(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 city hereby adopts the following regulations and restrictions
on the delivery and consumption of water.
(b)
Water uses regulated or prohibited under this drought contingency plan are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition is deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in section 22.06.010 of this plan.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(a))
Opportunity for the public to provide input into the preparation
of the plan was provided by the city by means of providing a public
meeting to provide opportunity to allow public input. The meeting
was publicly announced through the Beaumont Enterprise. The notice
for the meeting was posted at City Hall, 801 Main St., and the meeting
was held July 31, 2001.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(b))
The city 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 drought
response measures to be implemented in each stage. This information
will be provided by means of television announcements, press releases
and utility bill flyers.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(c))
The service area of the city is located within the Region I
regional water planning area and the city has provided a copy of this
plan to Region I.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(d))
The city manager, 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 city manager, 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 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(e))
The provisions of this plan shall apply to all persons, customers,
and property utilizing water provided by the city. The terms “person”
and “customer” as used in the plan include individuals,
corporations, partnerships, associations, and all other legal entities.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(f))
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.
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 future
or alternative uses.
Any person, company, or organization using water supplied
by the city.
Water use for personal needs or for household or sanitary
purposes such as drinking, bathing, heating, cooking, and sanitation,
or for cleaning a residence, business, industry, or institution.
Street addresses, box numbers, or rural postal route numbers
ending in 0, 2, 4, 6, or 8, and locations without addresses.
The use of water in processes designed to convert materials
of lower value into forms having greater usability and value.
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.
Water uses that are not essential nor required for the protection
of public, health, safety, and welfare, including:
Irrigation of landscape areas, including parks, athletic fields,
and golf courses, except as otherwise provided under 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 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.
Street addresses, box numbers, or rural postal route numbers
ending in 1, 3, 5, 7, or 9.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(g))
The city manager, or his/her designee, shall monitor water supply
and/or demand conditions on a daily basis and shall determine when
conditions warrant initiation or termination of each stage of the
plan, that is, when the specified “triggers” are reached.
The triggering criteria described below are based on known system
capacity limits. Future improvements to the city’s water system
will increase capacity and this plan will be modified to reflect the
system’s upgraded capacity.
(1)
Stage 1 triggers–Mild water shortage conditions.
(A)
Requirements for initiation.
Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses defined in section 22.06.007 of this article (definitions) when total daily water demand equals or exceeds thirty-seven million (37,000,000) gallons for three (3) consecutive days or thirty-eight million (38,000,000) gallons on a single day (e.g., based on the “safe” operating capacity of water supply facilities).
(B)
Requirements for termination.
Stage 1 of the plan may
be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of three (3) consecutive days.
(2)
Stage 2 triggers–Moderate water shortage conditions.
(A)
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in section 22.06.009 of this plan when the total daily water demand equals or exceeds thirty-eight million (38,000,000) gallons for three (3) consecutive days or thirty-nine million (39,000,000) gallons on a single day.
(B)
Requirements for termination.
Stage 2 of the plan may
be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of three (3) consecutive days. Upon
termination of stage 2, stage 1 becomes operative.
(3)
Stage 3 triggers–Severe water shortage conditions.
(A)
Requirements for initiation.
Customers shall be required
to comply with the requirements and restrictions on certain non-essential
water uses for stage 3 of this plan when the total daily water demand
equals or exceeds thirty-nine million (39,000,000) gallons for three
(3) consecutive days or forty million (40,000,000) gallons on a single
day.
(B)
Requirements for termination.
Stage 3 of the plan may
be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of three (3) consecutive days. Upon
termination of stage 3, stage 2 becomes operative.
(4)
Stage 4 triggers–Critical water shortage conditions.
(A)
Requirements for initiation.
Customers shall be required
to comply with the requirements and restrictions on certain non-essential
water uses for stage 4 of this plan when the total daily water demand
equals or exceeds forty million (40,000,000) gallons for three (3)
consecutive days or forty-two million (42,000,000) gallons on a single
day.
(B)
Requirements for termination.
Stage 4 of the plan may
be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of two (2) consecutive days. Upon
termination of stage 4, stage 3 becomes operative.
(5)
Stage 5 triggers–Emergency water shortage conditions.
(A)
Requirements for initiation.
