(a)
In order to conserve the available water supply and protect the integrity
of water supply facilities, with particular regard for domestic water
use, sanitation, and fire protection, and to protect and preserve
public health, welfare, and safety and minimize the adverse impacts
of water supply shortage or other water supply emergency conditions,
the town hereby adopts the following regulations and restrictions
on the delivery and consumption of water.
(b)
Water uses regulated or prohibited under this water conservation and drought contingency plan (the “plan”) are considered to be nonessential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in section 12.08.009 of this plan.
(Ordinance 16-0609B adopted 6/9/16)
(a)
The town will periodically provide the public with information about
the plan, including information about the conditions under which each
stage of the plan is to be initiated or terminated and the measures
to be implemented in each stage. This information will be provided
by the director of public works through ongoing programs designed
to reach a wide variety of customers. These ongoing programs include
public outreach to schools, civic groups, and other adult and child
groups. The director of public works will distribute conservation
and drought response brochures, and provide them to the general public.
The town website will be used to educate the public on conservation,
and drought response, as well as other topics affecting water use
practices.
(b)
At any time this plan is initiated or terminated, the director of
public works or his/her designee shall notify the public by means
of publication in a newspaper of general circulation, publication
on the town’s website, signs posted in public places, and take-home
fliers at schools. Additionally, the director of public works or his/her
designee shall directly notify the mayor and members of the town council,
the fire chief, the police chief, major water users, and any critical
water users (i.e. hospitals).
(Ordinance 16-0609B adopted 6/9/16)
The service area of the town is located within region C water
planning group. A copy of the plan has been submitted to the region
C group. Because a portion of the water supply is provided by Texas
Regional Water District (“TRWD”), a copy of the plan has
been provided to them as well.
(Ordinance 16-0609B adopted 6/9/16)
The director of public works, or his/her designee is hereby
authorized and directed to implement the applicable provisions of
this plan upon determination that such implementation is necessary
to protect public health, safety, and welfare. The mayor or his/her
designee shall have the authority to initiate or terminate drought
or other water supply emergency response measures as described in
this plan.
(Ordinance 16-0609B adopted 6/9/16)
The provisions of this plan shall apply to all persons, customers,
and property utilizing water provided retail by the town. The terms
“person” and “customer” as used in the plan
include individuals, corporations, partnerships, associations and
all other legal entities.
(Ordinance 16-0609B adopted 6/9/16)
For the purposes of this plan, the following definitions shall
apply:
Water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
Specific areas with unique and distinct water service delivery
and characteristics, such as groundwater supplied and treated surface
water supplied.
Water use which is integral to the operations of commercial
and nonprofit establishments and governmental entities, such as retail
establishments, hotels and motels, restaurants, and office buildings.
Those practices, techniques, and technologies that reduce
the consumption of water, reduce the loss or waste of water, improve
the efficiency in the use of water or increase the recycling and reuse
of water so that a supply is conserved and made available for fixture
or alternative uses.
Any person, company, or organization using water supplied
by the town.
The director of public works of the town or his/her duly
authorized designee responsible for the town’s water.
Water use for personal needs or for household or sanitary
purposes such as drinking, bathing, heating, cooking, sanitation,
or for cleaning a residence, business, industry, or institution.
Generally a lack of adequate water to supply needs or replenish
supplies used.
Water used for the irrigation and maintenance of landscaped
areas, whether publicly or privately owned, including residential
and commercial lawns, gardens, golf courses, parks, and rights-of-way
and medians.
The mayor of the Town of Northlake or his/her duly authorized
designee.
Water uses that are not essential or required for the protection
of public health, safety, and welfare, including:
Irrigation of landscape areas, including parks, athletic
fields, and golf courses, except otherwise provided by this plan;
Use of water to wash any motor vehicle, motorbike, boat,
trailer, airplane or other vehicle;
Use of water to wash down any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas;
Use of water to wash down buildings or structures for purposes
other than the immediate fire protection;
Flushing gutters or permitting water to run or accumulate
in any gutter or street;
Use of water to fill, refill, or add to any indoor or outdoor
swimming pools or Jacuzzi-type pools;
Use of water in a fountain or pond for aesthetic or scenic
purposes, except where necessary to support aquatic life;
Failure to repair a controllable leak(s) within a reasonable
period after having been given notice directing the repair of such
leak(s); and
Use of water from hydrants for construction purposes or any
other purposes other than firefighting.
Any person, entity, firm, partnership, association, corporation,
company or organization of any kind.
