction
Requirements.
| 1. |
The Division may establish
numeric reduction requirements for permittees that are public water systems and
whose monthly average water use is greater than one million gallons per day.
The numeric reduction requirements may vary based on time of year (i.e., warmer
months and cooler months). The Division shall consider economic and climatic
conditions during the baseline period when establishing the numeric reduction
requirements. The Division shall also consider the public water system's
peaking factor or their "Baseline Water Use and Efficiency Profile for Public
Water Systems", if provided to the Division by the public water system, when
establishing the numeric reduction requirements. |
| 2. |
Permittees that are public water systems
and whose industrial customers comprise more than 90 percent of water use shall
be exempt from Numeric Water Usage Reduction Requirements. |
|
|
| (5) |
Drought Response Strategies
Menu.
| (a) |
Public information campaign that
goes significantly beyond the minimum notice and public service messages
associated with Drought Response Level 1; |
| (b) |
Glasses of water provided to restaurant
customers only upon request; |
| (c) |
Distribute retrofit kits and water saving devices to customers. These kits and
devices may include, but not be limited to, shower heads, leak dye tabs, toilet
tank displacement devices, and hose shut off nozzles; |
| (d) |
Technical assistance outreach program to
target high users to identify and/or recommend opportunities to reduce water
usage; |
| (e) |
Reduce system pressure,
unless such reduction would create unsafe water supply conditions; |
| (f) |
Pool cover requirements; |
| (g) |
Implement a drought surcharge program, or
tiered conservation rates, that satisfy the criteria of this rule; |
| (h) |
Suspension of street cleaning
program(s); |
| (i) |
Implement, or
accelerate, leak detection and repair program(s); |
| (j) |
Impose monetary penalties or terminate
water services to customers to reduce outdoor water waste due to excessive
application, outdoor leaks, improper irrigation, or other similar
reasons. |
|
| (6) |
Professional Exemptions. The following commercial outdoor water uses are exempt
from the Outdoor Water Use restrictions of this rule:
| (b) |
Permanent car wash facility, provided
that it is connected to a sanitary sewer system of a political subdivision or
local government authority or recycles used wash water; |
| (d) |
Watering-in of pesticides and herbicides
on turf; and |
| (e) |
Other activities
essential to daily business. |
|
| (1) |
Any application for a variance pursuant
O.C.G.A. § 12-5-7(a)(1) to
impose restrictions on outdoor water use that are more stringent than those
described in this Rule shall provide the following information demonstrating
that the outdoor water use restrictions required by Chapter 391-3-30 will not
avoid or relieve a local water shortage and the degree to which additional
restrictions will avoid or relieve such water shortage:
| (a) |
A statement of which Drought Response
Level (Level 1, Level 2, Level 3, or Level 3 plus) the public water system
seeks to apply, the duration of those restrictions, and a description of why
such restrictions are necessary. For the purposes of this Rule, "Level 3 plus"
means all Level 3 water usage restrictions plus additional restrictions
proposed by the public water system in order to avoid or relieve a local water
shortage. |
| (b) |
For permittees whose
principal source of water is surface water, a water supply and demand analysis
which includes a quantitative analysis of the effect that additional
restrictions will have upon the permittee's source of water in terms of
increased storage or streamflow available to the permittee for each month
during which they will be implemented. The water supply and demand analysis
shall, at a minimum, consist of a 24-month projection of the response of
reservoir storage, or water withdrawals as a percent of streamflow, whichever
is applicable, to demands represented by monthly water use for each month of
the preceding calendar year, assuming calendar year 2007 - 2008 hydrologic
conditions, and shall be conducted in accordance with the "Water Supply and
Demand Analysis Worksheet." |
| (c) |
Quantity estimate of reduced water use on a monthly basis expected from
implementing such restrictions for each month during which they will be
implemented compared to a quantity estimate of reduced water use on a monthly
basis expected from implementing the restrictions otherwise required by Chapter
391-3-30; |
| (d) |
Quantity estimate of
the effect such restrictions will have upon the permittee's source of water in
terms of increased storage or streamflow available to the permittee for each
month during which they will be implemented. |
|
| (2) |
As provided for in O.C.G.A. § 12-5-7(a)(2), a
political subdivision of this state or local government authority shall not be
prohibited from imposing more stringent restrictions on outdoor water use than
those required by Chapter 391-3-30 in case of an emergency which immediately
threatens the public health, safety, or welfare; provided, however, that such
emergency restrictions shall be valid for a period not to exceed seven days
unless a variance is granted by the Director. |
| (3) |
Any application for a variance pursuant
O.C.G.A. § 12-5-7(b)requesting
restrictions on outdoor water use that are less stringent than those described
in this Rule shall provide the following information demonstrating that the
outdoor water use restrictions required by this Rule are not needed to avoid or
relieve a local water shortage:
| (a) |
A
statement of which Drought Response Level (non-drought, Level 1, or Level 2)
the public water system seeks to apply, the duration of the less stringent
restrictions, and a description of why the restrictions described in the Rule
are not necessary. |
| (b) |
For
permittees whose principal source of water is surface water, a water supply and
demand analysis which includes a quantitative analysis of the effect that the
proposed less stringent restrictions will have upon the permittee's source of
water in terms of storage or streamflow available to the permittee for each
month during which they will be implemented. The water supply and demand
analysis shall, at a minimum, consist of a 24-month projection of the response
of reservoir storage, or water withdrawals as a percent of streamflow,
whichever is applicable, to demands represented by monthly water use for each
month of the preceding calendar year, assuming calendar year 2007 - 2008
hydrologic conditions, and shall be conducted in accordance with the "Water
Supply and Demand Analysis Worksheet." |
| (c) |
Permittees whose water supply is obtained
in whole or in part from storage in or releases from any project owned and
operated by the United States Army Corps of Engineers may request a variance
requesting restrictions on outdoor water use that are less stringent than those
described in this Rule. However, for permittees that get more than 25 percent
of their water supply from such projects, because these permittees have little
control over the management of their water supply source, there shall be a
rebuttable presumption that such variance requests should be denied by the
Director. |
|
| (4) |
Upon
consideration of the "good cause" showing required in subsections
391-3-30-.08(1) or (3) of these
Rules, as provided for in O.C.G.A. § 12-5-7(c), the
Director shall render a decision on an application for a variance within five
business days after receipt thereof and grant a variance to the applicant of
the restrictions required by this Rule if the applicant has provided sufficient
evidence to support a reasonable conclusion that a variance is
warranted. |
| (5) |
In order to provide
for efficient implementation of the variance program and to facilitate
effective communication to the media and the public regarding drought
requirements, it is necessary and appropriate that variance requests be
consistent with the framework of the Rule. Therefore, variance requests are
limited to the Drought Response Levels (non-drought, Level 1, Level 2, Level 3,
or Level 3 plus), and their corresponding Drought Response Strategies, as
articulated in the rule. |