Customers shall be required
to comply with the requirements and restrictions for stage 5 of this
plan when the city manager, or his/her designee, determines that a
water supply emergency exists based on:
(B)
Requirements for termination.
Stage 5 of the plan may
be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of three (3) consecutive days.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(h))
(a)
Generally.
The city manager, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in section 22.06.008 of this plan, shall determine that a mild, moderate, severe, critical, emergency or water shortage condition exists and shall implement the following notification procedures:
(2)
Additional notification: The city manager or his/her designee shall
notify directly, or cause to be notified directly, the following individuals
and entities:
(A)
The mayor and members of the city council and the city fire department
(all trigger stages);
(B)
City and/or county emergency management coordinator (trigger stage
3 or above);
(C)
TCEQ (required when mandatory restrictions are imposed) (triggers
4 and 5);
(D)
Major water users (trigger stage 3 and above);
(E)
Critical water users, i.e., hospitals, prisons, etc. (trigger stage
3 and above);
(F)
Parks/street superintendents and public facilities managers (any
trigger stage).
(b)
Stage 1 response–Mild water shortage conditions.
(1)
Goal.
Achieve a voluntary eight (8) percent reduction
in total water demand.
(3)
Voluntary water use restrictions.
(A)
Water customers are requested to voluntarily limit the irrigation
of landscaped areas to Sundays and Thursdays for customers with a
street address ending in an even number (0, 2, 4, 6 or 8), and Saturdays
and Wednesdays for water customers with a street address ending in
an odd number (1, 3, 5, 7 or 9), and to irrigate landscapes only between
the hours of midnight and 10:00 a.m. and 8:00 p.m. to midnight on
designated watering days.
(B)
All operations of the city shall adhere to water use restrictions
prescribed for stage 2 of the plan.
(C)
Water customers are requested to practice water conservation and
to minimize or discontinue water use for non-essential purposes.
(c)
Stage 2 response–Moderate water shortage conditions.
(1)
Goal.
Achieve a ten (10) percent reduction in total
water demand.
(3)
Water use restrictions.
Under threat of penalty for
violation, the following water use restrictions shall apply to all
persons:
(A)
Irrigation of landscaped areas with hose-end sprinklers or automatic
irrigation systems shall be limited to Sundays and Thursdays for customers
with a street address ending in an even number (0, 2, 4, 6 or 8),
and Saturdays and Wednesdays for water customers with a street address
ending in an odd number (1, 3, 5, 7 or 9), and irrigation of landscaped
areas is further limited to the hours of 12:00 midnight until 10:00
a.m. and between 8:00 p.m. and 12:00 midnight on designated watering
days. However, irrigation of landscaped areas is permitted at any
time if it is by means of a hand-held hose, a faucet-filled bucket
or watering can of five (5) gallons or less, or a drip irrigation
system.
(B)
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 hand-held bucket or a hand-held 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.
(C)
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 p.m. and 12:00 midnight.
(D)
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.
(E)
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 city.
(F)
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 a.m. and between 8 p.m. and 12:00
midnight. However, if the golf course utilizes a water source other
than that provided by the city, the facility shall not be subject
to these regulations.
(G)
All restaurants are prohibited from serving water to patrons except
upon request of the patron.
(H)
The following uses of water are defined as non-essential and are
prohibited:
(i)
Wash-down of any sidewalks, walkways, driveways, parking lots,
tennis courts, or other hard-surfaced areas;
(ii)
Use of water to wash down buildings or structures for purposes
other than immediate fire protection;
(iii)
Use of water for dust control;
(iv)
Flushing gutters or permitting water to run or accumulate in
any gutter or street; and
(v)
Failure to repair a controllable leak(s) within a reasonable
period after having been given notice directing the repair of such
leak(s).
(d)
Stage 3 response–Severe water shortage conditions.
(1)
Goal.
Achieve a twelve and one-half (12.5) percent reduction
in total water demand.
(3)
Water use restrictions.
All requirements of stage 2
shall remain in effect during stage 3 except:
(A)
Irrigation of landscaped areas shall be limited to 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 and shall be by means of hand-held hoses,
hand-held buckets, drip irrigation, or permanently installed automatic
sprinkler system only. The use of hose-end sprinklers is prohibited
at all times.