Limits the amount of water that can be used.
Limit how and when water may be used.
The town secretary of the Town of Northlake or his/her duly
authorized designee.
Water taken from any public water supply or distribution
system within the boundaries of the town, potable or nonpotable, and
means either raw or potable water.
(Ordinance 16-0609B adopted 6/9/16)
(a)
Monitoring.
All relevant components of the town water
system will be monitored to ensure timely response to water situations.
The TRWD will monitor water supply and raw water delivery trends and
potential system constraints. The director of public works will monitor
supply, treatment and distribution system trends and potential constraints.
Should trends show that any system is approaching trigger levels,
more detailed monitoring will be implemented. At a minimum, during
noncritical water supply periods, the monitoring and trending will
take place monthly. During critical water supply periods the monitoring
and trending will take place at least weekly, and if determined necessary,
monitored even more frequently.
(b)
Initiation of drought response.
When emergency or trigger conditions occur, the director of public works or his/her designee shall make recommendations to the mayor of the appropriate stage of the plan to order. The mayor shall have the authority to initiate or terminate the appropriate drought response stage. Notification of the public will occur as set forth in section 12.08.002(b) above.
(c)
Criteria.
Meeting or exceeding one or more trigger conditions
will be sufficient cause to initiate corresponding plan stage. The
director of public works or his/her designee may recommend that a
stage not be initiated under these circumstances. Factors which may
influence the recommendation and the mayor’s decision include,
but are not limited to, the time of the year, weather conditions,
anticipation of replenished water supplies, or anticipation that facilities
will be placed online to serve demand.
(d)
Notification.
The town will notify the executive director
of the Texas Commission on Environmental Quality (TCEQ) within 5 business
day of the implementation of any mandatory provisions of the emergency
water management plan.
(e)
Termination of drought response.
Termination of the drought measure will be announced and the public notified as set forth in section 12.08.002(b) above when all of the triggering conditions that initiated the drought measures have ceased to exist for a period of three (3) days.
(Ordinance 16-0609B adopted 6/9/16)
(a)
Yearround, water awareness.
(1)
Actions available.
Applied locally or to all customers,
as necessary some or all may be initiated by the town:
(A)
Water customers requested to voluntarily reduce water use, to practice
water conservation and to minimize water use for nonessential purposes.
(B)
Initiate public information efforts to teach and encourage reduced
water use.
(C)
Limit landscaping watering at each service address to 3 times per
week The mayor in consultation with the director will develop a watering
schedule to take into account areas of water service within the town
while adhering to the 3 times per week watering schedule.
(D)
Require the public not to water between the hours of 10:00 am. to
6:00 p.m. for efficient use of irrigation water.
(E)
Prior to filling any pool in excess of 10,000 gallons capacity (aboveground
or in-ground), the owner or the owner’s representative shall
apply for a scheduled filling date(s) and time with the director of
public works. In establishing pool filling date(s) and time, the director
of public works shall inspect the water level of the town’s
domestic water storage tanks to ensure that sufficient water storage
is on hand.
(b)
Stage 1, water watch.
(1)
Triggering criteria.
(A)
The water available to the town is equal to or less than 75% of storage;
(B)
Demand exceeds 80% of deliverable capacity for 3 consecutive days;
(C)
Water demand equals a reduced delivery capacity for all or part of
the system due to supply or production capacity limitations including
contamination of the system; or
(D)
Pursuant to the requirements of any wholesale water purchase contract,
notification is received requesting initiation of stage 1 of the plan.
(2)
Actions available.
Applied locally or all customers,
as necessary, some or all may be initiated by the town:
(A)
Initiate emergency engineering studies to evaluate alternatives should
conditions worsen.
(B)
Continue public information efforts regarding water supply conditions
and conservation efforts.
