BRUNSWICK COUNTY — Brunswick County officials unanimously approved revisions to the county’s Water Shortage Response Plan on Monday, aiming for a more gradual approach to water restrictions while preserving stricter measures if drought conditions worsen. Though it didn’t come without some debate over fines, contractor water usage and the implementation of more effluent use.
Public utilities director John Nichols explained staff revises its four-stage Water Storage Response Plan periodically, but began reassessing it recently as the county is in a D3 drought, considered extreme. The plan dictates how Brunswick County will deal with water capacity during a drought and other events that result in a shortage of potable water — or water treated for human consumption.
While stage one allows customers to voluntarily minimize nonessential water usage — like watering lawns, plants or running irrigation systems — stages two through four require mandatory action to cut back usage or receive fines.
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Officials wanted to give a more phased approach to stage two. Nichols said they wanted their plan to align with the state and focus on allowing automatic irrigation systems during certain hours in stage two but also use penalties more strategically to thwart violations.
“We want to do more public education and issue fines with noncompliance before we go to stage three,” Nichols explained, noting stage three takes effect when 90% or more water capacity is reached five days in a row. “See if we can get compliance before we outlaw all irrigation.”
Changes made Monday don’t affect the current stage Brunswick County is in. The county is at a stage two conservation alert, meaning more than 90% total water capacity has been reached for three days in a row. The goal in stage two is to bring water usage down by 10% from baseline conditions.
Water customers that don’t follow guidelines for nonessential water usage will be fined. They’re allowed irrigation at odd-numbered addresses from 8 p.m. to 4 a.m. on Tuesday, Thursday and Saturday, and irrigation for even-numbered addresses also 8 p.m. to 4 a.m. on Wednesday, Friday and Sunday; Monday irrigation is prohibited.
Breaking the rules will prompt a $50 fee for the first offense, $200 for second, and $300 and water disconnection for third. Any subsequent offenses would be up to the director’s discretion and could cost $5,000 or more.
Stage three automatically kicks in if the North Carolina Drought Management Advisory Council designates Brunswick County in a D4 exceptional drought or if staff deem it necessary due to insufficient water supply. The goal then is to reduce water use by 20%.
Commissioner Randy Thompson believed a move into a stage three water conservation alert should be something commissioners have a say over.
“We should consider if a state of emergency isn’t needed at that point to require state resources,” he said, noting it’s in line with public safety. “This time around with the drought it’s making this particular moment more critical than what we have seen in previous years.”
In stage three, outdoor irrigation is prohibited except in certain instances, such as if wastewater effluent treatment systems are used or to water food gardens less than a quarter of an acre between 8 p.m. and 4 a.m, among others.
Thompson took issue with one exemption: maintaining landscapes, lawns, and erosion control projects that have been newly installed and remain under warranty.
“If I were reading this as a contractor who put in 12 new lawns, then I’m OK to [water] whenever I want to,” he surmised. “Maybe that needs something that says 8 p.m. to 4 a.m., too.”
Nichols clarified it would only be people with new sod that prove the warranty went into effect before the water conservation alert was put into place; any installations ordered during an alert would not be covered.
Commissioner Frank Williams sided with property owners who are given contradictory advice from a homeowners association and utility company. For instance, he pointed to notices received from an HOA indicating brown sod spots needed to be corrected by the homeowner within 30 days to avoid a fine, but a week later a utility may require ceasing all irrigation under a water conservation alert.
“Certainly, we want to maintain a proper level of restriction, but I also see it from somebody who just spent $1,000 to get their yard redone,” Williams said. “They probably don’t want to have to spend that again unless the person putting on those restrictions is gonna cover them.”
Fines escalate under stage three offenses: $100 for first, $400 for second, $600 for third and any thereafter could again be $5,000 or more depending on director’s discretion.
Thompson also centered complaints against developers who may have been utilizing water when they shouldn’t have and indicated the county received complaints.
“For us to receive pictures of contractors loading up tankers of water to go spray on dirt. You know, to me, if they’re caught, they should get at least three days or a weekend in the Chism Hotel, in my opinion, along with a fine,” he said, referring to Sheriff Brian Chism and the Brunswick County Detention Center. “The minute you put one in jail, I don’t think you’ll continue to have the same problem from developers.”
Nichols confirmed pictures received were actually taken before a mandatory water alert was in place, but since June 26, when the stage 2 water conservation alert went into effect, the county hadn’t received other complaints of that caliber. He did mention bulk water users or fire hydrants activated to spray out dust also remain prohibited except for firefighting or safety needs in stage 2 and if someone violates those offenses, officials have to catch them in the act.
“But if we see it and have to investigate and if it’s noncompliant, we will fine them per state laws that don’t allow theft of water and we will pursue it under those laws,” Nichols promised.
Otherwise, the Brunswick County utility has an advanced water meter system to determine when customers use water. If the meter shows noncompliance during set time periods of a conservation alert, warnings will be mailed first.
“We would assess the fine on their bill,” Nichols further explained.
“My opinion is it needs more teeth,” Thompson said of the Water Storage Usage Plan, again pointing to developers but also wanting commissioners to be more accountable to vote the plan into stage three.
In reference to large water applications, Nichols said staff were researching effluent use in more areas. Effluent is discharged wastewater that undergoes treatment for nonpotable reuse. Golf courses like St. James use it for irrigation, as do some agricultural businesses for non-harvested plants — or cover crops.
“Why can’t we provide free effluent to contractors?” Thompson asked.
“I would very much like to do it,” Nichols replied, noting it’s being researched since it’s not allowed under Brunswick County’s current wastewater permit.
Staff has reached out to the North Carolina Department of Environmental Quality and others to modify the wastewater treatment plan permit and undergo necessary steps to provide effluent for other uses. It would require bringing back an ordinance to commissioners to approve.
“Can our legislators help?” Thompson suggested of expediting the process.
“Even without a drought, if they can take tankers of effluent, we have fixed another problem,” Chair Mike Forte said about capacity. “Even in the future.”
Williams put forth a motion to pass the updated Water Storage Response Plan but requested staff bring it back for more discussion and updates, particularly on the permitting needed for expanded effluent use and commissioners oversight.
It passed 4-0 from Thompson, Williams, Forte and Marty Cooke; Pat Sykes was absent.
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