(B)
The watering of golf course tees is prohibited unless the golf course
utilizes a water source other than that provided by the city.
(e)
Stage 4 response–Critical water shortage conditions.
(1)
Goal.
Achieve a fifteen (15) percent reduction in total
water demand.
(2)
Supply management measures.
All measures described in
stages 2 and 3.
(3)
Water use restrictions.
All requirements of stage 2
and 3 shall remain in effect during stage 4 except:
(A)
Irrigation of landscaped areas shall be limited to designated watering
days between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00
p.m. and 12:00 midnight and shall be by means of hand-held hoses,
hand-held buckets, or drip irrigation only. The use of hose-end sprinklers
or permanently installed automatic sprinkler systems is prohibited
at all times.
(B)
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle not occurring on the premises of a commercial
carwash and commercial service stations and not in the immediate interest
of public health, safety, and welfare is prohibited. Further, such
vehicle washing at commercial carwashes and commercial service stations
shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and
between 6:00 p.m. and 10:00 p.m.
(C)
The filling, refilling, or adding of water to swimming pools, wading
pools, and jacuzzi-type pools is prohibited.
(D)
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.
(E)
No application for new, additional, expanded, or increased-in-size
water service connections, meters, service lines, pipeline extensions,
mains, or water service facilities of any kind shall be approved,
and time limits for approval of such applications are hereby suspended
for such time as this drought response stage or a higher-numbered
stage shall be in effect.
(F)
The use of water for construction purposes from designated fire hydrants
under special permit is to be discontinued.
(f)
Stage 5 response–Emergency water shortage conditions.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(i)–(n); Ordinance
08-040, sec. 30, adopted 5/13/08)
(a)
No person shall knowingly or intentionally allow the use of water
from the city for residential, commercial, industrial, agricultural,
governmental, or any other purpose in a manner contrary to any provision
of this plan, or in an amount in excess of that permitted by the drought
response stage in effect at the time pursuant to action taken by the
city manager, or his/her designee, in accordance with provisions of
this plan.
(b)
Any person who violates this plan is guilty of a misdemeanor and,
upon conviction, shall be punished by a fine of not less than two
hundred fifty dollars ($250.00) and not more than two thousand dollars
($2000.00). 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 three (3) or more distinct violations of this plan, the city manager
shall, upon due notice to the customer, be authorized to discontinue
water service to the premises where such violations occur. Services
discontinued under such circumstances shall be restored only upon
payment of a reconnection charge, hereby established at seventy-five
dollars ($75.00), and any other costs incurred by the city in discontinuing
service. In addition, suitable assurance must be given to the city
manager that the same action shall 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 city, in apparent control of the property where a 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 rebuttable presumption that the person in apparent control of the
property committed the violation, but any such person shall have the
right to show that 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 property
within the parents’ control shall constitute a rebuttable 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 city, police officer, or other city employee
designated by the city manager may issue a citation to a person he/she
reasonably believes to be in violation of this article. The citation
shall be prepared in duplicate and shall contain the name and address
of the alleged violator, if known, and the offense charged, and shall
direct him/her to appear in the city municipal court on the date shown
on the citation, for which the date shall not be less than three (3)
days nor more than ten (10) days from the date the citation was issued.
The alleged violator shall be served a copy of the citation. Service
of the citation shall be complete upon delivery of the citation to
the alleged violator, to an agent or employee of a violator, or to
a person over fourteen (14) years of age who is a member of the violator’s
immediate family or is a resident of the violator’s residence.
The alleged violator shall appear in the city municipal court to enter
a plea of guilty or not guilty for the violation of this plan. If
the alleged violator fails to appear in the city municipal court,
a warrant for his/her arrest may be issued. A summons to appear may
be issued in lieu of an arrest warrant. These cases shall be expedited
and given preferential setting in municipal court before all other
cases.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(o))
(a)
The city manager, 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 protection 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 article
shall file a petition for variance with the city within five (5) days
after the plan or a particular drought response stage has been invoked.
All petitions for variances shall be reviewed by the city manager,
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
affects the petitioner or what damage or harm will occur to the petitioner
or others if the petitioner complies with this article.