(C)
Begin mandatory water use restrictions as follows:
(i)
Prohibit hosing off of sidewalks, driveways, parking lots, paved
areas, tennis courts, or other hard-surfaced areas;
(ii)
Prohibit wash down of buildings, windows or structures, other
than for fire protection;
(iii)
Operation of any ornamental fountain or pond for aesthetic or
scenic purposes is prohibited, except where necessary to support aquatic
life or where such fountains or ponds are equipped with a recirculation
system;
(iv)
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle is prohibited except on designated watering
days between the hours of 12:00 midnight and 10:00 a.m. and between
8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be
done with a handheld bucket or a handheld hose equipped with a positive
shutoff nozzle for quick rinses. Vehicle washing may be done at any
time on the immediate premises of a commercial carwash or commercial
service station. Further, such washing may be exempted from these
regulations if the health, safety, and welfare of the public is contingent
upon frequent vehicle cleansing, such as garbage trucks and vehicles
used to transport food and perishables;
(v)
Prohibit the flushing of gutters;
(vi)
Use of water to fill, refill, or add to any indoor or outdoor
swimming pools, wading pools, or Jacuzzi-type pools is prohibited,
except on designated watering days between the hours of 12:00 midnight
and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight;
(vii)
Use of water from hydrants shall be limited to firefighting,
related activities, or other activities necessary to maintain public
health, safety, and welfare, except that use of water from designated
fire hydrants for construction purposes may be allowed under special
permit from the town;
(viii)
Use of water for the irrigation of golf course
greens, tees, and fairways is prohibited except on designated watering
days between the hours 12:00 midnight and 10:00 am. and between 8:00
p.m. and 12:00 midnight. However, if the golf course utilizes a water
source other than that provided by the town, the facility shall not
be subject to these regulations;
(ix)
All restaurants are prohibited from serving water to patrons
except upon request of the patron;
(x)
Prohibit using water for dust control or in such a manner as
to allow runoff or other water wastes;
(xi)
Limit landscaping watering at each service address to twice
every week based on the last digit of the address per the schedule
below:
|
Last Digit of Address
|
Allowed Water Days
|
|---|---|
|
Even - Residential
|
Wednesday and Saturday
|
|
Odd - Residential
|
Thursday and Sunday
|
|
All - Commercial
|
Tuesday and Friday
|
(xii)
No watering will be allowed on Monday;
(xiii)
The mayor in consultation with the director
of public works may modify the above watering schedule to take into
account areas of water service within the town while adhering to the
twice weekly watering schedule.
(xiv)
Require the public not to water between the hours of 10:00 a.m.
to 6:00 p.m. for efficient use of irrigation water; and
(xv)
The lowest address number will identify apartments, office building
complexes or other property containing multiple addresses. Where there
are no numbers, a number will be assigned by the director of public
works. These restrictions also apply to government facilities.
(D)
Exceptions to the above mandatory water use restrictions: Foundations
and new plantings (first year) of trees and shrubs may be watered
with a handheld or soaker hose on any day for up to 2 hours; nurseries
may water plant stock only; public gardens may water without restrictions.
Handheld watering by hose with automatic shutoff valve or by bucket
may be done on any day. Restrictions do not apply to any location
using private wells or wastewater effluent for irrigation.
(E)
A 10% rate increase shall be initiated for high water usage (commercial
irrigation or residential meters with readings greater than 45,000
gallons per month, per account).
(F)
Require a reduction by area governmental agencies of nonessential
water use and a reduction in landscape watering.
(G)
Encourage public to delay until the emergency water situation has
passed to establish new landscaping.
(H)
Prohibit draining and refilling of existing pools and filling of
new pools. Existing commercial, public and private swimming pools
that are filled may add water to replace that lost during daily use.
(3)
Termination.
All initiated measures will remain in effect
until all of the conditions that triggered stage 1 have ceased to
exist for a period of 3 consecutive days or until such time as the
director of public works has determined that necessity for the initiated
actions no longer exists. If stage 1 is initiated because of excessive
demands, all initiated actions will remain in effect through September
30th or until the mayor determines that these measures are no longer
required.
(c)
Stage 2, water warning.
(1)
Triggering criteria.
(A)
The water available to the town is equal to or less than 60% of usable
storage;
(B)
Demand exceeds 85% of deliverable capacity for 3 consecutive days;
(C)
Water demand exceeds a reduced delivery capacity for all or part
of the system due to supply or production capacity limitations including
contamination of the system; or
(D)
Pursuant to the requirements of any wholesale water purchase contract,
notification is received requesting initiation of stage 2 of the plan.
(2)
Actions available.
Applied locally or to all customers,
as necessary; some or all may be initiated:
(A)
Implement recommended engineering alternatives.
(B)
Continue implementation of all restrictions from previous stages.
(C)
Begin additional mandatory water use restrictions as follows:
(i)
Prohibit residential or commercial landscape watering and carwashing
between the hours of 10:00 a.m. and 6:00 p.m.
(ii)
Limit landscaping watering at each service address to once every
week based on the last digit of the address per the schedule below:
|
Last Digit of Address
|
Allowed Water Days
|
|---|---|
|
Even - Residential
|
Saturday
|
|
Odd - Residential
|
Thursday
|
|
All - Commercial
|
Tuesday
|
(iii)
No watering will be allowed on Monday, Wednesday, Friday and
Sunday.
(iv)
The mayor in consultation with the director may modify the above
watering schedule to take into account areas of water service within
the town while adhering to the once weekly watering schedule.
(v)
A 20% rate increase shall be initiated for high water usage
(commercial irrigation or residential meters with readings greater
than 45,000 gallons per month, per account).
(vi)
Foundations, shrubs, and trees may be watered with soaker or handheld hose on the same weekly basis as landscapes (set forth in subsection (c)(2)(C) above) for up to two hours.
(vii)
Public gardens may water, but not between the hours of 10:00
a.m. and 6:00 p.m.
(viii)
Nurseries may water plant stock, but not between
the hours of 10:00 a.m. and 6:00 p.m.
(ix)
No new landscaping may be established during this period.
(x)
No refilling of private pools. Commercial and public pools may
refill water lost from normal daily use.
(3)
Termination.
All initiated actions will remain in effect
until all of the conditions that triggered stage 2 have ceased to
exist for a period of 3 consecutive days or until such time as the
director of public works has determined that necessity for the initiated
actions no longer exists. If stage 3 is initiated because of excessive
demands, all initiated actions will remain in effect through September
30th or until the mayor determines that these measures are no longer
required.
(d)
Stage 3, water emergency.
(1)
Triggering criteria.
(A)
The water available to the town is equal to or less than 45% of storage;
(B)
Demand exceeds 90% of deliverable capacity for 3 consecutive days;
(C)
Water demand seriously exceeds a reduced delivery capacity for all
or part of the system due to supply or production capacity limitations
including contamination of the system; or
(D)
Pursuant to the requirements of any wholesale water purchase contract,
notification is received requesting initiation of stage 4 of the plan.
(2)
Actions available.
Applied locally or to all customers,
as necessary; some or all may be initiated:
(A)
Continue implementation of all restrictions from previous stages.
(B)
Begin additional mandatory water use restrictions as follows:
(i)
Prohibit residential and commercial landscape watering, with
the following exceptions:
a.
Nurseries’ plant stock may be watered, but not between the hours of 10:00 a.m. and 6:00 p.m. All watering must adhere to the weekly landscape watering schedule of subsection (c)(2)(C).
b.
Public gardens may water, but not between the hours of 10:00 a.m. and 6:00 p.m. All watering must adhere to the weekly landscape watering schedule of subsection (c)(2)(C).
c.
Foundations may be watered for a two-hour period, but not between the hours of 10:00 a.m. and 6:00 p.m. All watering must adhere to the weekly landscape watering schedule of subsection (c)(2)(C), and must be done with a soaker hose or a handheld hose with an automatic shut-off valve.
d.
Any location using groundwater or wastewater effluent for irrigation.
e.
A 20% rate increase shall be initiated for high water usage
(commercial irrigation or residential meters with readings greater
than 30,000 gallons per month, per account).
(ii)
Any and all washing of vehicles is prohibited, except vehicles
that need to be washed for health, sanitation, or safety reasons,
such as food carriers. Any vehicle washing must occur at a commercial
carwash or commercial service station with a recirculating water system.
(iii)
No new landscaping may be established during this period.
(iv)
No refilling of private pools. Commercial and public pools may
refill water lost from normal daily use.
(C)
All commercial water uses may be required to reduce water consumption
by a percentage determined by the mayor.
(3)
Termination.
All initiated actions will remain in effect
until all of the conditions that triggered stage 3 have ceased to
exist for a period of 3 consecutive days or until such time as the
director of public works has determined that necessity for the initiated
actions no longer exists. If stage 3 is initiated because of excessive
demands, all initiated actions will remain in effect through September
30th or until the mayor determines that these measures are no longer
required.
(Ordinance 16-0609B adopted 6/9/16; Ordinance 20-1112C, sec. 6, adopted 11/12/20)
(a)
No person shall knowingly or intentionally allow the use of water
from the town for residential, commercial, industrial, agricultural,
governmental, or any other purpose in a manner contrary to any provisions
of this plan, or an amount in excess of that permitted by the drought
response stage in effect at the time pursuant to action taken by the
mayor, or his/her designee, in accordance with provisions of this
plan.