(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 granted by the city manager shall be subject to the following
conditions, unless waived or modified by the city manager or his/her
designee:
(d)
No variance shall be retroactive or otherwise justify any violation
of this plan occurring prior to the issuance of the variance.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(p))
(a)
Pro rata water allocation.
In the event that the triggering criteria specified in section 22.06.008(3) of the plan for stage 3 severe water shortage conditions have been met, the city manager is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code section 11.039 and according to the following water allocation policies and procedures:
(1)
The city will include a provision in every wholesale water contract
entered into or renewed after adoption of the plan, including contract
extensions, that in case of a shortage of water resulting from drought,
the water to be distributed shall be divided in accordance with Texas
Water Code, §11.039.
(2)
A wholesale customer’s monthly allocation shall be a percentage
of the customer’s water usage baseline. The percentage will
be set by resolution of the city based on the city manager’s
assessment of the severity of the water shortage condition and the
need to curtail water diversions and/or deliveries and may be adjusted
periodically by resolution of the city as conditions warrant. Once
pro rata allocation is in effect, water diversions or by deliveries
to each wholesale customer shall be limited to the allocation established
for each month.
(3)
A monthly water usage allocation shall be established by the city
manager or his/her designee, for each wholesale customer. The wholesale
customer’s water usage baseline will be computed on the average
water usage by month for the 1995–2000 calendar year period.
If the wholesale water customer’s billing history is less than
five (5) years, the monthly average for the period for which there
is a record shall be used for any monthly period for which no billing
history exists.
(4)
The city manager shall provide notice, by certified mail, to each
wholesale customer informing them of their monthly water usage allocations
and shall notify the news media and the executive director of the
TCEQ upon initiation of pro rata water allocation.
(5)
Upon request of the customer or at the initiative of the city manager
the allocation may be reduced or increased if:
(A)
The designated period does not accurately reflect the wholesale customer’s
normal water usage;
(B)
The customer agrees to transfer part of its allocation to another
wholesale customer; or
(C)
Other objective evidence demonstrates that the designated allocation
is inaccurate under present conditions.
A customer may appeal an allocation established hereunder to
the city council.
(b)
Enforcement.
During any period when pro rata allocation
of available water supplies is in effect, wholesale customers shall
pay the following surcharges on excess water diversions and/or deliveries:
(1)
One hundred ten (110) percent of the normal water charge for water
diversions and/or deliveries in excess of the monthly allocation up
through five (5) percent above the monthly allocation.
(2)
One hundred twenty (120) percent of the normal water charge for water
diversions and/or deliveries in excess of the monthly allocation from
five (5) percent through ten (10) percent above the monthly allocation.
(3)
One hundred fifty (150) percent of the normal water charge for water
diversions and/or deliveries in excess of the monthly allocation from
ten (10) percent through fifteen (15) percent above the monthly allocation.
(4)
Two (2) times the normal water charge for water diversions and/or
more than fifteen (15) percent above the monthly allocation.
(5)
The above surcharges shall be cumulative.
(c)
Variances.
(1)
The city manager, or his/her designee, may, in writing, grant a temporary
variance to the pro rata water allocation policies provided by this
plan if it is determined that failure to grant such variance would
cause an emergency condition adversely affecting the public health,
welfare, or safety and if one or more of the following conditions
are met:
(2)
Persons requesting an exemption from the provisions of this plan
shall file a petition for variance with the city manager within five
(5) days after pro rata allocation has been invoked. All petitions
for variances shall be reviewed by the city council, and shall include
the following:
(A)
Name and address of the petitioner(s);
(B)
Detailed statement with supporting data and information as to how
the pro rata allocation of water under the policies and procedures
established in the plan adversely affects the petitioner or what damage
or harm will occur to the petitioner or others if petitioner complies
with this article;
(C)
Description of the relief requested;
(D)
Period of time for which the variance is sought;
(E)
Alternative measures the petitioner is taking or proposes to take
to meet the intent of this plan and the compliance date;
(F)
Other pertinent information.
(3)
Variances granted by the city shall be subject to the following conditions,
unless waived or modified by the city or its designee:
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(q); Ordinance 08-040, sec. 30, adopted 5/13/08; Ordinance 19-074 adopted 11/12/19)