(b)
Any person who violates this plan is guilty of a misdemeanor. Each
day that one or more of the provisions in this plan is violated shall
constitute a separate offense. If a person is convicted of 3 or more
distinct violations of this plan, the director of public works, shall,
upon due notice to the customer, be authorized to discontinue water
service to the premises where the violations occur. Services discontinued
under such circumstances shall be restored only upon payment of reconnection
charge, and any other costs incurred by the town in discontinuing
service. In addition, suitable assurance must be given to the director
of public works that the same action will not be repeated while the
plan is in effect. Compliance with this plan may also be sought through
injunctive relief in the district court.
(c)
Any person, including a person classified as a water customer of
the town, in apparent control of the property where the violation
occurs or originates shall be presumed to be the violator, and proof
that the violation occurred on the person’s property shall constitute
a reputable presumption that the person in apparent control of the
property committed the violation, but any such person shall have the
right to show he/she did not commit the violation. Parents shall be
presumed to be responsible for violations of their minor children
and proof that a violation, committed by a child, occurred on the
property within the parent’s control shall constitute a reputable
presumption that the parent committed the violation, but any such
parent may be excused if he/she proves that he/she had previously
directed the child not to use the water as it was used in violation
of this plan and that the parent could not have reasonably known of
the violation.
(d)
Any employee of the town, police officer, or other employee designated
by the director of public works, may issue a citation to a person
he/she reasonable believes to be in violation of this plan. The citation
shall be prepared in duplicate and shall contain the name and address
of the alleged violator, if known; the offense charged and shall direct
him/her to appear in the municipal court, on the date shown on the
citation.
(Ordinance 16-0609B adopted 6/9/16)
(a)
Any person who maintains or uses private water wells for other than
domestic water use (such as landscape irrigation) is exempt from the
requirements, restrictions and limitations of the water management
stages of this plan. Individuals with private water wells are, however,
encouraged by the town to abide by the plan and its water conservation
goals in order to protect long-term water supplies.
(b)
At any time this plan is initiated, to be entitled to such exemption,
any such person shall be required to post notice of such private water
well use. Each person shall pay for an appropriate sign, which will
be provided by the town indicating a private water well supply. The
sign shall be placed in the yard in close proximity to the town’s
water meter indicating private water well use until such time as the
plan has been terminated.
(c)
Private well owners must register their well and type of well with
the public works department.
(d)
Failure to post the required sign or to register any private well
during stage 2 through stage 4 water management stages, shall result
in the loss of the exemption from the landscaping water requirements.
(e)
This provision only applies to owners of private water wells that
are also town water customers with a water meter and account with
the town.
(Ordinance 16-0609B adopted 6/9/16)
(a)
The director of public works, or his/her designee, may, in writing,
grant temporary variance for existing water uses otherwise prohibited
under this plan, if it is determined that failure to grant such variance
would cause an emergency condition adversely affecting the health,
sanitation, or fire for the public or the person requesting such variance
and if one or more of the following conditions are met:
(b)
Persons requesting an exemption from the provisions of this plan
shall file a petition for variance with the town within 5 days after
the plan for a particular drought response stage has been invoked.
All petitions for variances shall be reviewed by the director of public
works, or his/her designee, and shall include the following:
(1)
Name and address of the petitioner(s).
(2)
Purpose of water use.
(3)
Specific provision(s) of the plan from which the petitioner is requesting
relief.
(4)
Detailed statement as to how the specific provision of the plan adversely
affected the petitioner or what damage or harm will occur to the petitioner
or others if the petitioner complies with this plan.
(5)
Description of the relief requested.
(6)
Period of time for which the variance is sought.
(7)
Alternative water use restrictions or other measures the petitioner
is taking or proposes to take to meet the intent of this plan and
the compliance date.
(8)
Other pertinent information.
(c)
Variances wanted by the town shall be subject to the following conditions
unless waived or modified by the director of public works:
(d)
No variance shall be retroactive or otherwise justify any violation
of the plan occurring prior to the issuance of the variance.
(Ordinance 16-0609B adopted 6/9/16)
“Water wasting” means to permit or cause water flow, spray, or otherwise move or discharge water from the premises to or upon the street, alley, or public right-of-way, ditch or drain, or failing to repair a leak in a private plumbing system or in an irrigation system within 5 working days of the discovery or notification of such. Any violation of this section is punishable as set forth in the general penalty provision found in section 1.01.009 of this code.
(Ordinance 16-0609B adopted 6/9/16)
